car & Auto accident law faq

Auto Accident Attorneys in Ft. Lauderdale, Miami & West Palm Beach

What should I do if I am involved in a Florida traffic accident?
As soon as possible after the accident, take notes about who, what, when, and where your Florida traffic accident occurred.  If there were any witnesses, you will want to obtain names and phone numbers.  Retain a copy of the police report or drivers exchange and be as detailed as possible.  Keep track of all medical providers that you saw because of the injuries you sustained because of this Florida traffic accident. 

Get pictures of the location and the property damage.  If you are unable to obtain the pictures, notify one of our Florida auto accident attorneys and we can arrange for one of our private investigators to document the accident and the property damage.  

Besides rear-end collisions, are there any liability patterns in traffic accidents?
A car making a left turn is almost always liable to a car coming straight in the other direction.  Exceptions to this near-automatic liability can occur if:

• The car going straight was going too fast (usually difficult to prove)
• The car going straight went through a red light
• The left-turn car began its turn when it was safe, but something unexpected happened which made it slow down or stop the turn

Regardless of contributing factors, the law says the car making the left turn must wait until it can safely complete the turn before moving in front of oncoming traffic.  The location of the car's damage can make it difficult for the other driver to argue that the accident happened in some way other than during a left turn.  In an accident in which you ran into someone making a left turn, the other driver is nearly always liable.

Can I be found liable if my car is rear-ended in a crash?
In Florida, each driver has a responsibility to maintain safe control of their vehicle at all times when they are driving.  If you are involved in a rear-end collision in Florida, the rear-end accident is usually that driver's fault.  Drivers must travel at a safe distance away from the vehicle in front of them.  The obvious is always an indicator as well, if the other car's front end has damage and your car's rear end is damaged, there can be no doubt that you were struck from the rear.  

Common sense dictates that vehicle damage proves how the rear-end accident happened.  This can get somewhat confusing when there are multiple rear-end collisions such as three, four, or five car pileups. 

What if the cause of a traffic accident is not clear?
Many times, the cause of a traffic accident is simply not as clear as our example above of a defendant running a stop sign.  What if you were traveling with the flow of traffic, and as you merge into the lane to your right you crash into another vehicle that was merging into the same lane.  Who would be at fault?  When circumstances are not that clear, our Florida traffic accident attorneys and private investigators can help to determine responsibility in your crash so that we can best represent your position with the insurance company or attorney.

Didn't Florida's No Fault go away?
No, the insurance requirements under Florida's Motor Vehicle No-Fault Law did expire on October 1, 2007, but the requirement for all Florida drivers to carry personal injury protection (PIP) coverage was reinstated on January 1, 2008, per Florida law. 

Can I receive money even if the accident was my fault?
In Florida, regardless of fault, if you have PIP insurance, your PIP carrier may be held responsible to pay the first $10,000 of any claim that is related to the motor vehicle accident. 

Should I accept a check from the at-fault driver or insurance company?
Not before speaking with an attorney.  Accepting a check may be construed as a settlement that prohibits you from obtaining any additional amounts from the at-fault driver or his or her insurance company.  Do not accept a check or sign a release from an at-fault driver or his/her insurance company until after you have conferred with a personal injury attorney. 

Typically, an attorney will encourage you to wait until your medical treatment is complete before accepting a check.  That way you know you have received an amount that adequately covers your medical bills and other damages.  An insurance adjuster may push you to settle the claim for the lowest possible amount and may discourage you from contacting a Florida car crash attorney.  If so, you should ignore his or her advice, and consult a qualified Florida personal injury attorney immediately before accepting any payment, signing any release, or otherwise settling your claim to ensure that you are receiving fair compensation and not jeopardizing your right to a full and fair recovery.  

How soon must I bring my claim?
In Florida, you usually have four years to bring your personal injury action.  Even within Florida, the time period may vary depending on the circumstances surrounding the accident, such as the plaintiff's age, the type of personal injury claim, the particular facts giving rise to the injury, and when the injury is discovered.  You must be certain that you know the time limitation, also known as the statute of limitations that applies to you, or you risk jeopardizing your legal rights.

Do I have to see a doctor?
If you, or a family member were injured in Florida as a result of a car accident, motorcycle accident, bus accident, taxi cab accident, jitney accident, or any other motor vehicle accident, you should seek medical attention immediately.  Whether or not you have a claim, you should be examined by a doctor for your own peace of mind and to document the injury to support your claim.  Many times after an accident, injured parties do not report immediate injuries; however, after your adrenaline calms down your actual injuries become more apparent.  Whenever symptoms first appear, go to your family doctor, a hospital emergency room, or another medical professional to obtain medical help.

Will I have to go to court because of this car accident?
Not necessarily.  This is the biggest misconception in Florida personal injury cases.  Many people think that you need to sue someone to get a settlement in a car accident, motorcycle accident, truck accident, or trailer accident case.  In many cases, we are able to get a settlement without filing an actual lawsuit.  A pre-trial settlement avoids the costs and delays of a trial and may result in a greater net recovery.  However, if the case cannot be settled on satisfactory terms, it may be necessary to go to trial.

Who can I sue to recover my damages?
In some cases, an accident victim may be able to recover monies or sue parties other than the at-fault driver.  For example, if the at-fault driver did not own the car, the car's owner may also be liable for your damages.  If the at-fault driver was impaired from consuming too much alcohol, you may be able to bring a dram-shop complaint against a business that served alcohol to the driver even though he was visibly impaired, as well as punitive damages. 

In some cases, you may be able to bring an action against another party, such as an automobile manufacturer or construction company, if a defect in the vehicle or the roadway caused the accident.  If the accident involved a tractor-trailer, the driver's violation of rules and regulations may be the basis for a lawsuit against the driver or his or her employer.  Many times, we can successfully resolve a majority of cases with negotiations and without the need for an actual lawsuit.

What is my case worth?
We are asked this question almost every day.  The answer is usually unknown, however the value of a case depends on a variety of factors and cannot be determined without analyzing information regarding the injury, medical bills, loss of income, out of pocket expenses, and permanency of the injury.  There is no rule of thumb, and each set of facts results in a different amount of damages.

What does property damage liability cover and under what conditions?
Property damage liability coverage, which is also required under Florida law, pays damage (up to the limit of the policy) that you or anyone covered under your policy cause to another person's property with an automobile.  It only covers damage for which you or anyone insured under your policy are legally liable.

If I am in an accident, will my lost wages be covered?
The short answer is yes, PIP will cover up to 60% of disability benefits for lost gross income and earning capacity, after payment for medical expenses, up to the $10,000 limit.  This assumes that you followed Florida law and you had valid PIP coverage on you policy at the time of the accident.

If I have health insurance coverage, do I really need auto insurance coverage as well?
Yes.  By law, you must carry a minimum of $10,000 in PIP coverage and $10,000 in property damage liability coverage.

What happens if I am injured by an at-fault driver who does not have auto insurance?
PIP will cover medical payments, up to the limits stated above, for you and each passenger in your vehicle regardless of who is at fault unless the passengers in your car maintain their own Florida PIP coverage.