Before you learn about the specifics related injuries suffered due to a motor vehicle accident; motorcycle accident; pedestrian accident; aviation accident; boating accident; and, slip and fall incidents, undoubtedly the most important question on your mind is how much will it costs me to get an attorney to represent me for my injuries. The answer is very simple. Nothing. In the state of Florida attorneys represent individuals injured as result of an accident on a contingency fee basis. That means that it costs nothing to retain an attorney, and you owe that attorney nothing unless that attorney secures a settlement for you.
What is Bodily Injury (BI) coverage?
This coverage will pay for personal injury or death to you when the other driver or owner is involved in an accident with your vehicle in which the other driver is found to be at fault. However, the other at fault insurance will only pay up to the limits of liability provided in its policy (as shown on the "declarations page".) For example, if the BI limits are $25,000/$50,000 the insurance company would only pay for damages up to $25,000.00 per person or a total of $50,000.00 per accident if multiple people were involved. If the damages exceed the limits of liability, the other at fault driver or owner is personally responsible for those excess damages.
What is 'No Fault' or Personal Injury Protection (PIP) coverage?
If you suffer injuries in an accident, this coverage with your insurance company will protect you whether or not you cause the accident, up to the limits of your policy and only for specific economic losses. Under most policies, this coverage will apply towards reasonable and necessary medical expenses and lost wages. However, once the limits of coverage have been reached, you are responsible for paying your own medical expenses. This coverage is also known as Personal Injury Protection or PIP coverage. Most policies contain $10,000.00 in PIP coverage, which means that your insurance company will pay up to $10,000.00 of your medical bills.
What is Uninsured/Underinsured Motorist Protection (UM) coverage?
This coverage provides coverage to protect you and your family. It provides for payment of remaining medical expenses and lost wages that you may have, payment for bodily injury, pain and suffering, loss of enjoyment of life, disability, and other non-economic damages that have been incurred as a result of the negligence of another person who lacks bodily injury liability coverage or fails to carry enough coverage to pay for your losses.
What is Property Damage (PD) coverage?
This coverage pays for certain automobile damage which the other at fault driver causes to your vehicle.
What is Comprehensive (Comp) coverage?
This coverage with your insurance company pays for losses from incidents other than a collision, such as a fire, theft, flooding, vandalism, or storm damage. Many insurance policies have deductibles for this coverage, meaning you will be responsible for the initial cost of the loss up to the amount of the deductible you have chosen.
What is Collision coverage?
This coverage with your insurance company pays for repair or replacement of your vehicle if it is involved in an accident. It will pay regardless of who causes the accident. It does not cover injuries to people or damage to property other than your vehicle. Generally, you will have a deductible for this coverage, requiring you to personally pay for the initial expenses, subject to the amount of deductible you have chosen.
What if I've been injured in an automobile accident?
When you are involved in a motor vehicle accident, it is important that certain action is taken. The name and address of the operator of each vehicle should be obtained. Additionally, the name and address of the owner of each vehicle involved should be obtained and license plate number of all vehicles should be recorded. Lastly, the name of the automobile insurance company for each vehicle should be obtained. If possible, obtain the names, addresses and telephone numbers of any witnesses to the accident.
If there has been any type of injury, the police should be called to investigate the accident. That police officer in most cases will author a report. Insurance companies usually will require that a report of the accident be obtained before providing any benefits.
It is important to immediately contact your own motor vehicle insurance company to report to them any property damage or personal injury. If you or a family member is injured in a motor vehicle accident, prompt medical attention should be obtained.
If you are seriously injured as a result of someone else's negligence, you should not talk to any representative of the negligent driver or owner's insurance company until you have sought the advice of your own attorney.
If you are injured as a result of a motor vehicle accident, your best decision might be to contact an attorney prior to contacting any of the insurance companies involved, that way a trained professional will be able to properly advise each insurance company of the facts of the loss and the extent of the damages and injuries associated with an accident.
How will I pay all my medical bills?
If you have been injured, you will likely have medical bills from physicians, hospitals, physical therapists, and other health care providers. Your insurance company will pay up to $10,000.00, through your PIP benefits, and potentially more if you carry additional coverage known as Med-Pay. You are primarily responsible for paying any remaining bills, regardless of the cause of your injuries. However an attorney can secure a settlement from the at-fault person's liability insurance carrier, the BI portion of the policy, to be used to pay you reasonable compensation for damages incurred, which includes medical bills.
