So you are injured…where do you turn for help. If you did not go to the hospital to see a Doctor then I suggest you start by seeing your primary care Physician. Even if your Physician cannot directly treat your injuries, he/she can usually direct you to the type of Doctor you need with a referral. If you did go to the emergency room and see a Doctor then you should follow that Doctor’s recommendations and referrals. In most accident cases the injuries a minor. They consist of sprained or strained muscles which can be treated with physical therapy or Chiropractic treatment. If your injuries are more serious you may need to see a Neurologist or Orthopedist. You should follow your Treatment Provider’s recommendations to ensure that you heal quickly and properly.

What about your damaged vehicle you ask? It is your duty to report the accident to your insurance company even if it is the fault of another. If you don’t you could lose valuable coverage. Your Insurance Company, your Lawyer or you may make the property damage claim to the at fault driver’s insurance. If the at fault driver does not have property damage coverage, or the coverage is not enough for your damage, then you can make a claim to your own property damage insurance. The insurance companies will send property damage adjusters to your vehicle for an estimate. They will usually send the vehicle to a body shop or mechanic as well. You may also get your own estimate if you wish. The estimate should then be presented to the applicable insurance companies who will usually agree to pay you the amount of one of the estimates in the form of a check written to you and/or your lien holder. If the car is totaled you will have to fight the insurance company for the full value of the car. Remember, if you don’t like what they are offering you, consult a Lawyer. Your insurance may allow for a rental car for the time it takes to repair or replace your car.

The final challenge is making sure your medical bills get paid. Every driver in Florida is required to carry PIP (personal injury protection) insurance. This insurance covers up to $10,000 of medical bills and lost wages. This is always your first choice for paying your auto accident related bills. Your second choice is your health insurance. Unlike PIP, you have to pay your health insurance back from you settlement at the end of your case. This is called subrogation. Your Lawyer can issue a Letter of Protection to your Health Care Providers which says if they take care of you now that they will get paid when you recover from the at fault driver’s insurance.

In closing I would like to say that I always recommend getting a Lawyer. A good Injury Lawyer will guide you through the process and ensure that you make informed decisions. The Lawyer can also help manage your medical bills and in many instances reduce them. The are hundreds of studies out there that show that Injury Attorneys recover enough money to cover their fees and still put more money in your pocket than you can by yourself. Most Injury Attorneys work on a contingency fee which means if you don’t win you don’t have to pay them.

Personal Injury Protection (PIP) is the most common insurance upon which auto accident injury claims are made. In Florida, a no-fault state, every motorist is required to have PIP. Typical PIP coverage will pay 80% of your accident related medical bills up to the policy limit. Most PIP policies have a $10,000 limit per accident. PIP can also be used to pay up to 60% of your accident related lost wages. Once PIP is exhausted you will need to find a way to pay the 20% outstanding as well as your bills over and above the $10,000. Your Accident Attorney can advise you on this.

Bodily Injury Liability Insurance (BI) is optional coverage which is used to pay the medical bills of the person who is injured. A Tampa Accident Attorney will prepare and file a claim for the bodily injury limits of the person who injured you. This usually happens after your Doctors write their final reports regarding your accident related injuries.

Un or Under Insured Motorist Coverage (UM) is also optional coverage which protects the injured person when the at-fault person does not have enough insurance to pay the bills. I think that this is the most important coverage you can have for your family. If you are in an accident with an under insured person this coverage could be the difference between thousands of dollars in medical bill debt and thousands of dollars recovered for your injuries. This claim is made by an Injury Attorney after all of the above listed coverage is exhausted.

Health Insurance should be your last option for paying your accident related bills. Be sure to ask your accident lawyer about using this coverage. If you use your health insurance to pay your auto accident bills you will have to pay your provider back from your recovery. This is called subrogation and it is the law in Florida. For more details on using health insurance for your accident case you should speak with a Tampa Accident Lawyer.

If you have been injured in an auto accident you should seek the advice of an experienced auto accident attorney. It could be the difference between winning and losing your case.

Car accidents can cause injuries that cost hundreds of dollars to hundreds of thousands of dollars in medical expenses. Therefore, you need insurance that can cover those bills and then some. I reccomend that your car insurance policy contain the required PIP and property damage coverage as well as bodily injury and UM insurance.

Bodily Injury coverage is used to pay for the medical bills and injuries of someone who is injured by you in a car accident. I reccomend at least $100,000 in bodily injury coverage, but if you can afford it go to $250,000. This will help to protect you from being sued personally.

UM (Un or Underinsured Motorist Coverage) is the coverage that protects you, your immediate family and your passengers in a situation where the person who caused the accident had no or inadequate coverage. I reccomend that your UM coverage be the same as your bodily injury coverage. The minimum amount should be $100,000 but if you can afford it go for $250,000. Remember this coverage protects the ones you love so don’t let your agent talk you out of it.

