FAQ Automobile Accidents
What if I've been injured in an automobile accident?
When a motor vehicle is in an accident, it is important that certain action is taken. The name and address of the operator of each vehicle should be obtained. Additionally, the name and address of the owner of each vehicle involved should be obtained and license plate number of all vehicles should be recorded. Lastly, the name of the automobile insurance company for each vehicle should be obtained. If possible, obtain the names, addresses and telephone numbers of any witnesses to the accident.
If there has been any type of injury, the police should be called to investigate the accident. The police officer will write a report which includes the details of the accident and the nature and extent of any damages and injuries. Insurance companies usually will require that a report of the accident be obtained before providing any benefits.
It is most important to immediately contact your own motor vehicle insurance company to report to them any property damage or personal injury. If you or a family member is injured in a motor vehicle accident, prompt medical attention should be obtained.
If you are seriously injured as a result of someone else's negligence, you should not talk to any representative of the negligent driver or owner's insurance company until you have sought the advice of your own attorney.
What if I have been injured by a Drunk Driver?
Often someone is injured or dies in an alcohol-related crash. In a lawsuit arising from a drunk driving accident, in addition to the intoxicated driver being held liable for the injuries he or she caused, a bar or social host may be liable for damages if they served an obviously intoxicated guest, who then drove and caused an accident. However, the fact that the person who served the intoxicated driver alcohol may be held liable does not relieve the intoxicated driver of liability.
What if a car crash results in a Wrongful Death?
Wrongful death lawsuits allege that the death of a loved one occurred as a direct result of negligence or wrongful conduct of another. Wrongful death suits aim to hold the responsible party accountable for the victim's death. The victim's family members or beneficiaries may be entitled to financial compensation as a result of the defendant's negligence. Although monetary compensation can't erase the pain and injustice caused by the death of your loved one, it can help the family cover the costs associated with death and provide for the future.
You can get money for:
- Immediate expenses associated with the death (medical & funeral)
- Loss of victim's anticipated net accumulations until time of retirement or death
- Loss of benefits caused by the victim's death
- Pain and suffering, or mental anguish to the survivors
- Loss of care, protection, companionship to the survivors
How long do I have to file a lawsuit (Statute of Limitations)?
In Florida, a lawsuit claiming injury as a result of an automobile, motorcycle, bicycle, and pedestrian accident must be brought within four years of the date of the accident. The statute of limitations for wrongful death is two years, with time running from the date of death.
How will I pay all my medical bills?
If you have been injured, you will likely have medical bills from physicians, hospitals, physical therapists, and other health care providers. Those bills will be in your name and will usually be sent to your address. You are primarily responsible for paying your bills, regardless of the cause of your injuries. The at-fault person's liability insurance carrier will be responsible for paying you reasonable compensation for damages incurred, which includes medical bills.
What issues will I face in making a claim for my injuries sustained in an auto accident?
A claim for injuries, sustained in an automobile accident, is usually based upon carelessness or negligence. In worse case scenarios, it is based on an intentional or reckless act. The two categories of issues that typically arise in a tort claim after an automobile accident are the following:
- Liability – who is at fault and to what degree
- Damages – injuries or losses that were caused by the accident
Who determines who is responsible for a traffic accident?
Figuring out who is at fault in an accident is a matter of deciding who was careless. For traffic accidents, Florida’s state traffic laws provide guidelines by which liability may be measured. These rules apply not only to automobiles but also to motorcycles, bicycles and pedestrians. In some cases, a driver may be liable for an accident even if he/she was obeying, for example, the posted speed limit, if traveling at the posted speed was unreasonably careless given the weather or traffic conditions at the time.
I was involved in an automobile accident, and my car was totaled. My company is not offering me a fair settlement on my claim. What can I do?
Do your homework. Check the internet (such as Kelley blue book) or NADA for the actual cash value (ACV) of your car, check out the classified advertisements in your local newspapers and check with the car dealerships in your area. Look for the prices of cars similar to yours and submit them to your company, if the prices are higher than the company's offer. Remember their estimate must be based on the local market.
I was involved in a car accident and was not at fault. I have contacted the other party's insurance company, and it refuses to honor my claim because its insured has not given notice of the accident. Doesn't that insurance company have an obligation to pay my claim even if its insured does not report the accident?