What issues will I face in making a claim for my injuries sustained in an auto accident?
A claim for injuries, sustained in an automobile accident, is usually based upon carelessness or negligence. In worse case scenarios, it is based on an intentional or reckless act. The two categories of issues that typically arise in a tort claim after an automobile accident are the following:
•§ Liability - who is at fault and to what degree
•§ Damages - injuries or losses that were caused by the accident
Who determines who is responsible for a traffic accident?
Figuring out who is at fault in an accident is a matter of deciding who was careless. For traffic accidents, State traffic laws provide guidelines by which liability may be measured. These rules apply not only to automobiles but also to motorcycles, bicycles and pedestrians. In some cases, a driver may be liable for an accident even if he/she was obeying, for example, the posted speed limit, if traveling at the posted speed was unreasonably careless given the weather or traffic conditions at the time. However, insurance companies perform independent investigations of the accident to determine whether their insured is at fault and therefore liable for the accident.
What does it mean it my car was totaled?
It means that as a result of the collision the costs to repair your vehicle exceeds the value of the vehicle. In order to receive a fair amount for your totaled vehicle it is important that you do your homework. Check the internet (such as Kelley blue book) or NADA for the actual cash value (ACV) of your car, check out the classified advertisements in your local newspapers and check with the car dealerships in your area. Look for the prices of cars similar to yours and submit them to your company, if the prices are higher than the company's offer. Remember their estimate must be based on the local market.
Who pays to get my car fixed after I have been hit in an accident for which I was not at fault for?
The insurance company of the at fault driver is obligated to pay what the insured is legally liable for because of an accident. A citation by itself is not evidence of 100% legal liability, therefore, in many instances the company may not have to pay for damages if their insured does not report the accident and cooperate in the investigation.
Will I be penalized for choosing my own body shop?
Normally, you have the right to choose the auto repair shop you want. Note: Some policies approved by Department of Insurance require the insured to take the vehicle to a designated repair shop in exchange for a reduced premium. The company cannot be required to pay a higher price for the same necessary repairs. When a company directs a vehicle to be repaired by their facility, the insurance company is responsible for the quality of the repair.
If an insurance company contacts me and requests that I provide a statement, what should I do?
Immediately contact your attorney. It is never wise to provide a statement to any insurance company, including your own, with proper representation. An attorney will help guide you through the process so that your rights are protected.
Where can I go for medical help?
If the injuries that you have sustained are a medical emergency immediately call 911 or visit the nearest emergency room. If the injuries are less severe and do not require emergency room care, there are certain medical facilities, or clinics, that specialize in the treatment and care of accident related injuries. While there are many clinics that advertise that they specialize in automobile accidents and personal injuries it is very important to do some homework prior to walking in to just any clinic. Additionally your attorney can usually help answer any questions or concerns you may have regarding what you should look for in a medical provider.
What is negligence?
Negligence is the failure to use reasonable care, that is, when you do something that a reasonably careful person wouldn't do under the circumstances. Reasonable care on the part of a professional, like a doctor or lawyer, is recognized as acceptable if it follows the standards of practice in that profession. Otherwise, we need to look at the definition of negligence under the law.
What if my child is injured in an accident?
As a parent of a minor child injured by the negligence of others, you will have the responsibility to present the claim, as parent and guardian, of your minor child. The damages that are pursued in a claim or lawsuit involving a minor child are determined on a case by case basis.
What if my accident occurred one week, one month or three months ago, and I am just beginning to feel pain?
It is very common that injuries don't immediately surface after an accident. Don't worry all is not lost. If you have recently been involved in an accident but did not decide to make a claim because you felt no pain, or thought that the minimal pain and stiffness you were experiencing would resolve on its own, it is not too late to make a claim. Immediately contact an attorney or notify your insurance carrier that you were involved in an accident and you feel that the pain you are experiencing is a direct result of the accident. Then contact a physician or a medical provider so that you can start receiving the proper medical attention.
How long does an insurance company have to settle an auto claim?
There is no specific time limit during which the company must come to a settlement agreement with an insured or a third party claimant. Each case is different and therefore each case progresses at its own pace. However it is always important to keep in mind that in the state of Florida you have four (4) years to file a lawsuit based on negligence of another party.
