What if the at-fault driver has inadequate insurance to cover all your damages?
Auto insurance is not the only type of insurance policy that can pay for damages related to a car accident. Experienced attorneys can sometimes negotiate with insurance companies to allow unpaid damages to be covered by other policies held by the liable party, like a homeowners’ insurance policy. Another option to seek unpaid damages is to use an underinsured motorist (UIM) policy that you purchased.
What damages can you recover after a car accident in Florida?
If you can sue another driver for your injuries, then you will be able to demand compensation for any damages that have not been covered by your PIP insurance. For example, you can sue for unpaid medical treatment costs, missing wages, and pain and suffering.
Can you sue after any car accident in Florida?
No, Florida required drivers to carry personal injury protection (PIP) insurance. This unique type of insurance will provide coverage to the policyholder for their damages, up to a cap. The law also prevents filing a claim against another motorist unless the claimant has been seriously injured, which is usually described as an injury that causes a lasting debilitation, a permanent disability, or a life-threatening situation.
What should you do after an accident?
The first thing you should do after being in a car accident is check that everyone is okay. If someone has been hurt, you should call for emergency assistance. Use 911 if the injury is severe. Next, you need to get the contact and insurance information of all parties involved. Don’t forget to take photographs of the entire scene, too. Lastly, you should see a medical professional, regardless of your injury’s severity, within the next few hours at the latest.
What is the main cause of these accidents?
One of the main reasons accidents like this happen is due to the nature of the situation. Most drivers are on duty. They ate working. They could be stressed and overworked. They could be in the midst of meeting a deadline. Either way, the driver is going to be preoccupied with his job. Though there are laws put in place to prevent this type of issue, it still does happen. The truck could have a malfunction of sorts. Sometimes vehicles with improper maintenance are sent out on the road. Some companies figure as long as it passes inspection, it's okay. It's not easy to say this, but the driver could also be intoxicated. When drivers are out on the open road, their bosses are trusting them to do the job. They are not looking over their shoulder. Some drivers, depending on their personality, do take advantage of this. This negligence is what causes devastating consequences for everyone involved.
Where are the most common accidents in Florida?
Vehicle accidents are everywhere. The larger vehicles, vehicles like trucks and semi-trucks, are the ones which can cause the most damage. When an accident does occur, a lot of innocent people are hurt, even hospitalized. More seriously, these people are left to clean up the wreck themselves. Sometimes the vehicles will just carry on, not even aware of the damage they have caused. This happens a lot with the trucks and the semi-trucks. This is why victims of accidents need to hire a lawyer right away. They need someone on their side. It's not good to leave this type of thing to chance.
Can I still file a personal injury claim after a hit-and-run accident?
Hit and runs are almost always difficult and frustrating for drivers to navigate. While the police are tracking down the driver who hit you using camera footage, witness accounts, etc. you can file a personal claim against your own PIP policy. Later on, after the perpetrator has been identified, the fact that her or she fled with scene with no regard for human life can be used to solidify your case.
What if the other driver has an insurance policy, but it is not sufficient to cover my costs?
You may still have a chance at recovering the funds that you need by winning a judgment against the other driver in a court of law. This may be achieved via a property lien or a wage garnishment, depending on the judge’s decree. However, all other avenues- including your own personal injury protection insurance, the other driver’s liability insurance, and your own uninsured motorist policy- should be exhausted first.
What is uninsured motorist coverage, anyway? I don’t think I have any.
This type of coverage ensures that you won’t be left uncompensated in the event that an uninsured motorist harms you or a loved one. Florida law requires that drivers be offered uninsured motorist coverage with the purchase of their liability insurance policies. Unless you specifically stated you did not want uninsured motorist coverage, chances are that you have it.
An uninsured motorist caused my accident. What can I do?
According to the Insurance Research Council, Florida has one of the highest instances of drivers without insurance in the country. Only about ¾ of motorists in the state have insurance, but filing a claim against your own uninsured motorist coverage is a viable way to recover the compensation you need.
I’ve never heard of personal injury protection. What is it?
Personal injury protection insurance – also known as PIP – is a special type of coverage that many states in the U.S. require drivers to purchase. Some also call it ‘no-fault’ insurance. It is quite useful to have, as it pays no matter whose fault an accident is. It does have one very serious con, though. Personal injury protection is usually very limited. Many drivers’ policies are only for $10,000 for bodily injury. This is helpful, but won’t always fully satisfy a personal injury claim.
