You should never deal with the aftermath of a car accident alone.  Having a lawyer on your side can help protect you from insurance companies and defendants who are only looking out for themselves.

Our attorneys can file insurance claims and lawsuits to help you recover everything from vehicle repair costs to pain and suffering for your injuries.  Never trust insurance companies – even your own insurance – to have your best interests in mind, and never accept a settlement without going over it with a lawyer first.

Call (305) 614-2767 for a free case evaluation with Graves Injury Law Firm’s car accident attorneys today.

The Process of Filing a Car Accident Case in Doral, FL

Car accident cases can be confusing because of the no-fault insurance system we use in Florida.

Reporting the Accident

You must report all car accidents involving injury to the police.  Call 911 and report the crash, and they will send out an officer.

Also request an ambulance if you are injured.

Get Medical Care

You need to get medical care to treat your injuries.  Do not worry about paying for this now, because coverage for your injuries will be part of your claim.

If the ambulance crew says you need to go to the hospital, go with them; do not try to stay at the scene and risk your injuries getting worse.

Collect Evidence

If you can stay at the scene of the crash, try to get evidence about who was involved, what happened, where it happened, what the weather and road conditions were like, etc.

  • Get the other driver’s name and contact info, insurance info, etc.
  • Write down the make, model, color, and license plate number of the cars involved.
  • Get witness contact info.
  • Take pictures of the crash and damage.

We can seek other evidence later, like security camera footage, medical records, and financial records.

Call a Lawyer

Do not proceed with insurance claims without our car accident lawyers on your side.

Filing with Your Insurance

Florida law requires every driver to carry at least $10,000 of personal injury protection (PIP) insurance.  This pays for 80% of medical care and 60% of lost wages, up to $10,000.

That means there are going to be damages that are not covered, like pain and suffering and the remaining percentages of these economic damages.

Suing the At-Fault Driver

From there, you can potentially sue to recover the additional damages.  The driver who hit you might have liability insurance to pay for these costs, plus vehicle damage.

You can only sue if you have “serious injuries,” which include any significant/permanent scarring, lost bodily function, or amputation.

Proving Fault

Although we use a no-fault system, you have to prove fault in court to get damages paid.  This means showing that…

  1. The defendant owed you a legal duty, often dictated by traffic laws.
  2. They violated that duty, e.g., by speeding, running a red light, etc.
  3. That violation caused the crash.
  4. You suffered damages and injuries.

Using UM/UIM

Uninsured and underinsured motorist coverage (UM/UIM) pays for your damages if the other driver is uninsured or has a low policy limit that does not cover your needs.  All insurance companies have to offer this in Florida, but you do not have it unless you accepted it when you signed up for your insurance policy.

In Florida, there is no requirement for drivers to have injury liability insurance.  That means you may be limited to recovering only what they can pay out of pocket, and having UM/UIM might be essential to getting full damages paid.

Damages Available in a Car Accident Case

If you get hurt in a crash, you have multiple areas of damages you need covered, but your insurance does not cover everything.

Damages Available

Overall, you can claim any damages that you suffered because of the accident.  This usually involves these:

  • Medical bills
  • Lost wages
  • Lost future income
  • Property damage (e.g., vehicle repair/replacement)
  • Other incidental expenses.

What Your Insurance Covers

Your PIP insurance is designed to cover up to $10,000 of these damages:

  • 80% of medical care costs
  • 60% of lost wages
  • Replacement household service costs.

If you had a loved one who died in a crash, you can also recover a death benefit up to $5,000 from their insurance.

Your PIP does not pay for pain and suffering.

What the Other Driver’s Insurance Covers

The other driver needs to have at least $10,000 in property damage liability, but they do not need injury liability insurance.  This might mean the only money they have to pay for your injuries is out-of-pocket payments, unless they added on injury liability coverage.

Suing the Other Driver

If the defendant has no insurance to cover your injuries, you can sue them directly – if you meet the “serious injury threshold.”  This usually requires you to have a permanent injury or significant scarring.

UM/UIM

If they do not have insurance or have a policy limit that leaves you unreimbursed for some damages, you can use your UM/UIM – if you have it – to recover more.

FAQs for Car Accident Cases in Florida

Should You Talk to Insurance on Your Own?

No.  Always work with a lawyer when approaching insurance.  You do not know what they are going to try to use against you, so do not say anything to the insurance companies or give any recorded statements.

Do You Use Your Insurance or the Other Driver’s?

Because we use a no-fault insurance system, you typically use your insurance first.  However, required insurance is only $10,000, and it does not cover pain and suffering.  It also leaves out 20% of your medical costs and 40% of your total lost wages.

To get the rest, you usually need to file against the at-fault driver’s insurance or sue them (in which case their insurance will defend them and pay their damages, if they have liability insurance).  They also pay for vehicle damage.

You can also potentially tap into your UM/UIM insurance at the end if you have damages still not covered.

What if You Get Hurt in a Crash While Working?

Our attorneys also handle Workers’ Compensation cases, which can cover any case where you are injured while driving, including car accidents.  You may be able to file a lawsuit as well, recovering damages through both routes.

Call Our Car Accident Lawyers in Doral Today

For your free case evaluation, call our car accident lawyers at Graves Injury Law Firm at (305) 614-2767 right away.