Nobody ever wants to experience a car accident. All the property damage and injuries resulting from a car crash are already stressful to deal with. Dealing with everything that follows in the aftermath can become overwhelming. Auto accidents of any kind can be complicated, but exactly how complex can they get in Florida?
If you are new to the Sunshine State and have recently experienced a car accident, you might be wondering what you should do to file a claim with your insurance company – and whether you need to file a lawsuit against the other motorist. While it would be ideal for the process to be simple, we do not live in a perfect world. Yes, there is a certain set of procedures to follow after an auto accident, but it is hardly ever straightforward.
Working with experienced Miami car accident lawyers after an accident can help you navigate the entire situation, wherever it has to go, with ease. Still, we think that every motorist should be aware of what to do and expect so that they do not get overwhelmed.
Today’s post will outline everything you should know about car accident cases in Miami to help you determine the best course of action.
Florida’s No-Fault Rule & Insurance Requirements
One of the most critical reasons contributing to the complexity of auto accident cases in Miami is the Sunshine State’s no-fault rule. According to the no-fault system, Florida follows a pure comparative negligence system that considers all the parties involved in the car accident as being responsible for causing the crash.
Of course, it does not mean that all the parties are considered equally to blame. The rule determines who was more at fault for causing the accident to ensure that the damages rewarded in the settlement are divided between the drivers in a fair manner. It is entirely possible for one driver to be considered entirely at fault for causing the car crash.
Suppose that you were partially at fault for causing the accident, but it was primarily the other motorist who is held liable. The damages rewarded to you will have a portion of it deducted based on the percentage of your fault. The same also works if you were the party found guilty of causing the accident.
Most Florida auto accident cases do not even end up going to court. Only the accidents that meet certain requirements qualify for being taken out of the no-fault system. If the circumstances surrounding your accident do not warrant filing a case in court, you can seek reparations by filing a claim with your insurance company.
All Florida motorists are required to carry at least $10,000 in Personal Injury Protection (PIP) and Property Damage Liability (PDL) coverage. If you are ever involved in an accident in the Sunshine State, your first resort to seek financial help should be to file a claim with your insurance company. Your PIP coverage can help you recover the medical costs for the injuries you have suffered due to the accident.
The PDL coverage is there to help you cover property damage costs to the other driver’s vehicle in case you were at fault for causing the wreck. However, it does not cover the repair costs for your vehicle. You need to supplement your no-fault insurance by purchasing collision insurance to get that coverage.
Filing an insurance claim after auto accidents in Miami can become quite complex because of the tendency of insurance adjusters to do everything to devalue or deny your claim. Working with experienced Miami car accident lawyers can ensure that the insurance company does not lowball you with a settlement worth far less than what they should pay you for the damages you incurred.
Steps To Take After A Miami Car Accident
Now that you know what to expect in the aftermath of a car accident in Florida, you should understand the steps you need to take to make a strong case for yourself. The first thing to do after experiencing an accident, provided that you are physically capable of it, is to call the authorities. It is your duty to report the accident regardless of who was at fault, especially if someone has suffered an injury in the accident.
The police will arrive at the scene of the accident to examine the situation and file an unbiased report (something that will come in handy when filing an insurance claim or a lawsuit). The police will also inform emergency medical services that will cater to the needs of anyone injured.
You should also seek immediate medical attention and get a complete examination done even if you feel like you did not suffer injuries. Some internal injuries are not apparent right after the accident but can show symptoms several days or even weeks after the fact.
Getting a thorough examination can benefit your health and safety in case there are any internal injuries. Additionally, the medical records can serve as crucial pieces of evidence to build a strong case.
If you are physically capable, you should also document the scene of the accident. Take pictures and make videos of the damage done to your car and any injuries you have incurred. The visual evidence can come in handy for insurance purposes or if you have to pursue a lawsuit against the other driver.
Next, you should call your lawyer and inform them of the accident. Ask them to give you some guidance on what you should and should not say when informing the insurance company of the accident. Lastly, but very importantly, you should call your insurance company and tell them about the accident – keeping in mind any words of caution your lawyer gives you about talking to them.
Consider Working With The Best Car Accident Lawyers In Miami
Car accident cases in Florida can get quite complicated, depending on the specifics surrounding your case. However, you do not need to let the complexities of Florida’s personal injury laws overwhelm you or weigh you down. With the help of the right Miami car accident lawyers, you can put your mind at ease by knowing that you have the best chances of getting your rightful compensation after incurring damages in a Miami car accident.
Consider contacting Frankl Kominsky Injury Lawyers if you ever experience a car accident. The firm boasts an excellent team of lawyers specializing in Florida’s personal injury law with extensive experience in various and complex auto accident cases. They have helped countless clients in auto accident cases and can significantly increase your chances of getting a desirable outcome for your Miami car accident case.
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