Car accidents in Florida, even seemingly minor ones, can result in serious injuries. In the weeks and months following a crash, you may feel very uncertain about the future. You may wonder how you will pay your medical bills, particularly if you cannot return to work to earn a living. You may also struggle to complete daily tasks and may not be able to engage in the activities you once loved.
You may be able to file a claim with your own insurance company or with the at-fault driver’s insurer after a crash. However, the steps you take now can either greatly help or hurt your claim. Below, our Greenacres personal injury lawyer outlines the most important steps to take.
Understand Florida’s No-Fault Insurance Laws
Florida is one of the handful of states in the country that follow no-fault auto insurance laws. Under these laws, all drivers are required to carry a minimum of $10,000 in personal injury protection (PIP) coverage. After a crash, you can file a claim for this coverage, and it will pay 80% of your medical expenses and 60% of your lost wages. As the name implies, this coverage is available even if you contributed to or caused the accident.
Damages for pain and suffering are not covered under PIP benefits. However, if you meet a certain serious injury threshold, it may be possible for you to step outside of the no-fault system and file a personal injury lawsuit against the negligent driver who caused your crash.
When filing a personal injury lawsuit, you will have to prove that another motorist or entity was at fault. In these cases, though, you may be able to claim additional damages, such as pain and suffering. You are barred from filing this type of claim if you were more than 50 percent at fault for the accident.
Steps to Take Immediately After a Car Accident
Immediately after a car accident, you will likely feel stressed and unsure of how to move forward. First and foremost, it is critical to check yourself and others for injuries. Do not try to move anyone, particularly if they are in pain or experiencing numbness. If it is possible, you should also move your vehicle out of the roadway to prevent a secondary accident and to keep everyone safe.
Even if you do not believe you were injured, it is critical to seek medical treatment. You should report the crash to 911 so a dispatcher can send law enforcement and paramedics to the scene. Allow the paramedics to examine you and follow all medical recommendations, such as visiting an emergency room for a more thorough examination after you leave the accident scene.
Failing to seek medical attention not only puts your health and safety at risk, but it may also hurt any future claim you file. The insurance company will likely argue that your injuries are not as severe as you claim because you did not seek prompt medical treatment.
Wait for the police to arrive at the scene so you can provide them with a statement. Do not provide too many details, but do provide the basic details of the crash. The police report may serve as important evidence when you file a claim, particularly if it indicates fault.
Steps to Take at the Scene of a Car Accident
Some of the strongest types of evidence used in car accident claims are found at the scene of the crash. As such, you should collect this evidence before leaving the scene. The most important steps to take are as follows:
- Exchange information: It is critical to exchange names, contact information, and insurance details with all other drivers involved in the crash. Your Greenacres personal injury lawyer will need this information when helping you through the claims process afterward.
- Collect evidence: Photos of the vehicles involved, your injuries, and other pertinent information, such as skid marks or a stop sign the other driver ran, provide strong evidence regarding how the accident occurred. If you can, also take video footage of the entire accident scene, as this can provide additional information.
- Locate witnesses: The testimony of eyewitnesses to car accidents is given a great deal of weight, as these neutral parties have nothing to win or lose in your personal injury claim. Locate anyone who saw the accident and ask them for their names and contact information.
What to Do When Speaking to the Insurance Company
Even if you were not at fault for the crash, you will likely have to inform your own insurance company. You may have to do this in order to claim PIP benefits, but it is also likely a requirement in your insurance policy. Report the crash to your own insurer as soon as possible and submit any supporting documents, such as the police report, repair estimates, and your medical bills. Make note of the dates and times of any conversation, as well as the name of any insurance adjuster you speak to.
How Can a Lawyer Help?
You are not required to work with an attorney when filing a claim, but having legal representation is extremely useful. When working on your case, a lawyer can handle the following:
- Investigate your accident to determine which party is liable
- Collect evidence to prove your case
- Accurately value your claim, factoring in your current and future losses
- Negotiate with the insurance company for a fair settlement on your behalf
- Ensure your rights are always protected
- Represent you at trial, if necessary
Call Our Personal Injury Lawyer in Greenacres today
Filing a personal injury claim after a car accident is a stressful experience, but you do not have to go through it alone. At Adolphe Law Group, our Greenacres personal injury lawyer will advocate on your behalf to ensure that you receive the fair settlement you are entitled to and ensure the entire process is as easy as possible for you. Call us now at 561-821-8102 or contact us online to schedule a consultation and to learn more about how we can help with your case.