FAQTEXT-PI-Auto

What should I do if I am involved in an automobile accident?

After an accident you need to keep 2 things in mind. First, take actions that will prevent further injuries or damages from occurring. Anyone who is injured should get medical treatment as soon as possible, as injuries may worsen if treatment is delayed. If possible move your vehicle out of the roadway to avoid being hit by another car. Second, you need to take actions that will preserve evidence of the accident and any resulting injuries or damages.

The very first thing to do after an accident is to stop your car. The situation can only be made worse by leaving the scene. You may be subject to criminal prosecution for leaving the scene of an accident, so if you are tempted to leave the scene, don't.

Do pull over to a safe spot, out of traffic, if possible. If not, use cones or flares to direct traffic away from the stopped vehicles. Go ahead and place these items in your car now so you'll have them if you ever need them.

Call for an ambulance, if necessary to treat any injuries incurred by anyone involved. You should avoid moving anyone who is injured if you are not trained in how to do so properly. This is because some injuries may be worsened if the person is moved improperly.

You should also call the police so that they can investigate the accident and file a report. Information in the police report may be valuable evidence later on. You need not rely solely on the police report for an investigation of the accident, though. You should record as much as possible about the accident on your own as well.

Take pictures of the accident scene. If you have a camera available to you, you should take the pictures immediately. If not, come back to the scene as soon as possible with a camera to take pictures before skid marks or other evidence disappears. For example, suppose a tree limb completely obstructed one driver's view. If you wait a week, or even a day, to take pictures, the limb may be trimmed back by the time you take the pictures.

You should also take pictures of the damage to vehicles or any structures with which the vehicles collided. Take plenty of pictures and take them from multiple angles. You don't know now which pictures may be most helpful to you if you are sued, or if you sue the other driver. Take pictures of injuries as well, so that you will have visual proof of the extent of bruising, etc. You may wish to continue to photograph injuries over time to show the length of the recovery.

Make sure you get the names and addresses of everyone involved in the accident, as well as the names and addresses of any witnesses. It may be impossible to locate witnesses if you do not get their names and addresses at the time of the accident.

Get the advice of an attorney as soon as possible after the accident. The attorney can evaluate the evidence that you have gathered and determine what else may be needed. Don't wait too long to contact an attorney, or you may no longer be able to locate valuable evidence.

What should I do if I am injured?

If injured as a result of the accident, you must be aware of certain laws that will affect you and your claim. Florida is a no-fault state. Does this mean “fault” is not important? NO. What this means is, regardless of who is at fault for causing an automobile accident, each party's insurance company pays for what is covered under the PIP portion of their policy, including medical bills, wage loss, etc. and if injured, you will only be able to make a claim for certain intangible items of damage if you meet a certain “threshold” defined by the Florida No-Fault Statute. You can always claim any out-of-pocket expenses not covered by your insurance from the at-fault party both past and future. The “threshold” only applies to certain “intangible” damages, such as pain and suffering. This threshold can be met by one of several categories of injuries, i.e. permanent injuries, significant scarring, death, or loss of an important bodily function. Keep in mind that some seemingly minor injuries may be considered “permanent” to some degree such as many cases of severe “whiplash” or ligament damage. It is important to contact an attorney so that you may be made aware of all of the entitlements that you may claim from your auto accident. These entitlements include a claim for property damage, depreciation to your auto, medical expenses, out-of-pocket expenses, lost time from work, and in many cases, damages for pain, suffering, and inconvenience.

What are the different types of automobile insurance coverage available in Florida, and what should I have in terms of coverage?

Since Florida is a "no-fault" state, your automobile insurance will include coverage for personal injury protection (PIP) and property damage (PD), and that’s it. This is all that is required in most cases to operate an automobile in Florida. Other important coverage items such as medical pay coverage (MEDPAY), uninsured/underinsured Motorist coverage, and bodily injury (BI) insurance are not required, but may become very important depending on the circumstances of the case.

Personal injury protection insurance pays a percentage of your medical bills if you are hurt in an accident, typically 80% with extended coverage available from many insurance companies. Your property damage coverage will pay for damage to the other person’s vehicle if you caused the accident. Collision coverage will pay for the damage to your vehicle, regardless of whom is at fault and usually has a deductible associated with it, which is paid by you (i.e., you may have a $100, $250 or $500 deductible, and your insurance company pays the remainder of the amount for damage to your automobile). Some people elect to have med pay coverage, which affords them additional medical coverage for their medical bills if they are injured in an accident. You can also claim lost wages through your PIP coverage if you miss time from work due to an injury from the auto accident, typically paying 60% of your gross average weekly wage. Finally, bodily injury coverage is that protection you purchase in the event that you injure someone else in an auto accident.

