Those who have been in accidents know the whirlwind and confusion that goes through their minds. The following are important questions and answers to consider if you have been in an accident.
Q: IF I’M INJURED OR MY VEHICLE SUSTAINS DAMAGE IN AN AUTO ACCIDENT, WHO PAYS?
A: It depends on who is at fault. If the accident is your fault, your liability insurance will compensate the other party for damage to their property and personal injuries within the limits of your policy coverage. If the other driver is to blame, his or her liability insurance will compensate you for damages to your vehicle and personal injuries.
Q: I RECEIVED A TICKET IN MY CAR ACCIDENT. DOES THIS MEAN I HAVE NO CLAIM AGAINST THE OTHER DRIVER FOR MY INJURIES?
A: No. If a jury decides that the automobile accident was partly the other person’s fault, you may still collect damages. Ask an experienced Florida accident attorney about this, and other topics related to “comparative negligence.”
Q: I DID NOT FEEL HURT AT THE SCENE, BUT EXPERIENCED PAIN AFTERWARDS. WHAT SHOULD I DO?
A: You should immediately consult your medical provider regarding any pain, discomfort or possible injuries from the car accident, even if you think they may be only minor injuries. If you were injured in the accident from someone else’s negligence, you may be entitled to payment of your medical bills, compensation for pain and suffering, lost wages, loss of earnings capacity and emotional distress.
Q: I’VE BEEN INJURED IN A CAR ACCIDENT AND I WANT TO MAKE A CLAIM. WHAT SHOULD I EXPECT?
A: Issues encountered by people filing personal injury claims fall into three categories: (1) Liability (who is at fault and the extent to which they are to blame for the accident), (2) Damages (including personal injuries and damage to vehicles and property), and (3) Insurance Coverage (what the insurance companies are willing to pay to compensate the injured parties). Carelessness and negligence are sometimes to blame, and in the worst cases, accidents are caused by recklessness or even intent to harm.
Q: WHO IS GOING TO PAY FOR MY MEDICAL EXPENSES?
A: It’s enough to suffer injuries in an automobile accident. So, it may come as a rude surprise to learn you are primarily responsible for paying your own bills—no matter how your injuries were incurred. The insurance company of the party at-fault may cover some, but not all of your medical bills. And what the insurance company is willing to pay may be far less than what you are actually billed. This is why it is critical for you to contact a personal injury attorney who will fight for your rights – and for the compensation you need to recover and get on with your life.
Q: BECAUSE OF THE ACCIDENT, MY PHYSICIAN HAS DETERMINED THAT MY INJURY IS PERMANENT. HOW CAN I PROTECT MY FUTURE?
A: We are sorry for your personal loss. We know your life has changed. But don’t lose heart. We will fight for the financial compensation you need and deserve now and in the future. You may be entitled to compensation from the person who caused the accident, or his or her insurance company, to cover your current and future medical bills.
Q: I REAR-ENDED ANOTHER VEHICLE. IS THE ACCIDENT AUTOMATICALLY MY FAULT?
A: According to Florida law, you must keep a safe distance between your car and the one in front of you so if the other car stops, you can slow down and stop safely. Typically, you would be at fault. However, there are some exceptions, particularly if the other driver makes a sudden and unexpected stop, or if you are involved in a chain-reaction accident.
Still, Florida recognizes “comparative negligence” laws, which means that the parties involved may be held accountable for their role in the accident. After determining the percentage of fault by each party, the compensation by the insurance company is adjusted accordingly.
Q: I WASN’T WEARING A SEAT BELT AT THE TIME OF THE ACCIDENT. CAN I STILL RECOVER DAMAGES?
A: In Florida, state law is very specific when it comes to seat belts, all front seat occupants must be buckled up, regardless of age. Children ages 6-15 must be belted in either the front or back seat of the vehicle. The driver is responsible for passengers under 16 years who are not buckled up. Passengers 16 years of age or older may be individually fined if they are not wearing seat belts.
If you were not wearing your seat belt, this can have a negative impact on your ability to recover full damages for your injuries. Since people suffer more severe and complicated injuries when they are not wearing a seat belt, potential compensation can sometimes be reduced accordingly. Belt or no belt, it is the “fault” of the negligent party that is the primary determining factor in car accident lawsuits.
Q: IF I WAS HIT BY A COMMERCIAL VEHICLE, IS THE EMPLOYER ALSO RESPONSIBLE?
A: Possibly. There are several ways that a business can be held liable for the actions of its employees. All are known as vicarious liability, where the company is responsible for negligent acts committed during the course and scope of normal activities in service to the company.
The owner of a vehicle can be held responsible for negligently entrusting the vehicle to another driver whose driving causes an automobile accident. Generally, however, a business owner is not responsible for acts committed by independent contractors. In the course of car accident litigation, one party may not have enough insurance or resources to compensate the victim for all injuries/ damage sustained. Talk with an experienced car accident attorney to identify all potential sources of compensation that are available to you.
Q: DO I REALLY NEED A LAWYER IF I WAS INJURED IN A CAR ACCIDENT?
A: The law does not restrict you from handling your own claims. However, you should keep in mind that the insurance companies and the insurance company attorneys are trained professionals. It is their job is to resolve the potential “liability” by paying as little as possible to you. Many valuable rights were lost because the injured person believed what he or she was told by the insurance company. Just remember, the only person truly working in your best interests is the lawyer you hire.
THE TAKEAWAY: Florida insurance laws are confusing. Most consumers cannot be expected to understand insurance law – especially after they have been in an accident. Find resources to help you know more.