Automobile and Motorcycle Accidents

Medical Expenses And Lost Wages
Automobile accidents in Florida are governed by the Florida "No Fault" law. Regardless of fault, the Personal Injury Protection (PIP) coverage of your insurance policy pays for the majority of your medical expenses and lost wages. If you meet the threshold requirements under Florida law, the at-fault driver will become responsible for damages not covered by your PIP benefits. Additionally, the at-fault driver may be required to compensate you for pain and suffering and future medical expenses. Until the threshold is met, the at-fault driver is only obligated to compensate you for property damage.

Property Damage
Florida Law requires that drivers carry property damage liability coverage. If you are involved in an automobile accident and the other driver was cited for causing the accident, the other driver's property damage coverage will pay for the damage to your vehicle. An insurance adjuster may contact you to examine your vehicle and determine the extent of the damages. Please note that the insurance company will repair or replace your vehicle based upon the value of a similar vehicle. The insurance company is not obligated to compensate you for extras contained in your vehicle or the amount owed on your vehicle beyond its book value.  You may also be entitled to compensation for the loss of the use of your vehicle and/or a rental car while your vehicle is being repaired. If the other driver does not have property damage coverage, or you feel that the adverse insurance company is not dealing with you in good faith, you have the option of using the collision coverage on your automobile insurance policy. However, the majority of policies with collision coverage have a deductible of $100.00, $250.00, $500.00 or more. This means that you must pay this amount out of your pocket before your insurance company will cover any additional damage to your vehicle. It is a good idea to get two or three independent estimates for the repair of your vehicle to have a reference point when dealing with the insurance examiners.  Most body shops will give you a free repair estimate.

The Other Driver Is Not Insured
If the at-fault driver does not have bodily injury coverage, you may be able to obtain benefits through your own uninsured/underinsured motorist (UM) coverage. This coverage is available through your insurance company for an additional premium. Florida Law only requires that drivers carry property damage liability coverage and no-fault personal injury protection coverage. Therefore, accepting UM coverage on your policy will protect you against drivers who have either no bodily injury or insufficient bodily injury coverage. If the at-fault driver is uninsured or if his coverage is insufficient to compensate you for your injuries, your UM coverage will step in to compensate you.

Resolving Your Automobile Claim
Once you begin to experience complaints of pain, it is in your best interest, both legally and medically, to obtain a medical evaluation from a physician with whom you feel comfortable. It will be necessary for you to treat with your physician and follow his recommendations for treatment, including referrals for tests and second opinions. Your doctor will chart your progress through your medical records, as well as documenting the history of your injury-causing accident as you have described it to him. Your doctor can also document his diagnosis of your condition, as well as his prognosis of your future medical condition and recommended treatment. It will be necessary for you to treat with a physician until you reach the point of maximum medical improvement (MMI).  MMI is the point where your doctor has determined within a reasonable degree of medical certainty that your condition has stabilized to the extent that you have gotten as well as you will get. At this time, your doctor will be able to write a report which outlines his treatment and his prognosis for your future medical condition. Your doctor will also use the Guides to the Evaluation of Permanent Impairment published by the American Medical Association to assign an impairment rating to your injuries. This will permit non-medical individuals, such as attorneys and insurance adjusters, to understand the degree to which you have sustained a permanent injury. Under Florida Law, you must be assigned at least a 1% permanent impairment in order to make a recovery for pain and suffering damage from the at-fault party. Should you be unable to obtain a settlement from the insurance company, you have the alternative of filing a lawsuit against the adverse driver and, if not settled during the litigation process, bringing your claim before a jury to award damages.

The Law Office Of Andrew L. Cameron will represent you in your Auto/Motorcycle Accident case, contact us today to find out how!