What coverage’s should you have?

That depends on your circumstances. I have written a pamphlet on this subject that defines the coverage’s available which is free by contacting my office in person, by phone, or by email.

What is UM coverage?

UM/UIM, which stands for "underinsured/uninsured" motorist coverage. This is insurance coverage that you purchase from your automobile insurance company to protect you in the event that you are hurt at the hands of an uninsured or under insured driver. Here's how it works: Let's say that you were involved in a car accident, and the person who caused the accident has no insurance. If you sustain injuries from the accident, your company will pay for some of your medical expenses and wage loss under your personal injury protection coverage. However, if you have damages above and beyond what your PIP has paid and you are legally entitled to recover further damages from the uninsured/underinsured party, your own company would pay you from your uninsured motorist coverage under your own policy of insurance.

Uninsured motorist coverage is very inexpensive, and is a highly recommended coverage to protect you and your family members in the event that anyone in your household is injured at the hands of an uninsured driver. The law on uninsured motorist coverage is somewhat difficult, and it is highly recommended that you consult an attorney to apprise you of your UM benefits if involved in an accident caused by an uninsured or underinsured driver.

People frequently think that, if they make a claim on their own uninsured motorist coverage that their rates or insurance premiums will go up - such may not be the case. UM coverage is a good investment, costs very little in terms of premium price, and affords you protection in the long run.

What happens if I am involved in an accident and my car is damaged beyond repair or the repairs to my vehicle takes several weeks, and I am without transportation?

The at-fault party’s PD (Property Damage) coverage will cover you for reasonable rental charges. If the at-fault driver is uninsured, then your own rental car insurance coverage will reimburse you some or all of your rental charges (the amount they will reimburse depends on the coverage purchased). What rental car insurance provides you with are expenses for daily rental of an automobile during the time that your car is being repaired, or during the time following the accident when you are looking for a replacement vehicle. Rental car coverage is very inexpensive, but provides you a good measure of protection in the event that you find yourself without transportation after being involved in a car accident.

What does the Florida law say about wearing seat belts?

Florida law requires that a driver of an automobile and all occupants in an automobile wear seat belts and shoulder harnesses, if available, while traveling in the vehicle. The driver of the automobile is responsible to insure that all occupants of his motor vehicle are wearing seat belts and shoulder harnesses. If a law enforcement officer stops you, and occupants of your vehicle are not wearing their seat belts, the driver may receive a written citation (a ticket) and fine for violating this law in many circumstances.

More importantly, if you are involved in a car accident, and are not wearing your seat belt, the court (and maybe a jury) may include this fact as comparative negligence on your part, and as such, you’re net award may be reduced. Although seat belts cannot prevent accidents, seat belts do minimize the severity of injuries that occupants receive when involved in a collision. Wear your seat belt, it may save your life and it’s the law.

Do I need a lawyer if I am involved in a car accident?

Yes. A lawyer can advice you about your rights, responsibilities and entitlements when you are injured in an automobile accident. If you are not represented by a lawyer, insurance companies frequently take advantage of an injured person's lack of knowledge of automobile liability law in getting injured victims to sign releases of claims for personal injury and property damage. A lawyer can help you resolve your property damage and personal injury claim, and can also investigate whether you have an uninsured motorist claim for injuries you sustain in a car accident.

Most importantly, a lawyer who is trained and experienced in personal injury law will be in the best position to help you with regard to obtaining a favorable result for your claim and can best answer your questions about lost wages, damages for your injuries and filing a formal claim on your behalf.

What will it cost me?

At the PANTAS LAW FIRM it costs you nothing, unless there is a recovery. The firm takes all “Injury” cases on a “contingency fee and cost” basis. After a recovery, we will deduct a percentage for attorney’s fees and thereafter a deduction for costs. If there is no recovery, we work for free and we lose our costs that have been advanced.

Ok, I’ve decided to hire a lawyer, what kind of lawyer do I need?

You need a lawyer that will aggressively and zealously represent your interests without any conflicts of interest. In other words, get a pit bull trial lawyer that won’t stop until the job is done and that is loyal to you and no one else! At my firm, our philosophy is exactly than-- Aggressive, Zealous, and Passionate representation of each and every client for each and every case on each and every day --without exception!