Practice Areas : Automobile Accidents
Being involved in an auto accident can be a traumatic event, both physically and emotionally. Knowing what to do will greatly help to reduce the stress of the situation, as well as help to preserve your legal rights.
If you are involved in an accident, first check to see that no one is injured. If someone is injured, find a phone and dial 911 immediately to summon help. Contrary to popular belief, you should not leave your automobile in the roadway. In fact, Florida law requires that you move your vehicle out of the way of traffic if it is driveable. Don’t worry about this, a good police officer can tell who was at fault by checking damage to the vehicles, skid marks, speed limits, and other indicators.
After you’ve moved your vehicles out of the way be sure to ask to see the other driver’s license, proof of insurance and registration. Write this information down. If the other driver has no identification, call the local police. If the damage to any vehicle is more than a few hundred dollars, call the police. Be wary of any driver who doesn’t want to get the police involved and offers to pay for your auto repair out of his or her own pocket.
If you have any injury whatsoever, including neck, shoulder or back pain, or any cuts or bruises or trauma to the face or head, go to the nearest emergency facility at once. If you are pregnant, go to an emergency facility regardless of what your injuries seem to be.
When the police arrive, calmly answer their questions. Do not make any statements as to your opinion of who was at fault. Resist the urge to make disparaging remarks about the other driver.
After you have received medical attention, contact your insurance company whether the accident was your fault or not. Florida is a no-fault state, which means that each person’s insurance covers his or her own medical bills up to ten thousand dollars. Therefore, you must contact your insurance company so they can set up a claim. They cannot raise your rates because you file for medical benefits. These benefits are covered by what is called Personal Injury Protection, better known as PIP.
Unlike medical bills, property damage to the vehicles is paid by the person who caused the accident. If the other party was at fault, his insurance will pay for the damage to your car. Occasionally your company will initially pay for the repairs and then bill the other driver’s insurance. This is done for the sake of expediency and to get your car back on the road quickly. Legally it is known as subrogation.
If your car is damaged but driveable, do not take it to the shop until you either have a check for the repairs or you have the OK from your insurance company. Otherwise you could find yourself paying for a rental car out of your own pocket if the repair takes too long. In general, if the other driver is at fault he must pay for your rental car for a reasonable period while your car is being repaired.
If you are injured in the accident you should seek the advice of an attorney to discuss your rights. Generally speaking, if you receive any permanent injury you have the right to receive compensation for your pain and suffering, lost wages, future medical bills, disfigurement, disability and inconvenience. If you are married your spouse may be compensated for the loss of your services. These are paid by the other driver’s insurance if he was at fault. If he has no insurance - and many Florida drivers do not - these damages are paid by your own company if you have uninsured motorists coverage. Since as many as one third of all Florida drivers have no auto insurance, it is important to ask your agent for uninsured motorists coverage.
Remember, do not panic if you’re involved in a motor vehicle accident. Call 911 if anyone is hurt, ask to see the other driver’s license, proof of insurance and registration, and move your car from the roadway. Seek medical attention if you are injured. Seek legal advice if you have any questions about your rights. Hopefully, this has answered a few of your general questions. We at Staack, Simms & Hernandez thank you for visiting our website. Please phone, write or e-mail if we can be of any further service to you.
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