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AUTO ACCIDENTS
Click on this link
 to download and
print for your vehicle a free "Glove Box Organizer" Just fold
it along the printed lines and place it in your car’s glove box right next
to your auto insurance card. Use this Organizer as a guide when obtaining
crucial data in the event of an accident.
Injuries resulting from automobile accidents are common
claims in Florida. A personal injury resulting from an automobile accident
can have a devastating effect on the lives of the victim. We are Florida
personal injury attorneys, who assist victims in obtaining compensation
for their injuries. The victim of an automobile accident may be entitled
to collect for their pain and suffering, loss of capacity for the
enjoyment of life, disability, inconvenience, and of course, medical bills
and lost wages. We will assist you in virtually every step of the way,
including advising you or a loved one what benefits you are entitled to as
a result of the negligence of another.
“I WAS JUST IN AN AUTO ACCIDENT... WHAT DO I DO NOW?"
THE DO's
-
DO
call the police, turn on your emergency flashers and sit down.
-
DO
write down the names, addresses, and phone numbers of all potential
witnesses to the accident. (Anybody who saw the accident) Just ask them
for it. Do not wait for the police to do it for you.
-
DO
get the license plate numbers of all other vehicles involved in the
accident and obtain the drivers' names, addresses, telephone numbers,
and insurance information. Just ask them for it. Do not wait for the
police to do it for you.
-
DO
cooperate with all law enforcement and emergency personnel who respond
to the scene but do not admit fault or apologize.
-
DO
go to the hospital to have yourself thoroughly checked, even if
you think you are only slightly injured. Go by ambulance if offered.
-
DO
take photographs of both vehicles’ damage if you can, and if you cannot,
immediately contact the Law office of James M. Thomas Esq. at
1.866.503.8200 so that we may make arrangements to take photographs for
you.
-
DO
contact the Law Office of James M. Thomas Esq. PA. at the number above
to further assist you after the accident; THEN…
-
DO
contact only your personal automobile insurance company, and report the
accident, even if you believe it was partly your fault.
THE
DONT's
-
DO NOT
engage in discussion about the accident with anyone other than the
police, period. However, you can reveal insurance information to the
other driver, and if you are injured, you can tell emergency personnel
that you are hurt. Make sure you do not apologize for anything, period.
It can be considered as evidence of fault or guilt to be used against
you later.
-
DO NOT
make statements to any insurance company without first contacting
the Law Office of James M. Thomas Esq. PA. That includes your own
insurance company. Remember insurance companies are in business to make
money, not pay
it out in claims.
-
DO NOT
move your vehicle after an automobile accident unless necessary for
safety or required by law.
-
DO NOT
subject yourself to further injury by standing or waiting in traffic and
avoid other safety hazards. You should find a safe place to sit down
until police arrive.
-
DO NOT
leave the scene of an accident until the police tell you it is okay to
do so.
-
DO NOT
throw away or wash any potential evidence in the case, such as torn or
blood-stained clothing.
Claim Dynamics
Every
individual operating a motor vehicle within Florida has a duty to exercise
reasonable care in the operation of that motor vehicle. A breach of that
duty is called “Negligence”. Negligence can be a basis to bring a lawsuit
against any party at least partially responsible for the accident.
The
State of Florida has a No-Fault Personal Injury Protection “PIP” law,
which requires your personal auto insurer to pay for non-economic damages
(e.g. medical expenses, lost wages), regardless of who caused the
accident. This basically means that 80% of the first $10,000 in
non-economic damages is covered by your own PIP auto insurance, regardless
of fault.
You may
then look to the at-fault driver’s Bodily Injury Auto Insurance coverage
to cover all other available damages related to your injury, such as:
medical costs (over PIP payments) pain and suffering, lost wages, etc.
In the
event the at-fault driver’s Bodily Injury Auto Insurance coverage tenders
policy limits (the most it will pay under the policy), you may then look
to your own Uninsured/Underinsured Motorist insurance coverage (UM), if
you have such coverage available, to further compensate you for your
injuries/damages. You should always elect to purchase UM coverage on all
your motor vehicles.
If you
use public (e.g. Medicaid/Medicare) or private insurance (e.g. often
employer offered insurance) to pay for medical treatment after you have
exhausted your PIP coverage, they may place a lien on your recovery.
Please note that they are not likely to reduce their bill based on your
settlement amount and will often seek no less than payment in full at the
conclusion of your case.
Shared Fault for Accident
If your case is one where accident fault is shared, meaning all drivers
contributed to the accident somehow, a court may reduce your damages.
Before that can happen, the Defendant(s) must establish that actions or
omissions of action (not doing something) on your part contributed to the
accident.
Thus "comparative negligence," (part my fault, part theirs) means that a
court can reduce your damage award by the percentage for which a jury
found you partially responsible for the accident.
Example:
Let’s say your damages
totaled $100,000, but the jury finds you 25% responsible for the
accident. Your recovery would be reduced by 25% percent, to $75,000 and
you would then only recover $75,000.
Florida law also allows the reduction of damage awards by any amounts you
might have already received from public or private insurance to compensate
you for your losses. This is known as the "Collateral Source Rule."
YOUR INITIAL
CONSULTATION ON ANY AUTO ACCIDENT MATTER IS ALWAYS FREE
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