Car accidents can be a traumatic experience, and navigating the claims process can add to the stress. Understanding how car accident claims work in Florida is crucial to ensuring you receive the compensation you deserve. Here's a comprehensive overview to help you grasp the essentials:
What Types of Auto Accidents Are There?
The types of auto accidents are the same pretty much anywhere, and they include single car accidents or collisions between other vehicles, people, property, or animals.
- Single auto accident
- Multi-car accident
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Hit and run accidents
- Rideshare accidents
- Public transit accidents
- Wildlife-vehicle collisions
- Car accidents involving pets
- Car accidents involving children
7 Important Things to Know About Car Crash Claims in Florida
1. Florida's No Fault Law
Florida operates under a no-fault insurance system outlined in Fla. Stat. §627.736. This means that after an accident, your insurance company will cover your medical expenses and lost wages, regardless of who was at fault. This does not mean that it doesn't matter who was at fault - it absolutely does! However, it's essential to understand your Personal Injury Protection (PIP) coverage, which typically covers up to $10,000 in medical expenses and lost wages. Our office has written extensively on this topic at Understanding No Fault Insurance.
2. Steps to Take Immediately After an Accident
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Seek Medical Attention: Your health is the top priority. Even if you feel fine, some injuries might not be immediately apparent.
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Document the Scene: Take photos of the accident scene, vehicle damages, and any visible injuries. Gather contact information from witnesses and the other party involved.
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Report the Accident: Notify the police and your insurance company as soon as possible. A police report can be a crucial piece of evidence.
3. Contact Our Office for Help with Filing a Claim
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Contact Your Insurance Company: We will assist with informing your insurer about the accident and provide all necessary documentation. This includes the police report, medical bills, and any evidence you gathered.
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Follow Up on Medical Treatment: Keep a record of all medical treatments and expenses. This documentation is vital for your claim. Our office can assist with obtaining medical treatment and gathering all of your medical bills and records.
4. When to Consider a Lawsuit
While Florida's no-fault system covers minor injuries, more severe injuries might exceed your PIP coverage. In such cases, you can file a lawsuit against the at-fault driver. To step outside the no-fault system, the injuries must meet specific criteria, such as significant and permanent loss of a bodily function, permanent injury, significant scarring or disfigurement, or death.
5. Comparative Negligence in Florida
Florida follows a comparative negligence rule. This means that if you are partially at fault for the accident, your compensation will be reduced by your percentage of fault. For instance, if you are found 20% at fault, your compensation will be reduced by 20%. In the event that you are found more than 50% at fault, you will be denied any compensation from the other party under recently passed laws that apply to claims starting in March 2023.
6. Statute of Limitations
In Florida, you have a limited time to file a personal injury lawsuit. Generally, you must file within two years from the date of the accident. Failing to do so can result in losing your right to pursue compensation.
7. Importance of Legal Representation
Navigating the complexities of car accident claims can be overwhelming. Having an experienced personal injury lawyer can make a significant difference. They can help you gather evidence, negotiate with insurance companies, and ensure you receive fair compensation.
7 Things to Not Do After an Auto Accident in Florida
In juxtaposition to what you should do if in a car collision, here is what you should not do.
- You should never leave the scene of an accident. If you leave a scene, especially when someone is injured, it is a hit and run, a criminal offense. You must stay with your vehicle and contact emergency personnel if someone is injured.
- You should not leave your vehicle where it can pose a risk to others. If you can, move the vehicle to a safe location. If you cannot move it on your own, contact someone who can.
- You should not ignore calling 911. Even when no one is injured, you should still contact 911. The police will investigate and write a report that can later be used to help identify liability.
- Do not forget to exchange information. Try not to let fear or anxiety get the best of you. You really need to obtain contact and insurance information from the other party involved in the collision. Insurance will be critical to recovery of compensation.
- Do not underestimate your injuries. Some injuries are delayed (like whiplash) while other injuries may not seem serious (like bruising as there may be internal bleeding). You should get checked out by a doctor.
- Do not admit fault. Even if you think or know you are at fault, do not admit it. The other party may have contributed in some way, too. In comparative negligence states, you can still recover in most situations if both parties contributed to the accident.
- Do not contact or give a statement or documents to the other party's insurance company. You must speak to your own insurance company, but you are not obligated to do the same with any other insurance company. To do so could jeopardize your case. Either your attorney or your own insurance company can communicate with the other party's auto insurer.
How Much Does an Auto Accident Attorney in Florida Cost?
Here's another question where everyone wants to know -- how much they will have to pay -- many are reluctant because they are already financially vulnerable and hiring an attorney without the assurances of winning is a scary matter. One thing to consider is an attorney who takes on these cases on an hourly or contingency basis. Also, the complexity of your case may indicate steeper costs because expert testimony and other costs may be required. Our office works solely on a contingency fee basis and advances all costs of the case. That means that it will cost you nothing out of pocket to pursue your claim. We only get paid if we win the case for you!
Contact an Auto Accident Lawyer in Florida Today
If you've been in an auto accident and are considering filing a lawsuit, contact one of our personal injury attorneys at G. Reynolds Legal, PLLC today for a consultation. We can answer your questions, put together a strong case, and fight for the compensation you deserve. Call 954-736-1808 today or fill out our online form today.
