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WHAT TO DO IN CASE OF AN AUTOMOBILE ACCDENT

 

1. STOP:
Florida law requires the driver of any vehicle involved in an automobile accident to immediately stop at the scene. Do not block traffic.

 

 

2. PROTECT THE SCENE:
The cars should be left where they came to rest unless they are blocking traffic. If you must move your vehicle, carefully note the positions of any vehicles involved in the accident that are obstructing traffic, then move them.

 

3. NOTIFY THE AUTHORITIES:
Contact law enforcement regarding the accident, even if no one appears to be injured. While the other driver may say they will pay for the damages to your car, until they actually do, you have no guarantee. It is important to make sure a
report is completed.

 

4. DO NOT COMMENT:
With the exception of your exchange of information, you should not comment on the accident unless you are speaking with the police. Keep your notes and opinions to yourself. DO NOT ADMIT YOU WERE WRONG OR CARELESS. Such admissions could be used against you in the future. DO NOT STATE THAT YOU FEEL FINE. While you may feel alright at that moment, you may begin to hurt from any injury sustained within a few hours of the accident. Any previous comments regarding your physical condition could be used against you. If you must comment, say that you don’t know as you are too shook up to comment.

 

 

5. INSURANCE AND COVERAGES:
Under your policy of insurance, you are required to notify your insurance company of your accident, typically within 24 hours of the occurrence of the accident . Your insurance company may ask to take a recorded statement from you regarding how the accident occurred. While you are contractually obligated to cooperate with the insurance company in it’s investigation of your claim, you are not required to provide them with a recorded statement at that time.

 

YOU ARE DEFINITIELY NOT REQUIRED TO GIVE A RECORDED STATEMENT TO THE OTHER DRIVER’S INSURANCE COMPANY AND SHOULD NEVER DO SO! As such, if the insurance company asks if it can take a recorded statement from you, your response should be that you would be happy to discuss how the accident occurred and the nature of your injuries. AGAIN, DO NOT STATE THAT YOU FEEL FINE, AS YOUR CONDITION MAY CHANGE OVER THE NEXT FEW DAYS), but be clear that the insurance company does not have your permission to record your conversation at that time, until you have a chance to consult with an attorney.

NO-FAULT COVERAGE: Medical—Florida is a No-Fault state, so even though the accident may not have been your fault, it will be YOUR insurance which will pay your medical bills. Under Florida law, your insurance (Personal Injury Protection or PIP) will pay 80% of all reasonable expenses for necessary medical care and treatment, minus any deductible you may have purchased.

 

 

 

NO-FAULT COVERAGE: WAGES - Your PIP will pay 60% of any wages lost or loss in earning capacity sustained as a result of your injuries (again, minus any deductible you may have purchased). In order to recover lost wages, your treating physician must indicate that you are unable to work. Your physician will prepare a disability statement which indicates the time period he/she believes you will be unable to work due to your injuries, for that period of time, you will be eligible to receive payment for wages lost. PLEASE REMEMBER– you remain responsible for taxes on any lost wages paid.

 

 

MEDICAL PAYMENTS - This medical coverage, also known as Med Pay, is optional. It may also be applied to your medical bills, and will cover any deductible you may have, will pay the other 20% of your treatment not covered by PIP, and will pay 100% of your medical treatment costs up to your Med Pay limits, once your PIP has exhausted (meaning, you have no further PIP benefits remaining).


 

 

PROPERTY DAMAGES– If you were the at-fault driver, the driver of the other car cannot force you to pay for any property damages without legal proceedings. If you were the at-fault driver, you are required to notify your insurance carrier of your involvement in the accident. Failure to do so could result in a breach of your insurance contract, allowing your insurance company to refuse to pay for the other driver’s property damages. If you were not at fault for the accident, and you have
comprehensive and collision coverage on your policy, and your car is repairable, you have two options for getting your car repaired. You can either go through your own insurance company, or you can go through the at-fault driver’s insurance.

 

There are advantages to each choice.

