Q: What should I do if I am contacted by Insurance after a car accident?

If you are contacted by the other driver’s insurance company, you are not required to speak to them. It is typically best to use caution and to only speak to them in the presence of your attorney. If you do have to speak to them without your lawyer present be careful to not cause any doubt of which driver is at fault. You do have a duty to cooperate with your insurance company and that includes notifying them of the accident, the cause of the accident and any injuries that you have sustained. However, it is always best to consult with an attorney first and have the attorney on the phone with you before speaking to any insurance company.

Q: What does “No Fault” mean in Florida?

“No Fault” is a law that requires all drivers to carry a Personal Injury Protection policy. This means that your insurance company will pay your medical expenses and lost wages up to the amount of the policy regardless of which driver is at fault in an auto accident. Medical bills are paid at the rate of 80% of the reasonable charges and a portion of your lost wages. This is required in Florida and is the primary source of payment for your medical bills in an automobile accident case.

Question 1

Is there an average payout for an auto accident in Florida?

Accepted Answer

No.  Each case has its own issues and therefore, it would be inappropriate to say if there is an average recovery for a given case.  For example, how much coverage is available from the negligent party, how much are the medical expenses and other economic portions of the claim (i.e., property damage, loss of wages); you also need to consider the non-economic aspects of the case (pain and suffering).  Whether there is Uninsured/Underinsured Motorist Coverage available is also an important aspect of the case.  There are many questions and issues that you can discuss with your attorney.

Question 2

What should I do if I get into an auto accident that is not my fault?

Accepted Answer

The first thing you should do when you are involved in an accident is to call the police. Make sure a report is filed and that the police obtain all information.  It is important to make sure that you gather information such as driver&rsquo;s contact information, witness contact information, and insurance information. Take photographs of the accident scene, vehicles and any injuries that you have.  Call your lawyer before you speak to any insurance company, either yours or the negligent drivers to make sure that you are protected from unscrupulous adjusters or insurance companies.  Seek medical attention immediately for your injuries.

Question 3

Do I need to call the police after a car accident?

Accepted Answer

Yes, the police will need to be contacted after a car accident of any kind. Whether it was a fender bender with minor damages and no injuries, or a major wreck with extensive damage and major injuries notifying the police is the correct thing to do. They will make sure a report of the incident is on file and will determine the at fault party. This paperwork will be requested by your attorney if legal action is needed.

Question 4

What should I do if I am contacted by Insurance after a car accident?

Accepted Answer

If you are contacted by the other driver&rsquo;s insurance company, you are not required to speak to them. It is typically best to use caution and to only speak to them in the presence of your attorney. If you do have to speak to them without your lawyer present be careful to not cause any doubt of which driver is at fault.  You do have a duty to cooperate with your insurance company and that includes notifying them of the accident, the cause of the accident and any injuries that you have sustained.  However, it is always best to consult with an attorney first and have the attorney on the phone with you before speaking to any insurance company.

Question 5

What does &ldquo;No Fault&rdquo; mean in Florida?

Accepted Answer

&ldquo;No Fault&rdquo; is a law that requires all drivers to carry a Personal Injury Protection policy. This means that your insurance company will pay your medical expenses and lost wages up to the amount of the policy regardless of which driver is at fault in an auto accident.  Medical bills are paid at the rate of 80% of the reasonable charges and a portion of your lost wages.  This is required in Florida and is the primary source of payment for your medical bills in an automobile accident case.

Question 6

What does Personal Injury Protection (PIP) cover?

Accepted Answer

Personal Injury Protection covers expenses related to the accident regardless of which driver is at fault. These expenses can include medical bills and lost wages. These policies are also known as &ldquo;no fault&rdquo; and are required in the state of Florida.

Question 7

What happens if I am in an accident with a driver that does not have insurance?

Accepted Answer

If you are in an accident with an uninsured/underinsured driver, your policy will pay for a portion of your medical bills and lost wage through your PIP coverage.  You can also purchase UM Coverage which means that you have Uninsured/Underinsured Motorist Coverage so that your company will be obligated to pay for expenses and benefits that would have been available from the negligent driver.   For further questions and loss coverage it is best to contact a lawyer so they can help you navigate the laws surrounding auto lawsuits in Florida and your coverage options.

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