Under state insurance laws, even simple car accidents can lead to legal challenges, including slow-walking, denials of medical bills, and struggles with claims on another driver’s liability coverage.
The wise move is to call a Lake Mary car accident lawyer as soon as you can. The experienced team of personal injury attorneys at Rue & Ziffra can guide you through the claims process and help protect your rights.
As a driver in a car crash, you must stop immediately and call law enforcement if someone is hurt or if the crash caused at least $500 worth of damage, under Florida Statutes § 316.065. If you cannot physically do this, the law requires one of your passengers to call if they can.
Fla. Stat. § 316.065 then requires you to summon help for any injured party and offer reasonable assistance. You must also give your name, address, and vehicle registration number to anyone involved in the crash, as well as your driver’s license information.
Our attorneys advise that it is best to get a medical exam right away after a car accident in Lake Mary, even if no pain appears at first. Serious injuries can be masked by adrenaline shock. If you are a senior citizen, physical recovery may be more challenging. Also, without a medical exam within 14 days, you may lose your right to insurance coverage for medical bills.
State law requires car accident survivors to make medical claims against personal injury protection (PIP) coverage. At Rue & Ziffra, one of our attorneys can help you understand how this process works after your Lake Mary crash. PIP payments have nothing to do with any fault in the accident, and you make the claim on your own insurance, rather than the other driver’s.
At best, PIP covers 80 percent of medical expenses and 60 percent of lost-wage claims. Under Fla. Stat. § 627.736(1)(a)(4), PIP coverage also requires you to seek care within 14 days, and will limit your coverage to $2,500 unless a provider affirms that you have an emergency medical condition (EMC).
Even with an EMC, the limit is $10,000, which will not go far for a long-term or catastrophic injury. You must have a “significant … or permanent injury within a reasonable degree of medical probability” to make a liability claim against another driver. The law defines this in detail at Fla. Stat. § 627.737.
For auto repairs or other property damage, you can file a claim against the other driver’s property damage liability coverage. When making a claim for damages against another driver, the amount available will depend on who was responsible for the accident and the extent of liability.
Although you can often still claim damages if you were partly at fault for an accident, your degree of responsibility reduces the possible claim. However, if you are more than 50 percent responsible for an accident, you lose any right to claim damages from another party, known as comparative fault, as stipulated in Fla. Stat. § 768.81.
Insurance adjusters and claims analysts keep this law in mind as they review accidents and prepare reports. If they find a reason that you were at fault, they can offer a far lower payment or deny you entirely. Our lawyers know how this works, allowing them to defend you against pressure tactics to help secure you the settlement you deserve after your Lake Mary car accident.
Our team at Rue & Ziffra takes pride in being active members of our communities and aims to promote safer roads and responsible driving.
Call us today to schedule a free consultation with a Lake Mary car accident lawyer. As lawmakers consider changes to insurance laws, having an experienced attorney on your side will provide valuable guidance through whatever lies ahead.
Rue & Ziffra – Your Trusted Personal Injury Lawyers
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