Florida Car Accidents and Your Rights
You may be familiar with the process of filing a claim for vehicle damage after a small fender bender. But what if you were injured resulting in mounting medical bills and lost wages? It is vital that you seek the guidance of an experienced Tallahassee personal injury attorney to protect your rights. Amber Hall is just that person.
Immediately Following a Road Accident
Contact the police to file a report after an accident. Depending on the severity of the accident, you may be required to report the traffic crash.
Complete thorough photo documentation of the accident. This includes taking pictures of your vehicle and other vehicles involved in the accident. While at the scene, take photos of any visible personal injuries as well. Additionally, obtain names and phone numbers of witnesses. Do NOT post photos or details of the accident on social media.
Seek medical attention following the accident. Doctors can begin the necessary treatment and provide documentation that may later be requested by your insurance provider. Continue to monitor and document symptoms.
Benefits of Hiring an Attorney
Specific Florida laws and regulations can complicate the process of seeking insurance benefits following a car crash. This is especially true in cases of server injuries or death. Insurance companies have a team of attorneys and you need one on your side as well. In the case where the victim does not have legal status in the country, your best bet is to seek the counsel of an experienced immigration attorney.
AMBER HALL LAW can assist with your insurance claim by obtaining accident reports, investigating the scene, consulting of expert witnesses, and even speaking directly with your insurance company on your behalf. Furthermore, an attorney can help you fight any initially denied claims.
Unlike neighboring states, being more than 50% at fault for a car wreck does not mean your insurance covers the entire incident.
Florida law requires that every motorist carry a minimum of $10,000 Personal Injury Protection (PIP) coverage. PIP is designed to cover medical bills and lost wages for the driver as a result of a vehicular accident. In the case of an injury accident, each driver submits claims to their own insurance provider. PIP benefits must be exhausted before the other party can seek additional compensation.
Typically, PIP coverage only pays 80% of medical bills and 60% of lost wages. Additionally, your insurance deductible will be withheld from the benefits paid to you.
Exceptions to the “no-fault” law include if a person suffers permanent injury, as defined in Florida statute (627.737(2)) or is injury exceeds the $10,000 PIP coverage.
Florida Statute of Limitations
Car accident injury: Victims of a road traffic accident (RTA), including passengers or pedestrians have four years from the date of the accident to file a lawsuit.
Wrongful death lawsuit: Claims for wrongful death must be submitted within two years of the date of death caused by a vehicular accident.
Uninsured Motorist (UM) Coverage
Under F.S. 95.11(2)(b) Florida victims have five years to file a claim for UM. It is worth noting, that the statute of limitations for UM benefits is based on the state where the claim was issued, not the state of the accident. For example, if your car insurance is based on your primary residence of Minnesota, but you winter in Florida, the UM coverage and benefits are based on Minnesota law.
NOTE: The time to file a property damage claim with an insurance company differs from the statute of limitations to bring a lawsuit
Contact an Auto-Injury Attorney
If you in the Tallahassee area and have been injured in a personal injury collision (PIC), you should contact a personal injury attorney as soon as possible. Contact AMBER HALL LAW today for a free consultation.