Car Accident FAQ

What should I do if I’m involved in an automobile accident with multiple people?

If you’re involved in an automobile accident in which several people are filing a claim, your Orlando car accident attorney will attempt to determine the at-fault party’s bodily injury policy limits as soon as possible. The best case scenario would be for the at-fault party to carry enough insurance coverage to properly compensate all the victims of the accident. If there is a small policy, however, a global mediation will need to be arranged by the insurance company to determine how much money each party to the accident should be awarded for their injuries. The person suffering the most severe injuries will typically receive the most compensation. If all the parties to the accident have similar injuries, the insurance company will typically award each person a percentage of their insured’s bodily injury coverage. For example, if five people are all involved in the same automobile accident for which the at-fault party only carries $20,000.00 in bodily injury coverage, each claimant will likely be awarded $4,000.00 if all claimants are equally injured.

What should I do if I am involved in a hit and run?

If you are injured in an accident with a hit and run driver, you will need to contact your insurance company immediately. Ask your insurance carrier if you carry collision and uninsured motorist coverage. If you carry collision coverage under your insurance policy, your insurance company will pay to have your vehicle repaired. If the accident resulted in bodily injury, you can file an uninsured motorist claim for your personal injuries and any pain and suffering. If you do not carry uninsured motorist coverage you may not receive proper compensation for your injuries. Our office strongly recommends you contact your insurance carrier to ensure you are carrying uninsured motorist coverage (or to purchase it right away).

Should I give a recorded statement to the insurance company of the at-fault driver?

If you plan on hiring an Orlando car accident attorney you should never provide the at-fault driver’s insurance company with a recorded statement. These statements can often hinder your claim rather than lead to a faster resolution. If you provide the insurance company with a recorded statement they may attempt to use the information against you in your case. The at-fault driver’s insurance carrier’s interests are adverse to your own. The insurance company wants to keep their costs as low as possible, while you are seeking proper compensation for the injuries you suffered in the automobile accident. An experienced Orlando automobile accident attorney will know when a recorded statement is necessary to help determine liability.

What do I do if I am involved in an automobile accident and do not have insurance coverage?

Florida drivers should always be sure their insurance coverage does not lapse. It is important to make sure you are personally insured in case the at-fault driver does not carry automobile insurance. Carrying uninsured motorist coverage on your own insurance policy will ensure you are always able to receive proper compensation in the event of an accident. If your insurance policy was canceled prior to your accident your only form of recovery will be through the at-fault party’s insurance carrier. If the at-fault party does not have insurance coverage you will be left with injuries and property damage and few options. If the at-fault driver does have available insurance coverage, you will be able to pursue a claim for your bodily injuries and property damage. You will not, however, be eligible for PIP coverage if you do not have automobile insurance and your medical bills will be outstanding. If you do not have insurance and your medical bills remain outstanding, your medical providers will need to be reimbursed out of your settlement at the conclusion of your case.

Do I need a police report to file an automobile accident claim?

It is not necessary to have a police report to file an automobile accident claim. It is, however, a very good idea to insist that the police be called to the scene of the accident to fill out a report. Without a police report, the insurance company will likely take additional time to investigate their insured’s claim to ensure their insured was truly at fault for the accident. This investigation could result in a substantial delay to your claim. If your vehicle is inoperable as a result of the collision, it may cause you to be without a vehicle for an extended period of time. Without a police report, the at-fault driver’s insurance company may even deny your claim or place partial liability on you. To expedite and safeguard your claim, you should always call the police after an automobile accident.

What do I include in my property damage claim?

Certain items in your vehicle may be included in your property damage claim following an automobile accident. If your CD player or navigation system was destroyed as a result of the accident, you can claim a replacement value. Moreover, should you have recently had work done to your vehicle and you can provide an invoice or receipt of the repair work, you can often negotiate with the insurance company to increase your property damage claim.

Do I need to be a United States citizen to make an auto insurance claim?

No, it is not necessary to be a United States citizen to make a claim if you have been injured in an automobile accident. Illegal aliens may even file an automobile accident lawsuit.

What should I do with my child's safety seat after an automobile accident?

If you have a child safety seat in your vehicle and are involved in an automobile accident the child seat is likely damaged. Even if the damage is not clearly visible, you should always assume that the seat was damaged in the collision. You should discontinue using the child’s safety seat and purchase a new one to avoid putting your child at risk. The insurance company for the at-fault driver should reimburse you for the cost of a replacement safety seat. You will need to provide the insurance company a copy of your receipt to receive compensation for your new child safety seat.

