FAQ

How much will it cost to hire an Attorney?
Our office will not charge a fee unless we obtain a recovery for you in relation to your injury claim.

How long will it take to resolve my claim?
There is no simple answer.  Typically, a settlement demand dackage is submitted to the insurance company once you have completed your course of treatment with your treating physician.

What insurance coverages are involved?
Most cases involve personal injury protection coverage and bodily injury liability coverage.  However, Florida law does not require individuals to purchase bodily injury coverage.  Therefore, you may have been involved in an accident with an uninsured driver.  In this instance, you will need to look to your own insurance policy to see if you have elected uninsured motorist coverage.  Uninsured motorist coverage will provide bodily injury liability coverage for your damages in the event that the at fault person did not purchase bodily injury liability coverage.
I have been unable to work since the accident.

Do I have to wait until my case settles to be compensated for my lost wages?
No, your no fault coverage provides for immediate compensation of sixty percent (60%) of your lost wages as your losses accrue.  Your no fault insurance company will require documentation from your treating physician that you were unable to work.  In addition, your no fault insurance company will require confirmation from your employer that you have not worked specifically the days that your treating physician instructed you not to work.

Will my no fault coverage cover 100% of my medical bills?
No, your no fault carrier is contractually obligated to pay eighty percent (80%) of your medical bills resulting from the automobile accident.  The twenty percent (20%) balance is part of your economic damages claim against the at fault party.

Do I have to see my primary care doctor for my injuries?
Following the automobile accident, you may select your physician of your choice for your injuries.  However, under Florida law, you will be required to submit your insurance claims your personal injury protection automobile insurance.  Once your personal injury protection insurance is exhausted, you may then submit the remainder of your insurance claims to your health Insurance carrier.

My automobile insurance expired prior to the accident, Can I still make a claim?
Yes, the Second Ddistrict Ccourt of Appeal has ruled the at fault party is responsible from dollar one for your damages the event that your automobile insurance was not in effect on the date of the accident.  This ruling conflicts with other District Courts of Appeal in Florida that provide that each individual is responsible for the first $10,000.00 of their own economic damages in the event that you allow your automobile insurance coverage to lapse prior to the accident.

What damages can I claim as a result of the automobile accident?
Florida law provides for the recovery of economic and non-economic damages resulting from the negligence of a motorist.  Economic damages can be broken down intothe following categories:

  • Past lost wages
  • Future lost wages or loss of earning capacity
  • Past medical bills
  • Compensation for future medical care resulting from your injuries.

Florida law allows the jury to award you non-economic daimages (i.e.  pain and suffering) in the event that you have sustained a permanent injury as a result of the automobile accident.  This requirement is called the no fault threshold and it applies in every automobile accident claim where no fault coverage is involved.

What doctor should I see?
You should always contact your primary care physician and notify them that you have been injured.  If your primary care physician can treat your injuries and you should provide them a copy of your automobile insurance card so that they can submit the claims to the appropriate insurance company.  If your primary care physician is unable to treat your injuries, then please request that they refer you to a specialist.

My insurance company has scheduled me for an examination under oath.  Why have they done this?
Each time an insurance claim is filed, the insurance company will investigate the legitimacy of each claim.  During the examination under oath, the insurance company will ask you questions regarding the facts of the accident, details regarding the treatment that was rendered to you by your treating physician.  The examination under oath can last anywhere from 1 to 6 hours and has been construed by Florida courts to be a contractually binding prerequisite to the payment of any claim.  Failure to submit to an examination under oath will result in the denial of your claim for benefits.  For more information on your rights as an insured and additional details regarding the types of questions asked in an examination under oath.  Please contact our office.

The insurance company that represents the atpple driver has contacted me requesting that I submit to a recorded statement or examination under oath.  Should I honor this request?
No, there is no legal or contractual requirement for you to submit to a recorded statement or examination under oath with the insurance company that represents the at fault driver.  The insurance company that represents the at fault driver will always attempt to obtain information from you regarding the current state of your physical condition following the automobile accident, any pre-existing medical conditions as well as any prior automobile or any other type of accident that you may have been involved.  The at fault insurance company does not represent you, nor your interests.  As such, their request for a recorded statement or examination under oath should always be denied.

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CONTACT INFORMATION

Bobet Law Firm
3105 West Cypress Street
Tampa, FL 33607

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Telephone: 813-872-7799
Fax: 813-872-6981

E-Mail: vbobet@bobetlaw.com
Skype Address: victor.bobet