If you choose to go through your own insurance company,
because you are its insured, it will be more motivated to take care of your claim quickly. However, by going through your own company, you will initially be out of pocket the cost of your deductible. Your insurance company will recover that cost for you, but it might take some time.

 

Your other choice is to go through the at-fault driver’s
insurance company. However, because you are not its
insured, it may not return your calls as quickly or work to
resolve your claim as quickly, but, at least you will not be out of pocket any money for a deductible or repair costs.

 

INSURANCE AND COVERAGES:

PROPERTY DAMAGES - TOTAL LOSS - If your car has been deemed a total loss, you again have two choices as to how to proceed. You can either go through your own insurance company, or let the at-fault driver’s carrier handle the claim.

It is recommended that you get an offer from both companies, as one carrier may place a higher value on your vehicle. For example, your carrier may value your vehicle at $2,750.00, while the at-fault driver’s carrier valued your vehicle at $2,500.00. Under this example, even though you initially would only receive $2,250.00 from your carrier (assuming a $500.00 deductible), your carrier would recover your deductible for you and pay it over to you, so eventually you would receive MORE from your carrier than the other driver’s carrier. DO NOT TELL one insurance carrier the amount of the other carrier’s evaluation your vehicle, as one carrier may be prepared to offer a larger amount for your vehicle. Additionally, do your own research as to the present value of your vehicle. Look at web sites such as NADA, Edmunds, and Kelly Blue Book to determine what the retail value (FMV—fair market value) is for your vehicle.

 

The following are the rules under which the insurance company is required to operate when making a determination as to how much it is willing to offer you or when offering to replace your car with another car:

 

1. MONEY - The insurance company may offer to pay you for your car. In doing so, it must pay you what it would cost to buy a comparable car, including sales tax. This figure is
derived from

a. the cost of two or more cars which are for sale in your area within the preceding 90 days; or

b. the retail cost as determined by a guidebook, such as the "blue book" (otherwise known as NADA); or

c. the retail cost using two or more quotations
obtained by the insurance company from two or more licensed dealers in the local market.

 

PROPERTY DAMAGES - TOTAL LOSS (continued)

 


RENTAL CAR - Hopefully, you had rental car coverage on your own policy at the time of the accident. If so, the following are some general guidelines to be aware of when renting a car after you've been involved in an automobile accident:

a. You have a right to a rental car for the time you are
without your car and while you have not yet been paid for its repair or replacement. Insurance companies will not pay for rental cars after that time.

b. If you have been paid for repairs and/or your car has been replaced and you continue to rent a car, you will be responsible for rental car costs.

 

PROPERTY DAMAGES - RENTAL CAR

c. Insurance companies normally handle car rentals one of two ways—either through direct pay or reimbursement. If the insurance company uses direct pay, it will tell you where to go for the rental car, and it will pay the rental car agency for your rental car. You will only be required to provide a credit card for any additional expenses over and above the rental fees. If the insurance company
provides rental cars through reimbursement, you will have to pay for the rental car and submit your receipt to the insurance company for reimbursement. In either
instance, you must have a credit card or be willing to use your own money for the deposit if you intend to rent a car.

d. Insurance companies have strict limits on how much money they pay for a rental car. It's usually $15 - $20 a day, up to a maximum of $350. They also limit the time of rental, usually 30 days. If you rent a car longer than that period of time, you will have to pay the difference. Ask the insurance company if it has a rental company that it works with, as the rental company may offer a special rate for your rental.

e. Remember to check with your own insurance company (if you have rental car insurance on your policy) to find out about their cost/time of rental limitations.

 


PROPERTY DAMAGES - RENTAL CAR

Finally, if you do not have collision coverage of your own, the rental company may require you to pay for this protection. This amount is NOT recoverable from the insurance company.

 

You may think these rules and regulations aren't very fair, especially since it was the other person who caused you to lose your car. Please remember to keep ALL receipts. Proper documentation of costs incurred by you, the victim, is necessary to recover losses and get you the best settlement possible.