FAQ
The following questions are answered in generalities and may not necessarily apply to a particular set of facts. Since the law is continually changing, some information may no longer be applicable. It is always best to consult an attorney about your legal rights regarding your particular case.
- What steps should I take if I have been in an automobile accident?
- What if I believe that a vehicle or tire defect contributed to the accident or caused my injuries to be more severe than reasonably expected?
- What if safety equipment failed and caused my injury? Do I need to preserve the entire vehicle?
- Who pays to repair the damage to my vehicle?
- Do I have a personal injury case against the other driver?
- Will I have to file a lawsuit to recover the costs of my damages?
- What will it cost to retain your firm to bring a personal injury case on my behalf?
- What is my case worth?
- What amount of automobile insurance coverage is required in Florida?
- What is Personal Injury Protection or PIP (also called no-fault coverage)?
- Does it matter if the accident occurs in Florida or out of state?
- Does PIP cover me while riding a motorcycle?
- What if my insurance company refuses to pay my bills and lost wages in a timely matter?
- What other types of optional insurance coverage are available?
- What is underinsured/uninsured (UM) coverage?
- What would you recommend for automobile/motorcycle insurance?
- What do I choose: Stacked or Non-stacked UM?
What steps should I take if I have been in an automobile accident?
Call the police to report the accident and make sure you keep a copy of any paperwork given to you by the police officer at the scene of the accident. If you are injured, seek medical treatment immediately. If possible, write down names, addresses and phone numbers of any witnesses in case you need to contact them later. Call your insurance company and agent immediately and notify them about the accident. If you do not report the accident to your insurance company, the insurer may deny payment of your claim. Make sure that there are photographs of your injury and the damaged vehicle. Finally, you may want to consult with an attorney if you have questions about your legal rights.
Top of page
What if I believe that a vehicle or tire defect contributed to the accident or caused my injuries to be more severe than reasonably expected?
If there is any chance that your vehicle or tire was defective and was the cause of significant injury or death then the entire vehicle, any other vehicles involved, and the accident scene must be preserved as evidence in a product liability case. It is essential that as soon as possible after the accident that an expert document the accident scene by surveying/measuring and photographing the entire area including skid marks, location of accident debris, trip/yaw/roll marks on the pavement/road shoulder, location of impact(s) and final vehicle rest.
Top of page
What if safety equipment failed and caused my injury? Do I need to preserve the entire vehicle?
Yes. Even if you had a defect with a seat/seatbelt failure, or a defective helmet, the entire vehicle or vehicles should be preserved. This is true because the condition of the vehicle, such as the amount of crush, can be measured to determine the amount of force involved in the accident (Delta-V or change in velocity). If you have a case involving airbag deployment or non-deployment the entire vehicle must be preserved because the sensors that trigger an airbag are located in the vehicle along with the vehicle data recorder or “black box”.
Top of page
Who pays to repair the damage to my vehicle?
If you are at fault for the accident and you have collision coverage, then your insurance company pays for the repairs (less your policy's deductible). You are responsible for paying the deductible amount, if any. If the damage to your vehicle is a result of the error or negligence of someone else, then their insurance company is responsible for paying the full amount of the repair costs. Even when the other driver is at fault, his or her insurance company may deny responsibility or deny that its insured is at fault. In this situation, you may have to submit the claim to your own insurance company and pay your deductible. If it is later determined that the other driver was at fault, then his or her insurance company would be responsible to reimburse you for your deductible.
Top of page
Do I have a personal injury case against the other driver?
Questions often arise after a motor vehicle accident, such as "Who is responsible for my damages", "What are my rights?", and "Do I have a case?". It’s best to consult with an experienced and licensed attorney to get specific answers to these questions. Generally, it depends on whether or not the other driver was at fault for the accident and whether the accident caused your damages. Damages typically include the amount of your past medical bills, the amount of future medical bills, past lost wages, loss of earning capacity in the future, and pain and suffering if your injury is permanent.
Top of page
Will I have to file a lawsuit to recover the costs of my damages?
Possibly, but many cases do settle prior to a lawsuit ever being filed. In the past several years, however, many insurance companies have begun to aggressively defend these types of claims. In any event, we will ensure that the client is advised about all options and provide the client with all the necessary information and guidance to make an informed and knowing decision about whether to settle or file suit.
Top of page
What will it cost to retain your firm to bring a personal injury case on my behalf?
The Florida Bar has approved a contingency fee contract that is utilized by our attorneys. If there is no recovery, there will be no cost or attorney fees whatsoever to you. If there is a recovery, our fee will be based upon a percentage of the recovery and reimbursement for our costs.
Top of page
What is my case worth?
Because the facts of each case are unique, there isn’t a formula to determine exactly how much a case is worth. However, based upon our experience, we can generally advise you as to the range of value of your case once the attorney is able to get all the medical records and evaluate the amount of your past medical bills, the amount of future medical bills, past lost wages, loss of earning capacity in the future, and the degree of pain and suffering, if any.
Top of page
What amount of automobile insurance coverage is required in Florida?
If you own a motor vehicle in Florida, you are required by law to carry a minimum of $10,000 of personal injury protection (PIP) coverage and $10,000 of property damage liability (PDL) coverage. Florida law also requires part-time or seasonal residents living in Florida at least 90 days of the year to carry PIP and PDL.
Top of page
What is Personal Injury Protection or PIP (also called no-fault coverage)?
