Top 10 Questions Regarding Automobile
Accidents
and Property Damage
1. Who will pay for your car to be
fixed? If the other side was 100% at fault
and if they have the right kind of insurance
coverage, then they should pay to fix your
car. In Florida, if the other driver is
driving legally (with even the minimum insurance) then they
should have $10,000 in Property Damage Liability Coverage
and this will help pay for your car. If you have difficulty
with the other person’s insurance company and you have
collision coverage on your vehicle then call your own
insurance company and ask them to fix your car.
2. Do you have to give the insurance
company a taped statement? If it is your insurance
company, then the answer is probably yes, but you have every
right to have your attorney present. If it is
the other driver’s insurance company, then the answer is no.
You are under no obligation to give the other driver’s
insurance company a taped statement.
3. Should you speak with an attorney
before you give a taped statement? Absolutely! Talking
with an attorney in person, and having that attorney present
when you give a taped statement is the smartest thing you
can do.
4. What about my lost wages? In
Florida, your PIP coverage (Personal Injury Protection) will
pay 60% of your lost wages that are a result of your
automobile accident. As with most insurance however, this is
not automatic. Your employer has to complete a wage history
form showing your wages. Your doctor has to complete a form
that certifies you have missed work due to the crash.
5. What if the other driver was
at-fault and my medical bills exceed my own PIP (no-fault)
benefits? If the other driver had Bodily Injury
Liability Coverage then that can help with your medical
bills. Under Florida Law, the other driver’s insurance
company has to disclose this information to you. Also,
regardless of the kind of coverage the other driver has, if
you have Uninsured Motorist Coverage, commonly referred to
as UM/UIM then you are protected.
6. How do I know if I have a personal
injury case? Each case is different, but there are a few
questions you can ask yourself. Is it clear that the other
side was at fault or mostly at fault for the crash? Do you
notice a significant difference in the way you feel
versus how you felt before the crash? Do you have pain and
discomfort on a regular basis that you did not have before?
Do you have medical bills and/or lost wages that exceed
$5000? Have you already had a surgery or is there a strong
possibility that you will need surgery? The more times you
have answered yes to these questions, the more likely you
are to have a Personal Injury Case.
7. How long do personal injury cases
take? Generally speaking, personal injury cases last
anywhere from six to eighteen months. Most people need to
see their doctor and receive treatment for some period of
time before the doctor can say with any degree of certainty
how the injury has affected them already and how it will
affect them in the near future. The attorney typically
cannot work on resolving the case with the at-fault party
until the treatment is completed and a clear picture of the
client’s injuries are present.
8. If it takes so long, why do I need
an attorney now? Because the insurance companies have
attorneys and claim’s adjusters working for them from the
day you were injured. Unfortunately, the insurance company
wants to see you make as many mistakes as possible because
this decreases the value of your claim. If you give a taped
statement without knowing what the insurance adjuster is
really trying to do you may be unaware that your words can
decrease the value of your case.
9. How much is my case worth? This
question depends on several factors. First, what is your
injury? (We generally won’t know this until you are done
with treatment.) How much are your medical bills? How much
are your lost wages? How has the accident affected your
daily life, your job, your family? How clear is the
liability? Does the other driver have adequate insurance
coverage? Do you have adequate insurance coverage?
10. Why is insurance so important in a
case? Because I want you to understand how much is
really at stake. Insurance companies are in business to make
money. Their goal is to settle your case with you for the
least amount possible. They train their adjusters to do what
they can to minimize your case value because it is in
their business interest. I’ll do what I can to protect
you because I work for you and your best interest.
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