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November 30, 2021

How to get car accident compensation in Florida

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A car accident is never an event anyone looks forward to. The aftermath can be pretty daunting, especially for your pocket. But it doesn’t have to be so. You can lessen the pressure on your finances by getting compensation.

Can You Get Compensation for a Car Accident in Florida? 

It really depends on who was at fault. You can get decent compensation for a car crash with the proper channels, if you were not the one at fault. This guide will show you how to get compensation and answer some of the questions you may have.

Process of Getting a Car Accident Compensation in Florida

First things first, you have to prove that you were involved in an accident. If you don’t have evidence of the accident, it will be hard for you and your legal team to work around compensation. How do you get proof? Take pictures of your car, the accident scene, and any injuries you might have encountered.

After you have enough evidence, call the police. The police’s presence at the scene is crucial as it helps to establish facts in case of future disputes. You would also need the official police report as part of the documents you will bring to your attorney’s office. It will strengthen your case. If there is no police station close by, contact the Sheriff’s Office or the Florida Highway Patrol team.

Do not leave the scene as you wait for the first respondents and law enforcement to arrive. By Florida law, you should remain at the scene. You can leave the scene once the police clear you. Do not post on social media unless you speak to a legal practitioner first.

Seek medical attention ASAP before doing anything else. You might still be in shock, so some symptoms might not appear right away.

Your next call should be to your car insurance company. They expect you to file an accident report as soon as it happens. If you don’t do this, you may be losing a massive chunk of your expected compensation already. Once this is done within 24 hours, you can contact a car accident attorney in Florida.

A car accident attorney will help you investigate and corroborate all your facts. In Florida, the state would treat only claims above $500 accordingly. So if total damage due to the crash isn’t up to $500, then it’s very likely your lawyer won’t be able to do much.

A quote or estimated bill from your mechanic will also help you know how much your car damages could cost. Couple this with your medical bills, and you have a rough figure you and your accident attorney can work with.

Calculation of Possible Compensation

Florida operates a no-fault insurance system. This system means your insurance company, not the other party’s insurance company, is responsible for covering the cost of damages. But there’s a catch here. Insurance companies are not ready to pay compensation that easily. They have to analyse and fact-check the situation before they release the money to you.

If you have an insurance coverage of $10,000 or more, then you can go ahead to pursue compensation under the law. Note that your insurance company may subtract a fee, known as a deductible. This deductible is the money an insurance company takes for giving you insurance.

Insurance companies won’t cover all your property damage and medical bills. They can only cover or foot 80% of all medical bills and 60% of property damage. With this information, you can work out how much you’re expecting from the insurance company.

After Contacting my Insurance Company, What Next?

After your attorney reaches your auto insurance company, the compensation process begins. Depending on the peculiarities surrounding your case, settlement may take a few weeks or years. 

Some complex cases need to be thoroughly investigated and may take longer than more straightforward cases. When they conclude the investigation, the insurance company will prepare your compensation and send it as a check.

Can I Sue The Faulty Driver Under Florida Law?

In many instances, you can sue the other driver or drivers at fault for damages under Florida law. However, two conditions would prevent you from taking up such a case:

  • Total damages are less than $10,000: If the personal injury and property damage amounts to $9,999, you can’t sue the other driver even if he is at fault. You can contact their insurer if the estimated damages are up to $10,000 or more. This figure includes pain and any mental trauma experienced by your or your fellow passengers.
  • Negligible damage:

If there is negligible damage, the other driver won’t be responsible if you incurred minimal damage due to the accident. However, if you incur permanent injury or death of a fellow passenger, then you can sue the at-fault driver.

What Are The Types of Car Compensations I Can Receive in Florida?

In Florida, you can receive two types of car compensations: personal injury compensation and property damage compensation. As long as you register your car in the state of Florida, you should opt-in to a plan that covers at least $10,000 each on both types. If you don’t have these plans, your total compensation might be less. 

Without any form of coverage, you simply can’t get compensation under Miami car accident laws. After you have contacted your insurance company, put in a personal injury claim. This initial contact helps you to maximize the amount of money you can obtain.

What If I Have No Injuries in a Car Accident?

The fact that you were not injured doesn’t mean you can’t get compensation for your damaged car. If your vehicle is visibly damaged, approach the other driver and relate your concerns to them. Make sure you take pictures of all visible damage. 

Understand the extent of damages the other party would cover, but don’t come to any agreement without your lawyer present. Do not allow your insurance company to talk you into letting compensation go because you are unhurt.

Why Should I Get a Car Accident Lawyer?

It would be best to get a car accident lawyer because these types of lawyers specialize in accidents. They know the law concerning different kinds of car accidents and can be of immense help. Of course, you can represent yourself legally, but it’s best to stick with professionals. 

If your accident happened in the greater Miami area of Florida, we advise you to reach out to The Soffer Firm. These Miami car accident lawyers are highly respected and knowledgeable advocates. They work extremely hard for their clients, striving to get maximum compensation for each claim.

Can I Claim Car Compensation One Year After an Accident?

Yes. You can claim car compensation for an accident that happened two or three years ago.  Once a car accident is more than four years old, you can no longer receive any compensation from it. Talk with your lawyer to know the best way to recover money from older accidents.

Conclusion:

Car compensation is possible in Florida with the right legal team. Remember, you have to do your part, so you receive maximum compensation for the unfortunate car accident. Although your lawyer cannot determine exact compensation immediately, you can be sure of a fair amount at the end of the legal process. Keep all your financial, legal, and medical records handy during the compensation process.