I’ve never heard of personal injury protection. What is it?
Personal injury protection insurance – also known as PIP – is a special type of coverage that many states in the U.S. require drivers to purchase. Some also call it ‘no-fault’ insurance. It is quite useful to have, as it pays no matter whose fault an accident is. It does have one very serious con, though. Personal injury protection is usually very limited. Many drivers’ policies are only for $10,000 for bodily injury. This is helpful, but won’t always fully satisfy a personal injury claim.
In Florida, is it illegal to text and drive?
According to Florida State Law, texting and driving is illegal. However, the law that addresses the matter is of secondary enforcement, which means that a driver must be pulled over and ticketed for a primary enforcement violation in order to be ticketed for texting. Unfortunately, this loophole encourages many drivers to take the risk- not only of getting a ticket, but also of taking another life. If the individual that is to blame for your accident was texting when or directly before it happened, their behavior may serve as evidence of negligence as we handle your personal injury claim.
Will a personal injury claim be worth filing?
Ninety percent of all car accidents are the fault of one of the drivers involved, rather than an outside source, according to the International Organization for Road Accident Prevention. This makes filing a personal injury claim quite reasonable, as there is a chance that the other driver engaged in negligent, reckless, or careless behavior that led to your injuries.
What is comparative negligence?
Comparative negligence compares the negligence or determines the responsibility of everyone involved in an accident. When a jury hears the case, the jury members decide what percentage of the total fault goes to each person involved. The amount of compensation awarded to a person will be reduced by his or her share, or percentage, of the total fault.
What information should I obtain after an auto accident?
First you should seek immediate medical attention if you are seriously injured in an automobile accident. After everyone is out of danger and police help has been requested, obtain the following information: Contact information (name, address, phone) for anyone who was there, including other drivers, passengers, witnesses, and the tow company if your car was towed Police report information Information about all vehicles involved: Year, make, and model License plate number Insurance carrier Insurance policy number
If I have health insurance coverage, do I also need auto insurance coverage?
By law, you must carry a minimum of $10,000 in personal injury protection (PIP) coverage and $10,000 in property damage liability coverage.
What is the difference between uninsured motorist coverage and underinsured motorist coverage?
Uninsured motorist coverage is coverage on your policy that pays you for your injuries when someone who has no coverage injures you. Underinsured motorist coverage pays you for your injuries when the at-fault driver has insurance coverage, but the liability limit is not high enough to fully compensate you for all you have suffered
What type of automobile insurance coverage is required for a person causing a crash?
The Florida Financial Responsibility Law requires that any person at fault in a crash resulting in bodily injury and property damage to others must have full liability insurance coverage in effect at the time of the crash. This coverage includes minimum limits of bodily injury liability of $10,000 per person, $20,000 per crash, $10,000 property damage liability per crash, and personal injury protection (PIP) limits of $10,000 per person per crash.
What Do You Need From Me?
The Florida Financial Responsibility Law requires that any person at fault in a crash resulting in bodily injury and property damage to others must have full liability insurance coverage in effect at the time of the crash. This coverage includes minimum limits of bodily injury liability of $10,000 per person, $20,000 per crash, $10,000 property damage liability per crash, and personal injury protection (PIP) limits of $10,000 per person per crash.Communication between attorney and client is key. It is important to show that you are willing to corporate and assist where needed to ensure you receive the best results possible. You will most likely be required to submit documentation and other materials to to assist the case as it moves through the court system.
Is There A Time Limit On Legal Action?
In the state of Florida, the statute of limitations for personal injury lawsuit is two years but it is advised that you seek legal counsel as soon as possible as the court process can take months and even years before there is a resolution.
How Much Compensation Can I Expect?
The figure a filer should expect to receive varies from case to case. The goal of any personal injury claim is for the party that is not at fault to receive compensation that is fair when all of the losses suffered are considered. These loses could include medical expenses-both present and future, wages, pain, suffering, and emotional distress. To find out what your accident claim could be worth, please call Zimmerman & Frachtman, P.A. for a free consultation today.
Will I Receive Compensation for My Injuries?
When you are involved in an auto accident that was not your fault, you may believe that you are entitled to compensation. However, it can be difficult to know for sure, and it can be even more difficult to know when the other party involved is denying that they caused the accident. Our Florida auto accident lawyers will review all aspects of your specific case to determine whether the other party involved is responsible for any damages or losses.