If I have been injured in an automobile accident, what steps should I take?
It is very stressful to be injured in an automobile accident, but it is important to obtain medical care and inform the police immediately. You should also make note of how the injury occurred, including writing down the names, addresses, and phone numbers of potential witnesses, investigating police officers, and insurance company representatives. You should also take steps to protect any evidence that might prove your injuries, including taking pictures of your damages (both personal injuries and damage to the vehicles).
If I have been in a car accident, what should I do?
First, it is important to obtain medical attention for anyone who has been injured. When met with an accident it is also important to know who is at fault. If the defendant’s negligence caused the accident, he must pay for the damage caused by his or her negligence. If the circumstances surrounding your accident make it clear that defendant was clearly at fault, call an experienced attorney to discuss your accident. However, if liability is not entirely clear and there is joint fault, then fault is distributed between the persons determined by the laws of Florida on comparative or contributory negligence. When liability is shared in an auto accident, it is the insurer’s job to determine the relative percentages of fault of the parties involved.
What types of coverage are in typical Florida auto insurance policies?
All automobile owners in Florida before they can legally drive their cars on roads are required to buy a minimum amount of bodily injury and property damage liability insurance. Florida has financial responsibility laws, which means that someone involved in an automobile accident will be required to furnish proof of insurance. The mandatory requirements for Florida include minimum amounts of the following types of coverage -- bodily injury liability (BIL) coverage of $125,000 per person, $250,000 per occurrence; physical damage liability (PDL) coverage of $50,000; and personal injury protection (PIP) insurance coverage of $10,000.
What does personal injury protection (PIP) cover? When is personal injury protection (PIP) coverage required in Florida?
PIP covers an insured's medical expenses, lost wages, and the cost of replacement services for activities that the insured cannot perform during his or her recovery. It is often called no-fault coverage, as you will recover from your own insurance company no matter who was at fault. PIP coverage pays hospitals, doctors, trauma centers, and other medical providers directly (also called "dollar one" coverage, meaning that the insured does not have to pay a deductible) for the treatment of injuries arising from automobile accidents
Under Florida law, every owner of an automobile (other than a motor vehicle used as a taxicab, school bus, or limousine) that is required to be registered and licensed in Florida must maintain "security." If you are a nonresident owner or registrant of a motor vehicle that has been physically present in Florida for more than 90 days during the preceding 365 days, you must maintain the required security. That coverage must be in effect continuously while the motor vehicle is in Florida.
Can I recover attorney fees in Florida?
A prevailing PIP claimant may recover attorneys' fees. The insured may recover attorneys' fees for presuit work necessitated by an insurer's unreasonable conduct on a claim for PIP benefits. When settling a PIP case, the attorney should remember that an insured cannot release future PIP benefits because it would be contrary to the public policy behind Florida's no-fault insurance law.
What are damages? What damages can I seek in Florida?
Damages are a certain amount of money offered to compensate a person who is injured by another’s wrongdoing or negligence. Florida is no-fault insurance state; therefore, there is no fault component to damages. When involved in an automobile accident, the driver generally requests damages from his or her own insurer unless there are serious personal injuries involved.
There are two types of damages available; they are economic and non-economic. Economic damages include medical expenses, future & past lost income, lost support and services, any other economic loss that would not have occurred but for the injury. Non-economic damages may include pain and suffering, mental anguish, and inconvenience.