If you are in an automobile accident, PIP covers you up to the limits of your policy, regardless of who is at fault. Typically, PIP pays 80 percent of medically necessary expenses, 60 percent of lost wages, 100 percent of replacement services (such as child care, housekeeping or yard work), and $5,000 for death benefits. For accidents occurring in Florida, PIP covers you and members of your household, certain passengers who are not required to carry their own PIP, and certain licensed drivers who drive your vehicle with your permission. Someone who is a passenger in your vehicle who has their own PIP coverage should receive benefits from their own insurance company. Your PIP will cover a person injured in your vehicle who otherwise does not have access to PIP or does not own their own vehicle.
Top of page
Does it matter if the accident occurs in Florida or out of state?
In Florida, PIP coverage protects you while in your own or someone else’s vehicle. It also protects you as a pedestrian or bicyclist if you suffer an injury in an accident involving contact with a motor vehicle. For accidents occurring out of state, PIP only covers you and other members of your household for accidents occurring while driving or riding in your own vehicle.
Top of page
Does PIP cover me while riding a motorcycle?
No. Florida law specifically excludes motorcycles from coverage under PIP. Motorcycle insurance requirements are covered under Florida Statute 316.211 which requires motorcyclists to wear a helmet that complies with Federal Motorcycle Vehicle Safety Standard 218 promulgated by the U.S. Department of Transportation unless they are over 21 and covered by at least $10,000 in medical benefits for injuries caused by a motorcycle accident.
Top of page
What if my insurance company refuses to pay my bills and lost wages in a timely matter?
Medical benefits are required to be paid within 30 days of the insurance company’s receipt of the bill and lost wages should be paid every two weeks. Sometimes insurance companies fail to pay PIP benefits within the time period prescribed by law. On some occasions, it is just an oversight or mistake made by the insurance company. In other cases, the insurance company intentionally refuses to pay benefits or denies that you have any PIP coverage at all. In any of these situations, it may be necessary to file a lawsuit to secure payment of the PIP benefits you are lawfully due. If you have questions about a denial or reduction of PIP benefits, you may need to seek the advice of an attorney familiar with this area of the law. If an attorney has to file a lawsuit to obtain payment of the benefits, and subsequently wins the lawsuit, the attorney will be entitled to recover attorney fees and costs from the insurance company.
Top of page
What other types of optional insurance coverage are available?
Many drivers purchase additional insurance coverage, such as bodily injury liability, collision, comprehensive, uninsured motorist, medical payments, towing, rental reimbursement, and accidental death and dismemberment. Although these types of coverage offer more protection, you are not required by law to have these additional types of coverage. However, if you lease your vehicle, or if required by your lender, you may have to obtain these additional coverages. To protect yourself from uninsured drivers, it’s a good idea to have collision coverage that will pay for damages to your vehicle and underinsured/uninsured motorist coverage if you are injured because of the accident.
Top of page
What is underinsured/uninsured (UM) coverage?
Bodily injury liability coverage, mentioned above, pays for serious and permanent injury or death to others when you cause an accident involving your automobile. Because many drivers do not have bodily injury liability coverage, it’s a good idea to purchase UM coverage. UM coverage will pay for bodily injuries to you, your family members and any other person occupying your covered automobile, should they be injured in an accident caused by the negligence of another. UM coverage pays in cases where the at-fault party has no liability insurance, where the at-fault party doesn’t have enough liability coverage to adequately pay for the damage incurred, or when the injuries result from a hit-and-run vehicle.
Top of page
What would you recommend for automobile/motorcycle insurance?
Florida does not require its motorists to carry BI (bodily injury liability) coverage. By definition owners/drivers with state minimum coverage are uninsured for injures they cause to other drivers. Most states require motorists to carry a minimum level of BI coverage. As an example, Georgia and South Carolina require $25,000 BI. This puts Florida in the embarrassing position of protecting property more than people.
What this means for you is that you must protect yourself and your family by ensuring that you carry UM coverage. Not only are a large portion of Florida drivers uninsured, but those drivers carrying only the state mandated minimum coverage do not carry insurance coverage if they cause bodily injury.
In order to get UM coverage, you must carry BI liability coverage. You cannot carry more UM coverage than your BI limits, but you may choose lower limits. UM coverage is relatively less expensive compared to BI liability coverage and it is the most important coverage you can carry on your automobile policy.
Top of page
What do I choose: Stacked or Non-stacked UM?
There are two types of UM coverage available: “stacked” and “non-stacked.” “Stacked” coverage is slightly more expensive but the benefits it provides over “non-stacked” are enormous. The basis of “non-stacked” UM are as follows:
- The maximum recoverable amount never exceeds the limit on one vehicle. Example: 100/300 “non-stacked” provides $100,000 for a limit, where “stacked” 100/300 with 3 vehicles would provide coverage of 100/300 times 3 or 300/900 with $300,000 for a per person limit.
- A policy does not provide coverage for injury in any vehicle owned by the named insured or a family member unless it is insured for UM under that same policy. (“Stacked” includes coverage on owned-but-not-insured autos; “non-stacked” does not.)
- A named insured’s or family member’s maximum recovery, for injuries while occupying non-owned vehicles or while not occupying a vehicle, is the limit applicable to any one vehicle insured by the named insured or family member.
- If injury to a named insured or family member occurs in a non-owned vehicle, coverage under their own policies is excess.
Suffice it to say when choosing UM coverage, elect “stacked” coverage in the highest amount you can afford. One situation in particular that shows how much better stacked coverage is versus non-stacked UM occurs when a motorcycle rider carries no motorcycle insurance, but has stacked UM on his automobiles. With stacked UM the rider is covered on his motorcycle, with non-stacked UM there is no coverage for the motorcycle.
Top of page