Frequently Asked Questions - Florida Automobile Accidents

The statute of limitations is 2 years to file a lawsuit against the at-fault driver and the at-fault vehicle owner. The statute of limitations for an Uninsured Motorist claim can be as long as 5 years from the date of the accident, but it may vary depending on the insurance policy language.

The simple answer is no; however, a police report or crash report is often helpful because it documents the facts of the case, including but not limited to the identity of the drivers, passengers, witnesses, vehicles, crash scene, and automobile insurance.

Again, the simple answer is no; however, it's often better if the other driver was cited for the crash when pursuing a claim with the respective insurance carriers.

Florida has minimal automobile insurance requirements. A vehicle owner only needs to have Property Damage and PIP (Personal Injury Protection) coverage in place to comply with Florida law. If there is only minimal coverage in place at the time of the accident, it is often difficult from a practical standpoint to pursue a personal injury claim or case on behalf of the victim.

You don't have to hire an attorney. However, we recommend working with insurance companies that have adjusters, investigators, administrative staff, risk managers, and, yes, attorneys available as needed for every claim filed.

In general, injury victims should seek medical treatment after a Florida automobile accident as soon as possible. The longer an injury victim waits to seek treatment, the more the insurance adjuster will question the severity of the injuries and the causation of the injuries from the crash. To qualify for PIP (Personal Injury Protection) benefits, you must obtain treatment within 14 days. To trigger PIP benefits, treatment can be an evaluation by one of the following providers: emergency room, urgent care center, primary care doctor, chiropractor, specialist, or other health care provider.

Florida has laws and insurance processes commonly referred to as "No-Fault" laws; however, this does not mean the at-fault driver or vehicle owner is immune from liability or responsibility for damages caused by the crash. The "No-Fault" laws apply to how PIP benefits are paid out and how an injury victim can qualify for pain, suffering, loss of enjoyment of life, and mental anguish damages.

An injury victim can obtain medical care from an emergency room, urgent care center, and other medical providers following a Florida automobile accident. Keep in mind that some medical providers will not treat an automobile accident patient because of the provider's practices, procedures, and billing administration. Following the initial emergency room or urgent care center evaluation, it is important to get ongoing treatment from a qualified provider that accepts PIP (Personal Injury Protection) benefits.

In most instances, the injury victim has access to PIP (Personal Injury Protection) benefits, which can provide up to $10,000 in medical care. Beyond or in addition to PIP, the injury victim may have health insurance benefits which are secondary to PIP benefits. Medical bills may be covered by the at-fault driver's and at-fault owner's insurance; however, carriers typically pay in a lump sum upon settlement. In other words, the insurance company for the at-fault driver and at-fault owner will not pay the injury victim's medical bills periodically or on a piecemeal basis.

An injury victim can be entitled to these types of damages. In most automobile accident cases, the injury victim must prove that permanent injuries were suffered as a result of the automobile accident. This does not mean that the injury victim has to prove a debilitating disability. It only means the injury victim must prove the injuries are lasting in nature and deemed permanent by a medical provider or other testimony or evidence. Typically, specialists including but not limited to orthopedic surgeons, neurologists, and pain management doctors are medical providers who can prove up a permanent injury. As such, when evaluating a case, it matters what kind of doctor the injury victim sees, the length of treatment, the extent of treatment, and the results of treatment.