Miami Injury Lawyer

1. Do I have to call the police after an accident? There is no law that requires you to call the police after an accident, unless someone is injured. If there is visible damage to either car, or if anyone is injured, you should call the police and make a report.

2. Does it matter who receives the ticket? A ticket does not determine who was at fault. In fact, a ticket cannot be used as evidence at a trial to determine fault. The person who receives the ticket is often at fault, but not always. In many instances fault is shared among two or more drivers. With that said, as a practical matter, insurers often make initial decisions on who should pay for damages based on who received the ticket.

3. Who pays for damage to my car? This depends on your insurance and who was at fault. If you caused the accident, your only option is your own insurance. If the accident is your fault and you have no collision coverage, no one pays for your car. If the other driver is at fault, you can use their insurance. If you have collision coverage and the other driver is at fault, you can choose to use your insurance, or the other driver's insurance.

4. Who pays my medical bills? That depends on who was at fault and what insurance you have. If you own a car, you are legally required to have Personal Injury Protection (PIP coverage). This car insurance pays 80 percent of your medical bills up to the PIP limit. This coverage will pay no matter who was at fault, that is why it is sometimes called "no-fault" coverage. If your bills exceed the PIP coverage, other available insurance such as Medical Payments coverage, Workers Compensation coverage or Health Insurance may cover some of those bills. Those types of insurance pay regardless of who was at fault. When your bills exceed available insurance, then fault becomes an issue. If the accident was your fault, these excess bills come out of your own pocket. If the accident was the other drivers fault, you have a claim against the other driver for the unpaid medical bills.

5. What does Personal Injury Protection cover? It covers 80 percent of medical bills and 60 percent of lost wages until the coverage limit is exhausted. It may also pay certain other expenses related to the accident, such as home help and travel expenses for attending doctor visits. The typical limit for Personal Injury Protection is $10,000.

6. Do I have a bodily injury claim? If the accident is your fault, no. If the other driver is at fault, maybe. A bodily injury claim is often referred to as a claim for pain and suffering. In Florida, you can only bring a bodily injury claim when you have suffered a permanent injury. A severe fracture, an injury requiring surgery, a bad scar and some soft tissue injuries would qualify. Soft tissue injuries, such as neck and back sprains, are more difficult to prove than a fracture or scar, but they may still qualify as a permanent injury.

Continue reading "Frequently asked Questions - Florida Car Accidents" »

A common issue in bodily injury or wrongful death vehicle accident claims is who pays for the damage to your car? If you have Collision Coverage as part of your automobile insurance coverage, you usually have the option to choose either your insurance, or the at fault driver's insurance to pay for your vehicle damage.Collision Coverage is optional in Florida, in fact, most insurance coverage is optional in Florida. The minimum automobile insurance requirement in Florida is only $10,000 of Personal Injury Protection (PIP) and $10,000 of Property Damage (PD) coverage. Remember, the mandatory Property Damage coverage only pays for damage to other people's property, not damage to your own car.

I often help client's choose the best method for getting the vehicle damage resolved while handling their personal injury claim. There are several factors that influence my recommendation on the choice between your insurance or theirs.

Fault is the key factor in the choice of which insurance to use. If you caused the accident, it was your fault, the other driver's insurance has no obligation to pay for your vehicle. In that case, your only option is your Collision Coverage. If the accident was your fault and you have no Collision Coverage, the unfortunate fact is that you pay your own vehicle damage out of your pocket.

When the other driver is clearly at fault, you can consider using the other driver's insurance to resolve your vehicle damage claim. If fault is not clear, I strongly advise clients to use their own insurance. The other driver's insurer only has to pay your vehicle damage when the crash was their fault so if fault is unclear, they may refuse payment, or offer some compromise amount based on the disputed fault. On the other hand, your Collision Coverage pays regardless of fault. It is important to remember that determining fault is not as simple as who received the ticket. In Florida, the crash report and ticket are not admissible in a civil trial per Florida Statute § 316.066(4). For fault to be clear, it usually requires physical evidence, like skid marks, or independent eyewitnesses.

It is my practice to encourage people to use their own Collision Coverage in all instances. Typically, using your own insurance is faster and easier. Using your own coverage also avoids any discussion or debate about who was at fault. If you use the other driver's insurance to pay collision damage, this may obligate you to give a statement to the other driver's insurer. You are already required to by contract to give your own insurance a statement.

Continue reading "Who Pays for the Damage to Your Car After a Florida Accident - Your Insurance or Theirs?" »