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Frequently Asked Questions
Automobile Accident Questions & Answers
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What should I do if I am in an automobile accident?
Write down the names, addresses and telephone numbers of all drivers and witnesses involved. Do not admit fault or discuss the accident with anyone until the police arrive. Once the police arrive, provide all requested information and give a detailed explanation of your version of the crash. Do not argue with the officer, even if he/she invites you to do so. Sign any citation if requested to do so by the officer. Signing of a citation does not admit liability but merely acknowledges receipt of the ticket. Be sure all damage to your vehicle is recorded by the officer. Have all of your complaints of injury documented as well. Accept first aid if necessary. It is not uncommon for your injuries to take 24-48 hours to become apparent. Should injuries become more apparent after leaving the scene, seek an examination with your physician or the emergency room of your local hospital. It is important to document your injuries as soon as possible after the collision. Failure to do so may jeopardize any later claim you may choose to make. Contact your insurance carrier as soon as practical and cooperate with their investigation of the collision. Who pays for property damage? Florida Law requires that drivers carry property damage liability coverage. If you were involved in an automobile accident and the other driver was cited for causing the accident, the other driver's property damage coverage on his insurance policy will pay for the damage to your vehicle. An insurance adjuster may contact you to examine your vehicle and determine the extent of the damages. Please note that the insurance company will repair or replace your vehicle based upon the value of a similar vehicle. The insurance company is not obligated to compensate you for extras contained in your vehicle or the amount owed on your vehicle beyond its book value. You may also be entitled to compensation for the loss of the use of your vehicle and/or a rental car while your vehicle is being repaired. If the other driver does not have property damage coverage, or you feel that the adverse insurance company is not dealing with you in good faith, you have the option of using the collision coverage on your automobile insurance policy. However, the majority of policies with collision coverage have a deductible of $100.00, $250.00, $500.00 or more. This means that you must pay this amount out of your pocket before your insurance company will cover any additional damage to your vehicle. It is a good idea to get two or three independent estimates for the repair of your vehicle to have a reference point when dealing with the insurance examiners. Most body shops will give you a free repair estimate. What is the Florida Motor Vehicle No-Fault Law? This law was established by Florida statute 627.736. This law establishes Personal Injury Protection (PIP) benefits to pay for certain losses (including medical and lost wages) resulting from a motor vehicle accident regardless of fault. Who is covered by No-Fault insurance? a.) If you are a resident of Florida and own a motor vehicle, you are required to purchase PIP insurance. You are covered by PIP if you are the named insured in the policy. You, as a named insured, are covered by PIP while driving your vehicle or when a passenger in someone else's vehicle. b.) You are also covered while you are outside a vehicle, such as a pedestrian, if you are caused injury by another motor vehicle. c.) Other persons who drive your insured vehicle or who are injured while a passenger in your vehicle or who are injured as a pedestrian by your vehicle may be covered under your PIP insurance. This depends upon whether they or a relative who lives with them has such PIP coverage. d.) Finally, your children and your relatives who live with you, the insured, may be covered by your PIP insurance benefits while they are driving your car or as passengers in someone else's car or as pedestrians when injured by another motor vehicle. e.) If you or a relative living with you are injured while outside the state of Florida and are in your insured Florida motor vehicle, you are covered under your PIP insurance as long as the accident occurs within the geographical limitations of your insurance policy. Generally speaking, most policies include the entire United States, its territories or possessions and Canada within their geographical coverage What benefits does my No-fault (PIP) policy provide? a.) Eighty percent of medical benefits for all reasonable expenses for necessary medical, surgical, x-ray, dental and rehabilitative services, including prosthetic devices, wheelchairs, crutches, slings, neck braces and splints. (including necessary travel related to medical care.) b.) Eighty percent of necessary ambulance, hospital and nursing services. c.) Eighty percent of necessary remedial treatment (nursing home care or home nursing care). d.) Eighty percent of necessary remedial treatment and services recognized and permitted under Florida law when an injured person who relies solely