If you have recently been involved in an auto accident in Florida, filing a claim could be necessary for your physical, emotional, and financial health. The out-of-pocket costs of a severe auto accident can add up quickly, and if you were injured in the accident, you need to make sure you get the treatment you need so that any long-term consequences are no greater than necessary. This Comprehensive Guide to Auto Accident Claims in Florida explains everything you need to know.
While filing a claim after an auto accident in Florida is essential, it is not easy. Securing the total compensation you deserve can be extremely difficult—especially when you need to seek compensation for accident-related injuries. As a result, while this Comprehensive Guide to Auto Accident Claims in Florida walks you through the basics of what to do (and what not to do) after a collision, the most crucial step is to speak with a lawyer as soon as possible.
The Most Important Steps to Take After an Auto Accident
Along with talking to a lawyer, you should take some other important steps after an auto accident in Florida. Prioritizing these steps will help protect you and maximize your chances of making a full recovery:
1. Preserve As Much Evidence As Possible
The more evidence you can preserve after your auto accident, the easier it will be to determine what happened and what claim (or claims) you can file. While your lawyer can conduct a thorough investigation, the evidence you preserve in the accident’s immediate aftermath could prove to be critical.
What evidence should you try to collect? Photos and videos can be precious, so you should take as many as possible. If you have anything else from the accident scene, you should also keep this. Remember, while the insurance companies will also conduct an investigation, they will do so with their best interests in mind. So, you do not want to rely exclusively on the insurance companies to assess the cause of your accident.
2. See a Doctor
You should see a doctor promptly if you have not done so already. Auto accidents can cause many types of serious injuries—and many types of internal injuries do not have immediate or obvious symptoms.
If you need medical treatment as a result of your accident, getting the treatment you need will be vital for your health and your claim. If you wait to seek treatment, not only could this inhibit your recovery, but it could also give the insurance companies a chance to dispute whether your medical expenses are accident-related.
3. Report the Accident to Law Enforcement
Reporting your auto accident to law enforcement also serves two significant purposes. First, any time you are involved in an auto accident that results in injuries or at least $500 in property damage, you must report the accident under Florida law. You could face penalties if you fail to report your auto accident timely.
Second, reporting your auto accident to law enforcement creates an official collision record. You could face additional struggles when dealing with insurance companies without an official record.
4. Report the Accident to Your Insurance Company
While not required by law, reporting the accident to your insurance company is almost certainly required under your policy. If you fail to report the accident to your insurer in a timely manner, this could lead to additional struggles. If your insurance company finds out about the accident (i.e., from the other driver’s insurer), it could also lead to loss of coverage.
Examples of What Not to Do After an Auto Accident
All of the steps we’ve just discussed are extremely important. But, it is equally vital to avoid making mistakes that could jeopardize your claim after an auto accident. For example, here are four examples of what not to do after a collision:
1. Do Not Post About the Accident on Social Media
You should not post about your accident on social media if you have an auto accident claim. The insurance companies might look for your social media posts, and if they can use any of your posts against you, they will not hesitate to do so.
2. Do Not Let the Insurance Companies Take Control of the Process
You need to take control of the process when seeking financial compensation for an auto accident. If you let the insurance companies take control, they will resolve your claim for as little as possible.
3. Do Not Ignore Any of Your Symptoms or Costs
As you recover, you should pay attention to all your symptoms and keep track of your costs. If you start overlooking symptoms or expenses, they will add up, and you could seek far less than you deserve.
4. Do Not Rely on Misinformation or Bad Advice
When you have an auto accident claim, you must ensure you are not relying on misinformation or bad advice. Even if they are well-meaning, if your friends and family don’t know the law, they might not be the best source of information about protecting your legal rights.
Florida’s Auto Accident Laws: The Basics
When you have an auto accident claim in Florida, your claim is governed by Florida law. Not only does Florida law govern your legal rights, but it also regulates things like how insurance companies handle accident claims. With this in mind, three of the most critical aspects of the law are:
- Negligence – Most auto accident cases involve claims based on negligence. Speeding, running red lights and stop signs, driving while distracted, and driving under the influence are all common examples of negligence. If you have an auto insurance claim outside of PIP (as discussed below), you will need evidence of negligence to secure the compensation you deserve.
