Personal Injury FAQ

Frequently Asked Questions

First, you should never leave the scene of a motor vehicle accident or you could face possible criminal charges. Your first step should be to call an ambulance if you or someone is injured. Next, make sure your vehicle is not creating a hazard to other motorists on the road. Immediately call the police and file an accident report. Collect the names, addresses, phone numbers of any witnesses and all those included in the accident. It is also suggested you take photographs of the other driver’s license plate, any skid marks, vehicle damage, road obstructions and injuries.

Yes, but never admit liability–this is a legal matter that will be investigated later. Whether you are the victim or the cause of an automobile accident, limit yourself to discussing the facts. You should avoid taking blame for the accident or making accusations.

Yes. Most insurance companies require their policyholders to report every auto accident immediately so they can gather necessary information. Failure to do so could result in loss of coverage for the accident, but you should only provide the facts of the accident and avoid making statements about who was to blame. You should consult a personal injury attorney before providing any other information to the insurance company.

No. You are not obligated to speak to them. If you provide the wrong information, it can make liability unclear and cause your case to be troubling to pursue.

No. You are only obligated to report the accident to your own insurance company. This does not require you to give a recorded statement to the other driver’s insurance company. You should not give a recorded statement until you have consulted with a knowledgeable personal injury lawyer. Insurance companies’ claims adjusters are professional negotiators with extensive experience and are well trained to ask questions in a manner designed to hurt your claim.

A personal injury attorney can assist in determining whether you have the grounds for a solid personal injury case. Your lawyer will have to prove that you were injured as well as the defendant was negligent and caused your injuries.

As soon as possible, especially if there were severe personal injuries or death included. Valuable evidence sometimes disappears, witnesses move, memories fade and the ability to prove your case could diminish. Our attorneys can also provide you proper guidance concerning medical treatment by a physician and advise you on how to deal with unpaid bills, insurance policy terms and questions about settlement values. Insurance adjusters are trained to save money for the insurance companies and if they can do that by making liability questionable or establishing that your medical claims are unfounded or unrelated, they may avoid having to pay for the full extent of your injuries.

Liability is the easiest thing for insurance companies to dispute to avoid paying on a claim altogether. It is, therefore, not uncommon for the insurance company to dispute liability even if their driver is liable. In most cases, a police report is comprehensive enough to prove liability, but if liability isn’t clear from the police report, you will probably find that the insurance company will not offer you the full value for your case until you get a knowledgeable personal injury attorney to assist you in handling your claim. It then becomes our job to prove liability and that the other driver was to blame in causing the collision.

The negligent party and their insurance company will be responsible for your losses and injuries that resulted from the accident. This includes medical, rehabilitation expenses and other treatment related expenses. If the driver at fault does not have adequate insurance, our attorneys can seek other methods of compensation.

Yes. You shouldn’t have to use your sick time, vacation time and/or benefits. If the other driver is to blame, you should be able to get lost wages reimbursed for any time you missed due to doctor’s appointments or medical restrictions. You may also be entitled to future lost wages and loss of wage-earning capacity if you are unable to return to your job. Make sure to get documentation from your employer in the form of timesheet reports, pay stubs or other company documentation indicating that you have lost wages because of the wreck.

Depending on the type of motor vehicle insurance you carry, you may simply be able to call your own insurance company about repairing your car. If you have the right coverage, your insurance company will pay for the repairs to your vehicle. If the at-fault party admits liability, you may then seek reimbursement from the at-fault driver’s insurance company.

The at-fault driver’s insurance company should provide you with a rental car to drive while the repairs to your motor vehicle are being made. This can be a big hassle if insurance company is disputing liability or if they require time to authorize a rental. If you have rental car coverage on your own insurance company, you should call your insurance company about getting them to provide you with a rental car and let them directly seek reimbursement from the liable insurance provider.

According to PIP laws in Florida, you have 14 days to seek medical assistance.

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