upon spiritual means through prayer for healing because of religious beliefs. e.) Sixty percent of disability benefits for any loss of gross income and loss of earning capacity from inability to work because of an injury suffered in an accident. f.) All expenses reasonably incurred for household services that, if not for the injury, the injured person would have performed. g.) Death benefits - $5,000.00 per individual in death benefits. The insurance company may pay such benefits to the executor or administrator of the deceased, to any of the deceased's relatives, including those related by marriage or to any person appearing to the insurer to be reasonably entitled to the payment. What if the other driver is not insured? If the at-fault driver does not have bodily injury coverage on their insurance policy, you may be able to obtain benefits through your own uninsured/underinsured motorist coverage. This coverage is available through your insurance company for an additional premium. Florida Law only requires that drivers carry property damage liability coverage and no-fault personal injury protection coverage. Therefore, accepting UM coverage on your policy will protect you against drivers who have either no bodily injury or insufficient bodily injury coverage. If the at-fault driver is uninsured or if his coverage is insufficient to compensate you for your injuries, your uninsured/underinsured motorist coverage will step in to compensate you. In some instances, the same threshold requirement may apply before your uninsured/underinsured motorist coverage is obligated to pay for your injuries. How long will it take to resolve my claim? Once you begin to experience complaints of pain, it is in your best interest, both legally and medically, to obtain a medical evaluation from a physician with whom you feel comfortable. You may wish to treat with your family physician who may be able to refer you to specialist to address your particular injuries. Alternatively, you may treat with a physician recommended to you by family, friends, or your attorney. It will be necessary for you to treat with your physician and follow his recommendations for treatment, including referrals for tests and second opinions. Your doctor will chart your progress through your medical records, as well as documenting the history of your injury-causing accident as you have described it to him. Your doctor can also document his diagnosis of your condition, as well as his prognosis of your future medical condition and recommended treatment. It will be necessary for you to treat with a physician(s) until you reach the point of maximum medical improvement (MMI). MMI is the point where your doctor has determined within a reasonable degree of medical certainty that your condition has stabilized to the extent that you have gotten as well as you will get. At this time, your doctor will be able to write a report which outlines his treatment and his prognosis for your future medical condition. Your doctor will also use the Guides to the Evaluation of Permanent Impairment published by the American Medical Association to assign an impairment rating to your injuries. This will permit non-medical individuals, such as attorneys and insurance adjusters, to understand the degree to which you have sustained a permanent injury. Under Florida Law, you must be assigned at least a 1% permanent impairment in order to make a recovery for pain and suffering damage from the at-fault party. Once you have reached MMI (usually at least six (6) months from the date of the accident), your attorney will be able to obtain copies of all of your medical records, medical bills, police reports, witness statements and other evaluations to be forwarded to the insurance adjuster assigned to evaluate your claim. Together with this documentation, your attorney can inform the adjuster as to ways in which this injury has affected your lifestyle, including, but not limited to, your ability to work and/or enjoy life as you did before your injury-causing accident. Your attorney will normally give the insurance adjuster approximately thirty (30) days to review all this documentation. At that time, your attorney will begin negotiations with the insurance company to resolve your claim. Should your attorney be unable to obtain a settlement from the insurance company with which you are satisfied, you have the alternative of filing a lawsuit against the adverse driver and, if not settled during the litigation process, bringing your claim before a jury to award damages. Your lawyer can explain in greater detail the litigation process and any possible adverse consequences arising from your decision to file a lawsuit against the adverse driver or his insurance company. What about Attorney's Fees? In most cases involving negligence, such as automobile accident and other personal injuries discussed on this site, an attorney will represent you under a contingency fee agreement. That is, your attorney will work for a percentage of the total recovery he obtains for you. If the attorney is unsuccessful in obtaining a settlement on your behalf, then you do not owe the attorney any fees or costs.
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