Remember, everyone in Florida must carry car insurance coverage.  The specific amounts policies cover vary.  There is a required coverage that’s a must in Florida, the $10,000 PIP coverage.  It may have a deductible or it may have no deductible at all.  Hopefully you never need your PIP coverage.  If you do have a deductable, remember having one can cause problems in receiving treatment promptly sometimes.  All policies after January 1, 2008 will be amended according this new version of an old law.  Not only that, but if the old policy didn’t have personal injury protection it will be rewritten to have it after January 1, 2008.  The new forms, or rates, are in force on everyone’s policies in Florida.  Check with your insurance agent to make sure you have proper coverage.

An important side note is the fact that any accidents occurring between December 31, 2007 and January 1, 2009 will be limited in the scope of the tort, a legal wrong.  This will be for all involved party’s policies, unless these policies meet the requirements in effect as of September 30th of 2007.  Why one may ask. Simple, there was a window of a few months where the Florida Motor Vehicle No-Fault was repealed until December 31, 2007.  Insurers during this time frame weren’t required to notify the Department of Highway Safety and Motor Vehicles about anyone’s status on the personal injury portion of their policies. Drivers didn’t escape the need to carry this type of insurance though during that period of time.

Now that everyone in Florida is long past this transition period, everyone’s policy should be correctly written with the required PIP feature.   Motorcyclists are not required to carry PIP.  Pure and simple PIP coverage is required by law.

There is another required provision in Florida that PDL, or Property Damage Liability, must be carried by drivers also.  One cannot even buy a four wheeled vehicle without showing both PIP and PDL coverage.  No license plate can be transacted until proof of these is given on the driver and the vehicle.  Car owners and drivers cannot escape responsibility for maintaining the property damage liability coverage that is required by law.
 
Under Florida’s Financial Responsibility Law every driver in Florida must have Bodily Injury Liability coverage for two or more people.  In addition, there must be coverage for Property Damage Liability with Combined Single limits at least $30,000.  Florida requires drivers and vehicle owners to maintain coverage before an accident occurs and before a DUI occurs resulting in a license suspension.  One must have this type of insurance in force if one is a habitual traffic offender or has too many points against their driver’s license.  Of course this includes any other serious violations beyond what has been mentioned here.

There are no loopholes in either the No-Fault Law or the Financial Responsibility Law.  Both must be carried throughout the given registration term of a vehicle; no exceptions.  If there are any concerns you have consult your insurance carrier or a competent accident attorney who knows personal injury law in Florida.

       In Florida if you drive a motorcycle you are not required to carry PIP or personal injury protection insurance.  If you drive any other vehicles it is required coverage in Florida.  Even if you reside in another state it may be a good idea to have personal injury protection, for example if you hit a non-moving object like a tree.  Check with your insurance professional to be sure and if there still is a question consult a personal injury attorney or auto accident attorney where you plan to drive.

 As long as both parties own vehicles and live in Florida it is pretty clear cut about insurance coverage.   First, if a passenger lives in Florida and someone has a vehicle in their household, that policy’s PIP would be paying first then the driver’s PIP second.   There may be additional insurance available to be claimed against, for example some sort of a risk management policy commercially.  There are exceptions and can be further explained by your insurance professional or a competent personal injury accident attorney who knows this area of the law well.   If you are planning to visit Florida check with your insurance company to be clear on your coverage while you are visiting. 

 Actually, the most important thing to keep in mind is that if one is involved in an accident the legal requirement is to quickly notify the local police department, the highway patrol station or the county sheriff’s office.  The usual information is required and needs to be easily available, which includes driver’s license, registration and proof of insurance for all parties. It is required by law to give all information previously listed and assist in giving aid at the accident scene as may be required by investigating and attending officers and medical personnel.

 Keep in mind that giving reasonable assistance to any injured person in an accident you are involved in is required in Florida. Check with a competent accident attorney who can clarify any associated risks in doing so and effects in failing to provide reasonable assistant to injured parties in the accident.  It should be clear this is significant and may differ from other states in the country.

 Under no situation or circumstance should a driver involved in an accident leave the scene of an accident without a police official or officer releasing them to so.  For example, if anyone is killed in the accident a driver leaving the scene of the accident may be convicted of vehicular manslaughter carrying a First Degree Felony and a possibility of up to a $10,000 fine and includes as much as 30 years of imprisonment.  If drinking or the influence of drugs is involved the outcome is more severe and may be compounded by other facts.

