After a car crash, your expenses may be more than you can afford.  Our no-fault system means we usually have to file a claim with our own insurance first, but you can also make claims against at-fault drivers in many cases.

To sue another driver, you need a “serious injury.”  However, getting money through their insurance can be difficult, and your case may need to go to trial against them personally.  We can also look for other insurance you might have on your policy, such as uninsured/underinsured motorist insurance (UM/UIM) and other injury coverage to help pay for your damages.

Call our car accident lawyers at Graves Injury Law Firm right away at (305) 614-2767 to get started with your case.

How Car Insurance Claims Work in Hollywood, FL

Because of our no-fault insurance system, there are multiple types of claims you file in the process of getting your car accident damages paid in Florida.

Your PIP Claim

Because we use a no-fault system, each driver is required to carry insurance to cover their own injuries after an accident.  This covers you, regardless of who caused the accident.

In Florida, coverage is usually $10,000, covering 80% of medical care and 60% of lost wages.

Property Claim Against the Other Driver

Your PIP does not cover property damage, so you file claims against the defendant’s liability insurance for vehicle repairs.  State minimums require them to have at least $10,000.

This is paid by the at-fault driver, but your insurance might also have add-ons like collision coverage to help you cover these damages.

Injury Claim Against the Other Driver

The other driver’s required liability insurance is only for property damage.  They may have injury liability insurance, too, but they are not required to.

If they do have this, you can file a claim against them to cover serious injuries.  But their insurance will only pay at-fault claims like these if you have a strong case that they were at fault.

Lawsuits

If the other driver’s insurance refuses to pay or they do not have insurance, you can sue the driver directly.  If they do have insurance, it will provide them with a lawyer and pay their damages when you win.

Serious Injury Threshold

Lawsuits are only allowed for car accidents when you have “serious injuries.”  This includes permanent and substantial injuries, like amputations or serious facial scarring.

Settlements

You can settle at any time, even after filing in court.  But always review settlement offers with your lawyer to see that there is enough money there to cover your needs.  Otherwise, we can go back for further negotiations or even continue to trial.

UM/UIM

At the end of the day, if the other driver did not have insurance or did not have enough insurance to cover your expenses, you can file a claim with your uninsured/underinsured motorist coverage, if you have it.  This is optional insurance, but it may be your best chance at getting other damages paid.

How to Deal with Insurance

When dealing with the insurance companies, take these warnings to heart:

Work With Your Lawyer

Never trust that the insurance companies – even your own insurance – have your best interests in mind.  Our car accident lawyers have to look out for you and maximize your recovery, while these companies are looking out for their own bottom line.

Never Give a Statement

Recorded statements can be used against you.  Avoid giving them at all, if possible.  Let our lawyers communicate with insurance instead.

Don’t Sign or Accept Anything

If you sign a settlement or accept money, your case may be over.  You can settle first-party claims with your insurance, then continue to a claim against the defendant, but it is not always clear which insurance company the money is coming from.  This is even less clear if you have the same insurance company as the defendant.

Always review settlements and paperwork with your lawyers before taking any money or signing anything, or else an unintentional settlement could end your case.

Damages Available

In a car accident claim, the following damages are important – though not every case involves each area of damages.

  • Emergency transportation to the hospital
  • Emergency treatment
  • Hospital stays
  • Follow-up care
  • Physical therapy and rehabilitation
  • Mental health therapy
  • Lost wages
  • Future lost earning capacity
  • Replacement household services
  • Auto repairs/replacement costs
  • Childcare
  • Pain
  • Emotional distress
  • Mental anguish
  • And more.

FAQs for Car Accident Injury Cases in Hollywood, FL

When Should You Call a Lawyer?

Call a lawyer right away after an accident.  You only have 2 years to file your case, and insurance claims usually come before filing.  This leaves us with limited time to collect evidence, build a case, and get you damages.

Your own delays ultimately delay your settlement, so call us as soon as you can.

Do You Have to Report a Car Accident?

Yes.  In Florida, any accident involving serious damage or injuries needs to be reported to the police.  If, for some reason, an officer was not called, you may have to report the crash to the state with a form.  We can help you figure this out as part of your case.

Should You Accept a Settlement or Go to Trial?

It depends.  Settlements end the case faster, and you should accept and save yourself time, but only when the settlement is enough.  Our lawyers can advise you as to whether the settlement is appropriate, and fight for better settlements if it is not.

If the defense refuses to give a good settlement offer, we can go to trial instead.

Does Your Insurance Cover all of Your Damages?

No.  Your PIP coverage – personal injury protection – covers a portion of lost wages and medical care, but not 100%.  It also leaves off pain and suffering and property damage.

Add-ons, like collision coverage, may cover more, but they still usually do not cover pain and suffering.  That generally only comes from the defendant or UM/UIM.

What Does No-Fault Insurance Mean in Florida?

Our no-fault insurance system requires every driver to have insurance to cover themselves and their passengers.  This covers regardless of fault, but fault is still taken into account when it comes to getting additional damages out of the defendant.

PIP insurance is no-fault, but damage liability insurance is at-fault.

Call Our Car Accident Attorneys in Hollywood, FL Today

Call Graves Injury Law Firm’s car accident lawyers at (305) 614-2767 for a free case assessment.