Auto Accidents FAQs

What should I do if I am in an accident?

There are several steps you can take to increase your chances of recovery, and increase your potential overall recovery in your auto accident case. Such steps should include:

Insist that a report be filed with the Police, Sheriff or Highway Patrol.
Document as much as you can about the accident or injury itself.
Talk to no one about the accident or injuries other than your doctor or lawyer, especially not an insurance adjuster.
Photograph the accident scene, including all vehicles involved (before repairing) and any visible injuries.
Take the names of anyone who witnessed the accident and who might be able to help you prove your case.
Seek medical attention and tell your physician or surgeon exactly how the injury occurred and describe all symptoms and complaints. Be sure to report memory problems, confusion, or disorientation, however minor these things may seem at the time.

I have full insurance coverage, why am I not covered?

Full coverage can mean a variety of things, but often insurance agents use this term for Personal Injury Protection (or No Fault Insurance) and Property Damage, which is all that Florida law requires for vehicle owners. The Personal Injury Protection coverage applies whether the consumer is at fault or not to pay for medical bills. Property damage covers damage to property but not your own vehicle. You need collision coverage for that. Bodily injury insurance covers injury to others. Typically, the question of “full coverage” comes up when our client has been injured by someone who has no bodily injury insurance and, according to his or her agent, they had “full coverage.” Underinsured or uninsured motorist coverage allows you to collect from your own company in the event that you are injured through the negligence of somebody who has little coverage or no bodily injury coverage.

How do my medical bills get paid?

If I lose wages or salary, how do I get reimbursed? Those medical bills and wages not reimbursed by your Personal Injury Protection (PIP) will be a part of the fund collected from the at fault party.

How long will it take to bring my case to conclusion?

The complexity of the case will determine the time frame of the outcome. We resolve our clients cases based on an understanding of their current and future medical conditions. Typically, the average auto case or any other type of general negligence case is resolved within 8 to 12 months after our firm is engaged.

Should I release my medical records to the insurance adjuster?

No, not until you consult with a qualified Personal Injury Trial Lawyer. Releases should only be signed only under limited circumstances. If your medical information gets into the insurance adjuster’s hands, it may hurt your case.

What are the typical issues that I will face in making a claim for my injuries?

A claim made against another driver or vehicle owner is called a tort claim. It is usually based upon the concept of carelessness or negligence, although it can also be based upon an intentional or reckless act.

Lawyers know that the three categories of issues that typically arise in a tort claim after an automobile accident are the following:

Liability
Damages
Insurance Coverage
Liability refers to the question of who is at fault and to what degree. These are very important questions or, more commonly, a series of questions. Did the other driver exceed the speed limit? Did you fail to stop at a stop sign? Were the brakes on the truck properly maintained? These are the kinds of questions that must be answered by solid proof. The insurance company defending your claim obviously wants to minimize or eliminate the fault of its driver and to maximize your fault.

Damages refer to the injuries or losses that were caused by the accident. You are only entitled to be compensated for those injuries and losses that were the result of the accident. This is where the detailed records and, if necessary, the testimony of our treating doctors become important. It is also the responsibility of your attorney to document the ways in which you and your family have been impacted, in the past and in the future, by your injuries.

Insurance coverage is frequently not as simple a determination as might be expected. Often there are disputes over which of several coverage’s is first in line. There are also efforts by the insurance company to deny or defeat coverage. And, where uninsured or underinsured motorist coverage (UM) is involved there are multiple issues that must be resolved to assure maximum financial recovery. The entire area of insurance coverage is virtually a minefield that is best not entered without a competent attorney.