Do I have a claim if both drivers were at fault?

Florida law allows for comparative negligence. Comparative negligence means both parties to an accident can be found partially at fault. If both parties are at fault, damages are awarded in proportion to the percentage of blame assigned to each party. For example, if Jack and Jill are involved in an automobile accident, and Jack was 75% responsible and Stephanie was 25% responsible, Jill’s damages would be reduced by 25%. Therefore, if Jill had $10,000 in damages, she would only receive $7,500 from Jack because she would be liable for the remaining 25% or $2,500.00

How long do I have to file an automobile accident lawsuit in Florida?

In Florida, the statute of limitations to file an automobile accident lawsuit is four years from the date of the accident. If a wrongful death occurs as a result of an accident, however, the survivors have two years from the date the death occurred, not the date of the accident, to bring a claim.

What are economic damages?

Economic damages are all the out-of-pocket expenses that are a result of an automobile accident. For example, medical bills, lost wages, property damage, car rental expenses, and other miscellaneous expenses that stem from your accident. It is important to keep receipts for all of these expenses that are a direct result of your automobile accident so you can be properly compensated.

What are non-economic damages?

Non-economic damages do not involve a direct economic loss and do not have a precise value. It is often difficult to assign a precise value to non-economic damages. Examples of non-economic damages include pain and suffering, scarring and disfigurement, loss of consortium, emotional suffering, and loss of the capacity for the enjoyment of life.

What are punitive damages?

Punitive damages may be awarded in addition to actual damages to the victim of an automobile accident and are designed to punish the at-fault party for their wrongdoing. Typically, punitive damages are awarded when the at-fault party knowingly or intentionally injured or endangered the Accident victims. Punitive damages are often imposed for repeated drunk driving violations.

How are my medical bills paid if I was uninsured at the time of my accident?

In the event that you were involved in an auto accident and did not have an active insurance policy at the time, The Trial Professionals P.A. are still able to get you the medical treatment you need without paying anything out of pocket. We can provide your doctor with a “Letter of Protection”. This will allow your doctor to treat you even though you may not have any medical (PIP) coverage through an active auto insurance policy. The Letter of Protection ensures that the doctor’s bill will be paid upon the resolution of your case. Don’t allow the lack of insurance to interfere with getting the medical treatment you need; let our firm assist you in making sure your medical bills are covered without having to pay anything out of pocket.

I caused an accident, what can your firm do to help?

Unfortunately auto accidents happen to everyone for a variety of reasons. If you were at fault for an accident there are still ways that we can assist you. If you were ticketed we are happy to help you dispute your ticket if you feel it wasn’t justified. If you are suffering from injuries, we can help facilitate a referral to a medical office that is familiar with auto accident injuries. If you simply need questions answered on what you can expect from the process, we are here to answer your questions.

How does the firm’s responsiveness relieves stress and increase claim value?

One of the most frustrating aspects of being involved in an auto accident is that no one else understands the urgency of your situation…until now. The team at The Trial Professionals P.A. understands that any type of accident involving an injury can cause stress for you and your family. Our firm takes pride in getting you the help you need quickly. Within a matter of hours we will meet with you in person, put the insurance companies on notice, start the process of getting you in a rental car, start the process getting your vehicle repaired, submit a claim for lost wages, and help facilitate a referral to a doctor that is familiar with treating common auto accident injuries. Our goal is to make this experience as stress-free for you and your family.

What do I do if I am involved in an auto accident while I’m working or in a work vehicle?

Auto accidents that occur while you are working or in a work vehicle often have an injured employee asking these questions. Is hiring an attorney going to negatively affect my relationship with my employer? Do I sue my employer for pain and suffering? Who pays my medical bills? Does my employer send me to a doctor or can I find my own? Who fixes my car?

The Trial Professionals P.A. are very experienced in handling auto accident claims that happen while the injured party is at work or in a work vehicle. Our firm respects and understands that people value their jobs. We will never be pushy and always allow the client to make the decision that is best for them and their family. Anyone injured in an auto accident while working is entitled to the same medical benefits and pain and suffering benefits as any other auto accident victim.

Call us today to discuss what your options are when you are involved in an auto accident while working. We advocate for clients from Naples to Miami to Delray Beach.

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