Florida Auto Accident FAQ
It’s important to know your rights after you’ve been injured in an automobile accident. You probably also have a lot of questions about how you’re going to manage your medical care, obtain transportation, and handle other issues related to your accident.
Severity isn’t really the measure of a personal injury case. If you were injured as a result of the other driver’s negligence and have injuries that have generated medical bills then you have a case.
You also aren’t the best judge of whether injuries are minor or not. That should be left up to your doctor. There may be internal injuries you can’t see, and which may take some time to show up.
Remember: see a doctor, no matter how you feel.
Remain at the scene. Call the police to file an accident report and cooperate fully with all of their questions. If you or the other driver has been injured you should also call an ambulance right away. Move your vehicles, if possible, if they happen to be a hazard to other people.
Collect contact information from the other driver, all passengers, and any witnesses. Note the time, date, and location of the accident. If you’re not too hurt to do so, this is also an ideal time to take some photographs of the scene of the accident. Notify your own insurance company of the accident and give them any basic information they ask for.
You should think about calling a personal injury attorney within a day or so of the accident. The faster you get moving the faster we’ll be able to help you. Make sure to get a copy of the police report to provide to your attorney, as it will serve as a key piece of evidence in your case.
Don’t panic. A citation isn’t necessarily an indication of fault. Provide a copy of your citation to your personal injury attorney. We’ll provide you with further advice at that point.
You have two options. The first is to seek compensation from your own Uninsured Motorist or Underinsured Motorist coverage. This is a vital coverage type which can really protect you in the event of an accident—in fact, if you don’t have it now you should seriously consider ordering the moment you’re done reading this webpage.
You can also sue the driver. Unfortunately, the driver couldn’t afford car insurance—how much do you think he or she has in the way of assets?
Sometimes. In general, though, we advise you not to go around admitting fault or trying to determine whether or not you are at fault. “Fault” is a sticky legal term, and in our experience people tend to over-estimate their responsibility rather than to underestimate it. It’s best to just allow us to go through the facts of the case so we can make a determination.
Remain at the scene. Call the police to file an accident report and cooperate fully with all of their questions. If you or the other driver has been injured you should also call an ambulance right away. Move your vehicles, if possible, if they happen to be a hazard to other people.
Collect contact information from the other driver, all passengers, and any witnesses. Note the time, date, and location of the accident. If you’re not too hurt to do so, this is also an ideal time to take some photographs of the scene of the accident. You should think about calling a personal injury attorney immediately. The faster you get moving the faster we’ll be able to help you. Then we can notify your own insurance company of the accident and give them any basic information they ask for.
Make sure to get a copy of the police report to provide to your attorney, as it will serve as a key piece of evidence in your case.
Yes. First, never admit fault, or make any statement which could be taken as an admission of fault, including apologies. Be like Joe Friday: think, “Just the facts, ma’am.” This goes for talking to the police, to the other driver, to witnesses, and to your own insurance company.
You may feel shaken. You may feel a little bit responsible, but you’re not in the best position to determine your own fault right now. It’s still important to avoid making any statement which can be used against you later.
Second, avoid giving any statement to the other driver’s insurance company. They will use it against you. By the time they’re done with whatever you say you may find it impossible to collect a dime. Don’t provide them with any records, reports, or documentation of any kind.
Finally, avoid the reflex of confirming that you are “ok”. It is very common after an accident to use this term loosely to mean, you are able to function. However, you almost never mean that you are without pain or completely uninjured. Not surprisingly, insurance companies will attempt to construe it that way.
After an accident it is an opposing insurance adjuster’s primary job to find ways to avoid paying you, or to pay you as little as possible. They may even try to convince you you’re obligated to work with them, but don’t believe them. Ideally, you’ll already have a lawyer to send them to when they call. If you’ve hired us you can simply refer them to us in a polite, but firm, voice.
Your car is probably going to need some repairs, and you’re probably going to need a rental car in the meantime.
You can usually contact your own insurance companies to take care of these immediate needs. They will seek repayment from the at-fault driver’s insurance company at a later date. Do make sure you get a copy of the appraisal and estimate to provide to your own insurance company, and to your personal injury attorney.
The passenger always has an option to file a claim against the at-fault driver, whether he or she was in the car with the at-fault driver or not. The at-fault party’s insurance company is responsible for compensating you for your injuries. Speak to a personal injury attorney about your next step.
Do everything you can to get the license plate number, as well as the make, model, and color of the vehicle, as well as a description of the driver. The at-fault driver has just committed a crime. The police are going to have to track down this driver before you can make any claims.
The possibility of being involved in a hit-and-run accident is another reason why uninsured or underinsured motorist coverage is so very important.