What are the first things I should do following an accident?
You should notify the police immediately.
It is important to obtain a police report following an automobile accident in order to submit the documentation to your insurance company. In addition, you should report the accident to your insurance company the same day of the accident. You have a duty under your insurance policy to notify them of any accident in which you or your vehicle is involved. your insurance company may deny your claim if you fail to report the accident. They may argue that you breached your duty to notify them and therefore prejudiced their ability to conduct an investigation regarding the facts of loss and damages.
In addition, if you are injured following an automobile accident you should present yourself to the nearest emergency room for evaluation.
If you are unsure how to proceed following taking the above steps, you should contact an experienced personal injury lawyer to assist you in pursuing the appropriate remedies based on your situation. The law office of Victor Bobet has been providing this type of assistance to injured victims of automobile accidents for the past 30 years.
If I was not at fault, why do I need to involve my automobile insurance?
Florida law provides that each individual who is involved in an automobile accident is responsible for the first $10,000 of their economic damages.
This is the reason why Florida law mandates that each individual purchases personal injury protection benefits on their automobile policy in order to register their vehicle. The purpose of this system is to expedite medical treatment and the recovery of lost wages so that the injured individual can begin to recover immediately and avoid becoming destitute due to an injury.
The personal injury protection policy by law requires that medical bills be compensated at 80% of the usual and customary charge in the community and your lost wages at 60% of your average weekly wage. the average weekly wage is generally calculated over a 13-week period. Florida Statutes are amended frequently. The personal injury protection medical benefit of $10,000 actually begins at $2,500. There is now a legislative requirement that you’re treating physician reach a conclusion that you have sustained an emergency medical condition in order to qualify for the full $10,000 benefit.
Since I was not at fault, I definitely have a claim against the at fault driver?
The answer is it depends.
It depends on whether the at-fault driver purchase bodily injury coverage. Unfortunately, Florida is one of only two states in America that does not require drivers to purchase bodily injury coverage. even though the negligent driver who caused the accident is legally responsible, there may be no auto insurance coverage that will compensate you for injuries that you sustain in the collision.
How can I protect myself from the possibility of being injured in an automobile collision and not being able to collect from the at-fault driver?
The answer is fairly simple. You need to purchase uninsured motorist coverage.
Florida Statutes mandate the sale of uninsured motorist coverage when bodily injury coverage is purchased.
What personal injury damages are recoverable as a result of my automobile accident?
Generally speaking, the law allows you to recover economic damages in the form of past and future medical care and past and future lost wages including the value of loss of earning capacity. Pain and suffering damages are recoverable if the jury concludes you have sustained a permanent injury as defined by Florida Statutes.
The Medical portion of the economic damages is now a bit more difficult to calculate as the Florida legislature has recently passed an amendment to the law that took effect in March of 2023 which allows the insurance companies to present evidence of health insurance (private or public) reimbursement rates as evidence of the reasonable value of the medical service.
The value of your case can be difficult to determine. Therefore, you need an experienced litigator who has dealt with and understands these issues. Please contact the law office of Victor bobet for a free consultation regarding the value of your case following an automobile accident.
My insurance company has requested a recorded statement or an examination under oath, and I am not sure what I should do.
In Florida, all automobile insurance policies include a cooperation clause.
Failure to cooperate with the insurance companies’ reasonable requests for information as it relates to a claim for damages can result in either a claim denial or your policy being voided. It is important to cooperate with an insurance company; however, there are limitations on what an insurance company can request.
In order to properly determine your responsibilities under the automobile insurance policy, it is important to contact an experience attorney. The law office of Victor Bobet has 30 years of experience dealing with insurance companies. If you have any questions regarding your rights and responsibilities under an automobile insurance policy, feel free to contact our office for a free consultation.
I was injured in a car accident, and my insurance company is requesting that I attend an independent medical evaluation with a physician that they selected.
Why are they requesting this?
There are many reasons why your insurance company may request that you attend an independent medical examination.
The primary reason is that they simply do not believe that you were injured in the automobile accident. In addition, your insurance company is looking for a reason to stop paying medical bills. If the independent medical examiner certifies that no further care is necessary, the insurance company will attempt to use this as a basis to stop paying medical bills for treatment that is related to the automobile accident.