Susan Melony
What you do after a car accident can have a huge impact on your accident claim. Even saying the wrong thing can turn the car injury claim process into a nightmare. While dealing with an insurance company isn’t anyone’s idea of a great time, you don’t want to make it more challenging.
The insurance adjuster is already trying to find reasons to lower your claim’s value or better yet deny it. Since protecting your rights after a Florida car accident is a priority, it helps to know what to do.
Navigating a Florida Car Accident Claim
Your first impulse is probably to file a claim with the at-fault driver’s insurance adjuster. This isn’t how the claim process works in the Sunshine State. Florida follows no-fault insurance rules and this affects pretty much every aspect of the claim process.
In a no-fault insurance state, you turn to your auto insurance provider. All drivers with vehicles registered in the state must carry at least liability coverage and personal injury protection (PIP) insurance.
Okay, brace yourself, this is when it can get a tad confusing. If you’re only carrying liability insurance, you can’t claim your property damage. Liability insurance only covers damage to the other involved party when you’re responsible for causing the accident. On the other hand, if you have full coverage, your policy should pay out for your damages at least up to its cap.
Now on to PIP insurance. Your PIP policy covers some or most of your medical expenses. But wait, there’s a catch. All PIP policies have caps and it varies depending on your policy. PIP only covers your medical expenses up to the policy’s cap or 80% of the costs, whichever comes first. So, regardless of your policy, you’re always going to be left with at least 20% of your medical costs.
PIP also covers lost past and potentially future income, depending on the severity of your injuries. Yep, the same caps apply to lost income as to your medical expenses. In other words, PIP is always going to leave you with at least 20% of your damages unpaid.
Filing an Accident Claim Against the At-Fault Driver
You’ve gone through the steps for filing an accident claim with your insurance provider. Now it’s time to start working on recovering any leftover damages. Remember, PIP doesn’t cover everything. Your insurance also doesn’t address your non-economic damages like pain and suffering.
Something to always keep in mind is your claim against the at-fault driver can only include what’s not covered by your insurance provider. So, if PIP covers all but 20% of your medical costs, that’s all you can list in your injury claim. If you try to claim all of your damages, even those already covered, you may find yourself facing insurance fraud charges.
Not only does this prevent you from filing a claim, but the penalties for the charge can be rather steep. Along with fines, you may also be facing some jail time. No one wants to recover from their injuries in the county jail.
Report the Accident
Since injuries are present, you must report the accident to the authorities and stay at the scene. This is Florida law and it really doesn’t make any exceptions. Besides, Florida also follows comparative negligence guidelines. This means more than one person can be liable for causing the same accident. If you’ve assigned any of the blame, your potential compensation amount will also be reduced.
Immediately reporting the accident can help ensure you’re not unfairly assigned fault for the accident. The authorities can investigate the accident scene while the evidence is fresh and eyewitnesses can still remember events.
You’re also going to need a copy of the accident report when you file a claim with your insurance provider and against the at-fault driver.
Seek Medical Attention
Your health should always be a priority so visit your physician immediately after a car accident. Even a minor fender bender can result in injuries like whiplash and it can take a day or so to start showing symptoms. Instead of waiting to see if you have a health problem, it’s best to be a little proactive.
Obviously, if your injuries are severe, hop into the ambulance and head to the emergency room. Save copies of your medical records relating to the accident. You also want to turn into a bit of a pack rat and keep every bill and receipt, including any prescriptions. These are usually recoverable damages.
Document the Accident Scene
Have you always wanted to know what it’s like to be a detective? Well, now’s your chance. If your injuries aren’t forcing you into an ambulance, grab your smartphone, it’s time to play amateur detective.
You’re going to take pictures of the accident scene, along with any property damage. If you have minor visible injuries like cuts and scrapes, take a few photos. If possible, try to get a few shots of your vehicle’s position. If there’s an issue with comparative negligence, your vehicle’s position after the accident can help establish blame.
Don’t forget to get the contact information from any witnesses. Your personal injury attorney and the insurance adjusters are going to want to interview any witnesses. Don’t get into detail about the accident. Remember, insurance adjusters are always looking for ways to reduce your claim’s value. You don’t want anything you say to be used against you.
Another good idea is to look around for any surveillance cameras. This includes traffic cameras. Your attorney can subpoena the footage and use it to help support your accident claim. Once again, don’t forget about comparative negligence. The video footage can help ensure you’re not unfairly assigned fault.
Let an Accident Attorney Protect Your Legal Rights
You’re probably perfectly capable of handling your insurance provider. However, it’s a different story when you’re filing a claim against the at-fault driver. This is usually when it pays to have an experienced Florida injury attorney working to protect your legal rights.
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