With an average of 17,250 car crashes a day happening in the US, you have likely had your share of these frustrating incidents. In a state such as Florida where no-fault rules apply, you might be wondering what your options are in terms of filing claims and suing the other driver.
In this case, hiring a trusted West Palm Beach Accident Lawyer could be your safest option. They know the Florida Statute of Limitations and how to look through the evidence to guide you in the best way possible. Additionally, they could even help you seek extra compensation to help cover your bills.
Here’s everything you need to know about Florida’s car insurance requirements.
When a state operates with a no-fault rule, that means all parties involved in a car accident share the blame and are to seek help through their own insurance policies. This is to eliminate lawsuits filed against other drivers and the cost of taking small claims to court, but there are stipulations in place where someone could file a lawsuit if they meet certain requirements.
Residents have four years from the date of the crash to file their claims, so it is highly advised that you begin the process as soon as you can. The good thing about the no-fault rule is that even if you were slightly responsible for the wreck, you could still receive a settlement to help with damages.
Florida’s Car Insurance Requirements
If you live in Florida, you must have no-fault insurance that covers a range of protection. Firstly, there is personal injury protection and property damage liability. However, it’s important to note that neither of these cover damages your car may experience, so you will also have to have collision coverage to help in that aspect.
Personal Injury Protection
Residents of Florida are required to have $10,000 worth of personal injury protection, but that does not mean if you are injured in a wreck that you will necessarily receive all $10,000. When you file a claim to use your personal injury protection, your claim will be evaluated, and you will be offered a settlement based upon the investigation and what the adjuster estimates you are to be owed. The personal injury protection can help with your medical bills.
Property Damage Liability
The property damage liability coverage is for any damage that was sustained to the other individual’s car. In Florida, the minimum amount of coverage you are to have for this is $10,000. If you were found at fault for the wreck and caused damage to the other driver’s vehicle, this would cover their damages.
How To File A Car Insurance Claim
If you are involved in a car accident, the first thing you should do is call law enforcement. When the police arrive at the scene, they will file a report which can be used later in your claim to your benefit.
There is not essentially a legal requirement to collect the other driver’s information, but nevertheless, it never hurts to obtain the name and contact information of the other driver involved. You never know if you might need it later on.
Once you have filed a police report, you will start filing a claim with your insurance company. From there, the claim will go through several rounds of investigation where an insurer will review the evidence of the accident, gather medical records, review the police report, and speak to the parties involved including the claimant, defendant, and witnesses. After this, the adjuster will pass the information to a claim examiner who is responsible for determining if your claim is approved or denied.
The best option to do for your case settlement is to hire an independent adjuster who does not work for your insurance policy. Adjuster’s that work for insurance companies have a goal to save the company money, which means you may not initially be offered a fair settlement for your damages and expenses.
If hiring an independent adjuster is not something you can do, consider hiring a lawyer so you can have someone on your side giving you the best advice possible for receiving the most that you deserve out of your settlement. A trustworthy and experienced attorney in the West Palm Beach, Florida area could have the necessary skills to negotiate extra compensation from your settlement.
Stepping Out Of The No-Fault System
Certain situations allow for residents to step out of the no-fault system and file a lawsuit against the other driver.
That is if:
- A severe injury has been sustained
- Medical bills add up or exceed $2,000
When it comes to defining the kind of severe injury that has to be sustained, the guidelines are as follows:
- Now permanently disabled
- Life-long impact on quality of life
If you believe your case qualifies to step out of the no-fault system, you should hire a West Palm Beach Accident Lawyer. No one understands Florida’s Statute of Limitations better than a trusted attorney, and they can guide you in this difficult process.
When you file a claim against the other driver for any injuries you received from the accident, you will be filing a third-party claim and can benefit with the help of a law firm. Your lawyer will become your advocate and the sole person responsible for handling your case. Your lawyer will also be the person to collect all the evidence, communicate to the other driver’s insurer, and speak for you in court.
The type of claim you will claim in this case is a personal injury, which means the compensation you will be awarded is based on the jury’s findings. If the other driver does not agree to a settlement, your case will go to court where your lawyer will present the findings to the jury, and the jury will come up with how much you should be awarded financially for your pain and suffering.
Financial awards in a personal injury case are determined from the total of economic and noneconomic losses that are then multiplied by a number between one and five. Economic losses are anything that can be added in totals, such as hospital bills, car damages, and time off work. Noneconomic is suffering, and trauma added up that the driver may have sustained.
Seek Help with Trusted Attorneys
If you were wrongly injured in a car accident at the fault of someone else, we understand how frustrated you can feel with no-fault insurance. However, the attorneys at Frankl Kominsky Injury Lawyers are ready to step in and help you during this difficult time.
Our attorneys have expert experience after working 40 years in the business. We know exactly how to observe the evidence and your position to determine the best course of action. We are a highly acclaimed law firm with the experience your case needs to seek extra compensation.
To get started, call our firm at (561) 800-8000 or by visiting us online. We have a free case evaluation form for you to fill out that will give us your contact information to set you up for a free consultation.
If you decide that we are the right fit, we will instantly start building your case. Give us a call today to get started.