The company is obligated to pay what the insured is legally liable for because of an accident. A ticket by itself is not evidence of 100% legal liability, therefore, in many instances the company may not have to pay for damages if their insured does not report the accident and cooperation in the investigation.
I was involved in an automobile accident, and the insurance company has not yet inspected my vehicle or authorized a rental vehicle. Isn't there a time limit on how long an insurance company can take?
At the present time, there is no Florida Statute or Department Rule, which addresses a time limit. However, seven to ten working days should be enough time for an insurance adjuster to inspect a damaged vehicle and authorize a rental car. Rental may not be covered unless it is approved by the insurance company.
The insurance company wants to repair my car with non-factory parts. Can it do this?
Yes. The parts used do not necessarily have to be original equipment manufacturer (OEM) parts, but should be of like kind and quality as the parts being replaced. Florida law requires the parts to be of same fit, quality and performance.
Will I be penalized for choosing my own body shop?
Normally, you have the right to choose the auto repair shop you want. Note: Some policies approved by Department of Insurance require the insured to take the vehicle to a designated repair shop in exchange for a reduced premium. The company cannot be required to pay a higher price for the same necessary repairs. When a company directs a vehicle to be repaired by their facility, the insurance company is responsible for the quality of the repair.
What doctor should I use?
For varied reasons there are only a very small percentage of doctors who will accept responsibility for the treatment of individuals injured in an automobile or motorcycle accident.
Many doctors may not want to get tied up in the litigation process. Other doctors receive a substantial amount of income from insurance companies and they do not want to risk that source of revenue. Some doctors feel that the risks of medical complications, and therefore medical malpractice, are substantially increased when they are dealing with the complexities associated with an accident injury. Some doctors simply do not like working with attorneys, regardless of the underlying injury.
Based upon our substantial experience, the attorneys at Beltz & Ruth have been able to identify those qualified doctors who are willing to accept responsibility for the medical care of the injured despite the probability that it will involve litigation against the insurance industry.
How long does an insurance company have to settle an auto claim?
There is no specific time limit during which the company must come to a settlement agreement with an insured or a third party claimant. However, once the person and the company have agreed in writing upon an amount, the company must pay within 20 days or pay interest as provided by Florida Statute 627.4265.
Should I try to settle with the other person’s insurance company?
Insurance companies prefer to settle the case without an attorney because they pay you far less. Individuals alone do not know how much they are entitled to or all the damages recoverable. Legal answers at FreeAdvice.com's accident law sectionIf you, a family member, or one of your passengers, has suffered any automobile personal injury, or even if there is a possibility that someone will claim an injury, it is generally NOT wise to deal with the other side's insurance company. In such cases you certainly should not settle your claim without speaking to a lawyer who practices accident or personal injury law.
Here are some questions you should ask yourself:
Do you know the full extent of your injuries, or might there be some late developing symptoms? Do you know how long the effects of the injury may last? Do you know how difficult the recovery process might be? Do you know what therapy may be needed, or what it will cost? Are you sure you understand what the long term impact of your accident or injury might be on your ability to earn a living, enjoy recreational activities, play sports, do household chores, and so forth? Do you understand what is customarily awarded for the "pain and suffering" you went through, and the loss of companionship and the extra care your family members provided? Do you know how much income you might lose, regardless of any disability insurance you have, not just in terms of the time you are out of work, but afterwards? Do you know how much of what the other side's insurance company might pay you will have to be paid over by you to your own auto or health insurance company, or union or employer health plan, to reimburse them for the expenses they paid on your behalf? Do you know how much money is traditionally recoverable by persons who are similarly injured who have legal representation?
Although you may have the answers to these questions, the person from the other side's insurance company knows the answers real well, and the other side's insurance company or adjuster will never tell you, or never tell you the truth. You would be negotiating in the blind, without any idea of what you may be entitled to recover. And anything you say to the other side's insurance company would be marked down and recorded and used against you in terms of the other side's negotiating strategy and in trial if it ever got that far.
In all automobile accident cases it is essential that measures be taken promptly to investigate all possible insurance coverage that is applicable, preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. If you or a loved one is a victim of an automobile accident, call Beltz & Ruth now at 1-888-749-3221 or *CLICK HERE TO SUBMIT A SIMPLE CASE FORM* The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee (*link to contingent* basis), which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.