- Comparative Negligence – Florida’s comparative negligence law also plays a role in many auto accident cases. If the insurance companies accuse you of being partially at fault in your accident, they can use this to try to limit the value of your claim—if not to avoid paying you entirely.
- Insurance Bad Faith – Florida law requires companies to handle all auto accident claims in good faith. If an insurance company delays or denies compensation of your claim in bad faith, this may entitle you to additional damages.
Of course, although the insurance companies are supposed to follow the law, they often do not. While understanding your legal rights as an auto accident victim in Florida can be challenging, protecting your legal rights can be even more difficult. This is one reason, among many others, why having an experienced Florida auto accident lawyer on your side is essential.
Understanding Your Auto Insurance Claim
Auto insurance covers all types of collisions—and if you have insurance coverage, now is the time to use it. With that said, even understanding which type (or types) of claim (or claims) to file can be tricky. This is due, in part, to Florida’s “no-fault” auto insurance law.
- Personal Injury Protection (PIP) – PIP insurance is mandatory under Florida’s “no-fault” auto insurance law. This is “no-fault” coverage, which means you can file a claim regardless of whether you can prove who was responsible for the crash. However, while other types of auto insurance cover all types of accident-related losses, PIP only covers a portion of your medical bills and lost earnings.
- Bodily Injury Liability (BIL) Coverage – If the other driver was at fault in your accident and has BIL coverage, you should be able to file a claim under his or her BIL policy. This will involve dealing with the other driver’s insurance company, and you will need to be able to prove not only that the other driver was at fault but also how much you are entitled to recover.
- Uninsured/Underinsured Motorist (UIM) Coverage – If the other driver doesn’t have BIL coverage (or his or her coverage isn’t enough), then you can file a UIM claim if this coverage is available. Filing a UIM claim is similar to filling a BIL claim, except you will be dealing with your own insurance company.
In most cases, seeking financial compensation for an auto accident in Florida involves filing one (or more) of these auto insurance claims. However, these are not necessarily your only options. Suppose the driver who hit you was working. In that case, if your injuries result from a vehicle or road defect, or if any of several other issues were involved in your collision, you may also have a claim outside of auto insurance.
If you have a claim outside of auto insurance, seeking just compensation for your injuries will be very different. An experienced Florida auto accident lawyer will be able to explain everything you need to know and seek just compensation on your behalf.
Documenting the Losses You Are Entitled to Recover
So far, we’ve discussed gathering the evidence needed to prove who was at fault in the auto accident. We’ve also mentioned how you should not rely on the insurance companies’ determination of liability. But, there is another key aspect of your claim that you need to address as well: The amount you are entitled to recover.
Just as you cannot trust the insurance companies to make an unbiased determination of liability, you also cannot trust the insurance companies to calculate the value of your claim. Instead, it would be best to control determining how much you deserve. Calculating the long-term costs of a severe auto accident requires several forms of evidence, including (but not limited to):
- Medical records
- Medical expert reports and testimony
- Employment records
- Account statements and receipts
- Proof of your pain and suffering
Suppose you have a claim outside of PIP (whether an auto insurance claim or another type of claim); you will need all of these forms of evidence to document your present and future losses. If you don’t have all of the evidence you need, you won’t be able to seek the full compensation you deserve.
When Should You Contact a Lawyer?
So, with all this in mind, when should you contact a lawyer? We recommend contacting a lawyer immediately if you were injured in your auto accident. Since your initial consultation is free, you have no reason not to seek legal advice. Suppose you have a claim (or claims). In that case, an experienced lawyer can help in many ways—from proving liability to seeking the maximum compensation based on your personal losses.
Contact Us for a Free, No-Obligation Consultation with a Florida Auto Accident Lawyer
We invite you to contact us if you would like to discuss your legal rights with a Florida auto accident lawyer. Please call 305-445-0011 or contact us online to request a free, no-obligation consultation.