Living in South Florida, the chances of encountering a car accident are statistically higher. If you’re involved in a collision, understanding Florida’s unique no-fault car insurance system is crucial, as it dictates how medical expenses and lost wages are handled after a crash. For assistance with your rights and claims, consult with Buchalter Hoffman and Dorchak for professional guidance and support.
What is No-Fault Insurance?
Florida is a no-fault state, meaning regardless of who caused the accident, your own Personal Injury Protection (PIP) insurance initially covers certain expenses. PIP coverage is mandatory for all drivers in Florida and helps pay for:
- PIP covers 80% of reasonable medical expenses related to the accident, up to your policy limit (typically $10,000).
- PIP can also reimburse you for 60% of lost income due to the accident, again, up to your policy limit.
- PIP covers the cost of necessary services you can’t perform due to your injuries, such as housekeeping or childcare.
Steps to Take Immediately After a Crash
Here’s a clear guide to managing the steps you should take following a car accident in Florida, from ensuring safety to considering legal action.
Step 1: Ensure Safety
First, assess the situation for any injuries and check the safety of all passengers. If there are injuries, immediately call 911. If the vehicles are operational and it’s safe, move them to the side of the road to prevent further incidents and keep traffic flowing.
Step 2: Call the Police
It’s essential to have a police report for all accidents involving significant damage, injuries, or fatalities. The police will document the scene and create a report, which is crucial for insurance claims and any legal actions.
Step 3: Gather Information
Exchange contact and insurance information with the other drivers involved. Collect names, addresses, phone numbers, and insurance details. If there are witnesses, get their contact information as well. Use your smartphone to take pictures of the accident scene, vehicle damages, and any visible injuries.
Step 4: Seek Medical Attention
Visit a doctor or an emergency room to get a medical evaluation, even if you feel fine. Some injuries may not show immediate symptoms but could have long-term effects. This step also provides a medical record that can be vital for insurance claims.
Step 5: Notify Your Insurer
Report the accident to your insurance company as soon as possible. Provide all the collected information and the police report number. Prompt reporting is crucial to utilize your PIP benefits effectively.
Step 6: Keep Records
Document all related expenses, such as medical bills, repair costs, and any lost wages due to the accident. These records are important for insurance claims and any potential compensation you might seek.
Step 7: Understand Your Coverage
Review your auto insurance policy to fully understand the coverage limits of your PIP insurance, which typically covers medical expenses and a portion of lost wages.
Step 8: Monitor Your Claim
Stay in regular contact with your insurance adjuster to monitor the progress of your claim. Ensure that all necessary documentation has been submitted and inquire about any delays or additional information needed.
Step 9: Consult Miami, FL Personal Injury Attorneys
If your injuries are significant or if the insurance claim process becomes complicated, consult with skilled personal injury attorneys in Miami. An attorney can provide guidance on how to proceed for the best possible outcome.
Step 10: Consider Legal Action
If your injuries exceed the PIP coverage or if there are disputes about who is at fault, you may need to consider legal action. An attorney can assess whether you have a viable case against the other party and guide you through the legal process.
When to Consider Legal Help
Florida’s no-fault system has limitations. Here are some situations where seeking legal guidance from experienced personal injury attorneys is beneficial:
1. Serious Injuries
Florida has a “serious injury” threshold that allows you to pursue a claim against the at-fault driver for pain and suffering, lost future wages, and other non-economic damages. Our experienced attorneys can help you navigate this threshold and determine if your injuries qualify.
2. Insufficient PIP Coverage:
If your medical bills exceed your PIP limits, a personal injury attorney can fight to obtain compensation from the at-fault driver’s liability insurance.
3. Denial of PIP Benefits
Insurance companies may deny your PIP claim for various reasons. Our attorneys can assist you in appealing the denial and ensure you receive the benefits you deserve.
Buchalter, Hoffman & Dorchak: Standing Up for Your Rights
At Buchalter Hoffman and Dorchak, we understand the impact a car accident can have on your life and the importance of receiving adequate compensation. With over 40 years of experience, we are committed to ensuring our clients receive the full benefits and compensation to which they are entitled under the law. If you are dealing with injuries from a car accident, do not hesitate to seek out professional guidance to ensure your rights are protected. Contact us today to discuss your situation and how we can help.