Car Accidents

• What should I do if I am involved in an automobile accident?
   
• What are the different types of automobile insurance coverage available in Florida, and what should I have in terms of coverage?
   
• What is UM coverage?
   
• What happens if I am involved in an accident and my car is damaged beyond repair, or the repairs to my vehicle takes several weeks, and I am without transportation?
   
• What does the Florida law say about wearing seat belts?
   
• Do I need a lawyer if I am involved in a car accident?
   

What should I do if I am involved in an automobile accident?

The first thing you should do is make sure that you are medically cared for if you are injured in the accident. Florida is a no-fault state. What this means is, regardless of who is at fault for causing an automobile accident, each party's insurance company pays their own property damage and medical bills. If you are injured as a result of an auto accident, you may file a claim against the offending driver if your doctor determines that you have sustained a permanent injury due to the accident. Once your injuries are cared for, it is important to contact an attorney so that you may be made aware of all of the entitlements that you may claim for your auto accident. These entitlements include a claim for property damage, medical services, out-of-pocket expenses and damages for pain, suffering, inconvenience and lost time from work.

What are the different types of automobile insurance coverage available in Florida, and what should I have in terms of coverage?

Since Florida is a "no-fault" state, frequently your automobile liability insurance will include coverage for personal injury protection (PIP), property damage (PD), medical pay coverage (MEDPAY) and bodily injury (BI) insurance.

Personal injury protection insurance pays for your medical bills if you are hurt in an accident. Your property damage coverage will pay for damage to your vehicle and usually has a deductible associated with it which is paid by you (i.e., you may have a $100, $250 or $500 deductible that you pay up front, and your insurance company pays the remainder of the amount for damages to your automobile). Some people elect to have med pay coverage which affords them additional medical coverage for their injuries if they are seriously hurt in an accident. Often times, you can also claim lost wages through your medical pay coverage if you miss time from work due to an auto accident. Finally, bodily injury coverage is that protection you purchase in the event that you injure someone else in an auto accident.

What is UM coverage?

UM, which stands for "under insured/uninsured" motorist coverage, is insurance that you purchase from your automobile liability insurance company to protect you in the event that you are hurt at the hands of an uninsured or under insured driver. Here's how it works: Let's say that you were involved in a car accident, and the person who caused the accident has no insurance. If you sustain injuries in the accident, your company will pay for your medical expenses under your personal injury protection coverage. However, if you have missed time from work or suffer a permanent injury due to the crash, the offending driver has no bodily injury coverage to pay you for your pain, suffering, lost wages and other expenses. In a case such as this, your own company would pay you from your uninsured motorist coverage under your own policy of insurance.

Uninsured motorist coverage is very cheap, and is a highly recommended coverage to protect you and your family members in the event that anyone in your household is injured at the hands of an uninsured driver. The law on uninsured motorist coverage is somewhat difficult, and it is highly recommended that you consult an attorney to apprise you of your UM benefits if involved in an accident caused by an uninsured driver.

People frequently think that, if they make a claim on their on uninsured motorist coverage, that their rates or insurance premiums will go up - such is not the case. UM coverage is a good investment, costs very little in terms of premium price, and affords you protection in the long run.

What happens if I am involved in an accident and my car is damaged beyond repair, or the repairs to my vehicle takes several weeks, and I am without transportation?

Another coverage that you can choose to purchase as part of your automobile liability coverage is rental car insurance. What rental car insurance provides you with is expenses for daily rental of an automobile during the time that your car is being repaired, or during the time following the accident when you are looking for a replacement vehicle. Rental car coverage, much like UM coverage, is very inexpensive, but provides you a good measure of protection in the event that you find yourself without transportation after being involved in a car accident.

What does the Florida law say about wearing seat belts?

Florida law requires that a driver of an automobile and all occupants in an automobile, wear seat belts and shoulder harnesses while traveling in the vehicle. The driver of the automobile is responsible to insure that all occupants of his motor vehicle are wearing seat belts and shoulder harnesses. If you are stopped by a law enforcement officer, and occupants of your vehicle are not wearing their seat belts, the driver may receive a written citation (a ticket) and fine for violating this law.

More importantly, if you are involved in a car accident, and do not have your seat belt on, you may not be able to recover for any injuries that you sustain, if it can be shown that the injuries would have been prevented if you were wearing your seat belt. Although seat belts cannot prevent accidents, seat belts do minimize the severity of injuries that occupants receive when involved in a collision.

Do I need a lawyer if I am involved in a car accident?

Yes. A lawyer can advise you about your rights, responsibilities and entitlements when you are injured in an automobile accident. If you are not represented by a lawyer, insurance companies frequently take advantage of an injured person's lack of knowledge of automobile liability law in getting injured victims to sign releases of claims for personal injury and property damage. A lawyer can help you resolve your property damage and personal injury claim, and can also investigate whether you have an uninsured motorist claim for injuries your sustain in a car accident.

Most importantly, a lawyer who is trained and experienced in personal injury law will be in the best position to help you with regard to obtaining a favorable result for your claim and can best answer your questions about lost wages, damages for your injuries and filing a formal claim on your behalf.