Even if it is minor, an auto accident can be a sudden and unsettling experience. A Florida resident may not know what to do in the immediate aftermath. In addition to seeking medical attention, there are certain steps that one should take or consider taking after a motor vehicle accident. Acting promptly and decisively can be critical in receiving the assistance that one needs to address their injuries and property damage. This article is a basic overview of some key issues to keep in mind.
No matter who was at fault, a victim of an accident will need to report the accident to their insurer. Failing to timely report the accident may jeopardize their ability to later bring a claim. One may need to report the accident to law enforcement, depending on whether it caused injuries or a certain amount of property damage. Even if one does not need to report the accident to law enforcement, it may be helpful to call the police to the scene. Their investigation can produce evidence that may bolster a claim.
A party of an accident should gather evidence, such as take pictures, speak with witnesses, and obtain official reports.
If a person is physically able, they should take photos and possibly videos of the accident scene to use as evidence in their later claim. One can capture the position of the vehicles after the crash, any damage to the vehicles, any debris in the road, document initial injuries, as well as the scene surrounding the accident. For example, if there was a traffic light or stop sign, a party to the incident may want to take a photo that shows the position of the vehicles relative to the light or sign. One should also get the contact information of any eyewitnesses to the accident, such as pedestrians or people in other cars. These individuals can corroborate the accurate account of the events leading up to the accident. If the police come to the scene, they will generate a report. A party to the subject accident get a copy of a police report since this can be an important document for an insurance company.
An injured party in an accident should seek prompt medical treatment to ensure a better medical recovery and to properly document the resulting injuries and in Florida to preserve a claim for PIP (Persona Injury protection) benefits to cover medical treatment and bills. In Florida, one must go to the hospital or an accident clinic and have a medical professional diagnose them with an “emergency medical condition” within 14 days to receive Personal Injury Protection insurance benefits. Otherwise, the said party will not be eligible for PIP coverage, and they will not be able to use their PIP policy to file a PIP claim. All car insurance companies in Florida offer this injury care as part of their insurance coverage. Consequently, if a person received treatment within 14 days from a car collision in Florida and suffered only non-emergency injuries (non-emergency medical condition), they can only receive $2,500 in benefits. However, if they suffered an “emergency medical condition,” they can receive the maximum payout available from their PIP coverage as long as they sought medical attention within the previously mentioned 14 days.
A person can potentially sue many different parties after a car accident, and one should not just assume that the fault lies only with one or more drivers. By bringing all the responsible parties into the claim or lawsuit, one may increase the chances of securing all the compensation that is due. In addition to drivers, defendants or responsible parties may include the employer of an at-fault driver if they were on the job at the time of the subject accident, as well as a manufacturer or distributor of a vehicle or auto part that was defective. In some complex situations, the entity responsible for designing or maintaining the road or its surroundings could be liable as well.
Hiring a lawyer is recommended. A lawyer may be helpful when serious injuries are involved or when fault is disputed.
If the accident was relatively minor and involved only property damage, a party to an accident may not need to go to the trouble and expense of hiring a lawyer. However, if a person was seriously injured, or if their claim seems likely to be contested for any reason, they should get an attorney on their side. Auto accident or Personal Injury lawyers usually work on a contingency fee basis, which means that they get paid only when and if the client/victim gets paid from a recovery again the negligent or responsible party or parties. One should make sure to choose an attorney who relates well to them personally, as well as someone who is experienced and competent in handling similar cases.
In some cases, fault is straightforward, liability is promptly conceded, and any dispute concerns the extent of the victim’s damages. Often, though, a defendant/responsible party or their insurance carrier will defend a claim vigorously. They may argue that the victim failed to comply with a procedural rule, such as the statute of limitations (state deadline for filing a claim in court and/or a Notice requirement), or they may raise an argument of comparative or contributory negligence. These rules vary depending on the state, but the general concept is that a victim’s damages award can be reduced (or eliminated entirely in some cases) if the defendant or responsible party can show that the said victim or plaintiff was at least partly responsible for the accident. A party to an accident should not make any admission of fault to an insurance company but instead should discuss this issue with an attorney.
The foregoing is merely a general and brief overview of tips or suggestions as to what to do after an automobile accident in Florida occurs.
If you have any additional questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.