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Motor Vehicle Accidents FAQs
Accident Scene
Q: My car was hit and the driver fled. No one was injured. What charges can the at-fault driver face?
A: Leaving the scene of an accident where property damage occurred is a misdemeanor in Florida. If the accident resulted in an injury, it is a second-degree felony to flee the scene. The at-fault driver could face up to 15 years in prison if this occurred.
Q: The at-fault driver approached me to sign a release. What should I do?
A: If you have received money from your own insurance company for damages, you should consult the company before signing anything that may waive rights. Once the insurance company pays you money, they now have a claim against the other driver as well. If you sign a release, you could be responsible for paying back the money you received from the insurance company. contact the accident lawyers of the Coye Law Firm to learn how signing a release or waiver may affect your eventual injury settlement.
Q: What should I do if the other driver's insurance adjuster is trying to communicate with me?
A: The other insurance company may seek a written or recorded statement from you regarding the accident. You are not obligated to do this. It is important to know that anything you submit to them can be used in your claim, possibly to hurt your case.
Medical Treatment
Q: How soon should I seek treatment?
A: Seek treatment for personal injuries immediately. Your insurance company or the person you are seeking a claim against may be responsible for paying medical bills, so keep all paperwork you receive regarding the accident. The law dictates a certain timeline for notifying your insurance company of medical treatment. You are entitled for compensation of medical bills if you notify your insurance company within 30 days of the treatment. If you notify them within 21 days, you may have up to 60 days to seek all necessary treatments and file appropriate paperwork.
Q: Do I have to go to my own doctor?
A: You can go to any doctor capable of treating your injuries that resulted from the car accident. Make sure to coordinate the treatment with your insurance company and notify the car accident lawyer assigned to your case.
Q: Who will pay my medical bills?
A: In Florida, drivers are required to have Personal Injury Protection under the no-fault system. This means that insured drivers have their own insurance companies pay the first 80% of $10,000 in medical bills. Beyond that, you may need your own health insurance or the other driver's insurance company to pay. Speaking with a personal injury lawyer at the Coye Law Firm can help you determine the source beyond $10,000.
Q: What happens if my medical bills go over $10,000?
A: Florida is a no-fault state and requires insurance companies to pay the first $10,000 worth of medical bills for injured policyholders. However, some accidents cause injuries that this amount of money can't cover.
If your medical bills go over $10,000, another source of money must be found. Health insurance picks up some of the cost if you have a policy. If you are facing costs over $10,000 and might have to pay out of pocket, you need to speak with an attorney. Coordinating benefits past the first $10,000 of pip can be difficult to do. Our car accident injury attorneys can help you do this and recover benefits if there is resistance from insurance companies.
Insurance Company
Q: Who pays my collision deductible?
A: If your policy includes a deductible, you pay it following the accident. When the at-fault party pays your insurance company, it can include the amount of the deductible, which your insurance company can then reimburse you. You may choose to wait for the at-fault party to pay the deductible directly. This option takes time. You should discuss the advantages and disadvantages of each method with an experienced car accident lawyer at the Coye Law Firm before making a decision.
Q: The other driver's insurance company offered $5,000 for my injuries. I need the money, should I take it?
A: An early offer to compensate you may not be enough to cover the injuries you sustained in the accident. Do not accept payment until you are ready. If you do, the at-fault driver's insurance company will not pay you any more money. An experienced attorney knows the aspects of recovery that need to be covered by a settlement. Call one of them at the Coye Law Firm today.
Q: My insurance company is saying that they won't repay me for damages because it's "excluded." What does this mean?
A: Most insurance companies will include "exclusions" under their policies to protect themselves from risk. Read your insurance policy carefully to see the wording of the exclusion and compare it against the situation you are facing. (If you don't have a copy, request one of your insurance agent. They should provide you with a copy of your policy.) You may be able to dispute the insurance company's decision to deny your claim. Contact an insurance attorney at the Coye Law Firm to seek assistance with this process.
Attorney's Help
Q: How much is my case worth?
A: Personal injury cases that arise from car accidents are meant to recover benefits for the injured driver. These benefits can range from medical bill reimbursement, lost wages, or pain and suffering in more serious circumstances. To recover any benefits, documentation and reports from reputable doctors or other professionals are essential. The car accident attorneys at the Coye Law Firm want to help those injured in car accidents recover what they are owed under Florida law. Call our offices today to see if your case is worth pursuing.
Q: Do I pay you anything if I don't get a recovery?
A: The auto accident injury lawyers of the Coye Law Firm do their best to recover maximum benefits for clients. You don't have to pay if we don't make a recovery.
Q: What should I bring to the first meeting with a lawyer?
A: After calling our offices to set up a consultation, your attorney or case manager may recommend that you bring certain paperwork to get your case started. In general, you should bring:
- the information exchanged between drivers
- your auto insurance card
- your group health insurance card
Q: Can I get benefits for my pain and suffering?
A: Benefits not directly related to medical care are rare. Under Florida law, your injuries need to be proven as permanent through a medical report from your doctor. If your injuries fall under the definition of permanent, the Coye Law Firm's personal injury attorney team can pursue benefits for your pain and suffering.
Special Circumstances
Q: I was on a vacation outside of the state when I got into a car accident while driving my own car and was injured. I am an insured driver. Will my insurance company pay for my injuries?
A: As long as you were within the United States or Canada, your pip coverage should pay for your medical treatment. This also applies to insured relatives who were in your motor vehicle. If your car accident injuries are costly, contact the personal injury attorneys at the Coye Law Firm.
Q: My relative died a year after the accident that caused his or her fatal injuries. Can I still file a claim to hold someone responsible?
A: A wrongful death suit can be filed in the state within two years of the death. It is important to keep all documents related to the claim no matter how long ago the initial accident occurred.
Q: My accident was a bit complex. My car was struck by a car that had been rear-ended on the highway. Who can I hold responsible for my injuries?
A: A personal injury claim involves an important factor: negligence on the part of the person who inflicted harm upon another. There is a common law rule in Florida that states a person injured can bring suit against any or all of those who caused them harm. The advice of an attorney can help you determine the areas of liability that are likely to give you the best chance at a full recovery.
Q: If I was injured in a car accident caused by a road hazard, such as construction equipment, do I have a case?
A: This area of liability is an interesting aspect of premises liability. Governmental entities can not be held responsible for injuries in buildings or on roads they fail to build, expand, or modernize. However, when they make the decision to do so, they become responsible for the injuries sustained due to lack of maintenance or due care. It works in a way similar to a private individual owning or operating a building.
Q: If I think I might have a workers' compensation claim and a personal injury claim, which one should I pursue first?
A: Filing the necessary paperwork and communicating with insurance companies can be a daunting prospect when dealing with one area of liability. To pursue a case in two different areas of law can be overwhelming. contact the Coye Law Firm to get the assistance and advice necessary to getting the full recovery you need. Our work injury lawyers, case managers, and interns can help make sure that your claim is processed and filed within the parameters of the law.
Q: My son/daughter was injured in a car accident caused by a drunk driver. The drunk driver was also underage, meaning they needed to break the law in order to get alcohol. Can I hold the person who furnished the alcohol responsible?
A: Cases such as these have been litigated in Florida, and the outcome has laid blame for the injuries on the person who furnished or sold alcohol to a minor. It is a violation of the law, but also within the scope of liability in a personal injury claim. As with any case, providing proof of the transaction can speed up recovery and time in court.