 Another issue to be concerned with is property damage exceeding $500, which needs to be reported. This amount doesn’t take much to be met.  Backing into someone’s car at 10 miles per hour can actually cause this much damage.  It has been reported in low speed accidents that drivers taking their eyes off the road for as little as 10 or 15 seconds can unintentionally total their car and cause property damage.

       When in any state, Florida included, consult with a professional to get legal advice to know your responsibilities and risks while enjoying your visit.

Take action and…

Go to the doctor or emergency room, regardless.  Sometimes injuries can be severe and not feel like anything because of shock.  Be safe and be careful by doing this first. Waiting can be bad for many reasons; one being your injuries can become worse by waiting to get treatment.

Second, get copies of the accident report from the reporting officers and any medical billings from your accident.  This may take a little time, but get the process started or have a friend or loved one help you to do this.

Third, as soon as possible, write down everything you can recall about the accident, including where you were going and your frame of mind at the time.  In time details can become vague for some people.  Write them down as soon as you are able to.

There are other things you will want to do after your accident if you’ve been injured.  If you are injured severely, others most likely will be helping you. This will include an attorney and members of his staff.  Make sure you have your insurance information together, as well as the other driver’s, if possible.

Finally, create a list of questions for the attorney regarding your concerns and fears about the accident.  The attorney will answer them or refer you to one who can address them properly.  The questions that are easiest to get answered are in finding out what information and documents you can get together in your case.

Keep in mind…

If a driver can afford insurance without a deductible it works out best and makes the process after the accident somewhat simpler.  However, if you have been injured in your accident you may not be able to do much. Then you must rely on others, including the police to provide this support information.   Getting an accident report to document what happened will be important for an attorney to start their work with for you.  In addition, the date of the accident and the police department handling the accident, as well as who conducted the investigations are all important facts and starting points.  In regards to the other driver’s car, write down the make and model, including the tag number and vehicle identification number from the registration, if you are able to do so.  Provide the same information on your own vehicle to the other driver, if possible.  Contact your own insurance company as soon as possible. Seek independent counsel from an attorney to understand your rights and responsibilities in any accident situation.

Insurance company contact…

Expecting your insurance company will handle everything may actually be true; however many times this isn’t the case.  It may take more work on your part to get everything handled correctly with an insurance company.  Your insurance company or the other party’s insurance company may want a personal statement from you and want to record it. You can refuse to do this, especially if you have not contacted an attorney who will advise you about doing or not doing this as well as other matters regarding your accident or personal injury case.

First, don’t try to tell yourself you are OK.  You may feel fine and still be injured.  Many times medical testing with X-Rays, CT’s or other tests can reveal unknown injuries.  Some may be serious, like back injuries or internal bleeding.  The internal injuries may have occurred in your accident and may be unknown directly after the accident; due to the likelihood most people have some level of shock after an accident.  Auto accidents and the associated injuries are known to be complex.

Second, try to avoid making comments as the shock of an auto accident can be very unsettling.  People can say things that are inaccurate or emotional and may be inaccurate at the time.  Examples are in attempting to be responsible by claiming it is either your fault or the fault of others that are involved.  Perhaps you blurt out that you probably shouldn’t have been going so fast or perhaps that you were late to an appointment or in a hurry for some reason.  These statements may be true, but there are always other factors involved.  Some may only become known upon further investigation.  If at all possible, try to be reflective and composed.  It may be hard, but your initial comments may be prompted by shock and emotion and not based in facts.  One needs to refrain and avoid talking unnecessarily after an accident.

And the third thing is to avoid blaming the other people involved in the accident for causing it.  It may be possible you are partially at fault, maybe not though.  Others may be more at fault, but leave the communication with the involved parties to the auto accident lawyer handling your case.  Any competent attorney knows how to handle these types of communications, appropriately and professionally.  By doing so, you will be represented and protected from needless mistakes and unnecessary additional problems later.  The accident is enough disruption to your life without aggravating yourself and others further, especially at a stressful time.  Remember, stay calm if possible.

Of course, the most important thing is do is not to leave the scene of your accident until you have been cleared to do so by a law enforcement official.  If you are injured you will need to trust police and medical personal attending to the accident.

To sum it all up, first do not tell anyone you are OK, when you don’t know if you are injured or not.  So, do not put off getting examined by medical professionals if you feel you may have been injured in the accident, get examined.  You have a right to emergency medical treatment in an auto accident situation, regardless.  Second, avoid talking beyond brief comments to police and paramedics, as you may be in shock after the accident.  Third, do not blame yourself or others at the scene, accidents happen, so try to remain as composed as possible.  Also, remember do not remove anything from the accident scene until police or investigators give you permission to do so.  Keep in mind not give any recorded statements until consulting an attorney.  You have the right to consult an attorney.