We all know that in our everyday lives accidents occur and when an automobile accident occurs, one may be confused about what steps to take. In the state of Florida, everyone is required to carry automobile insurance. As part of that insurance coverage, one must have $10,000.00 in PIP coverage, which may be contracted for with or without a deductible. If an individual can afford the insurance without a deductible, this is certainly preferable because in many cases, when an individual is hurt the first thing they are told is that they have to pay their deductible before the insurance company will begin to cover their medical injuries. This is always bad news and certainly comes at a very bad time.
What to do at the accident scene:
When involved in a motor vehicle accident, it is important that the police are contacted and that an accident report is written to document whom is at fault. It is important to record the date of accident, who the police agency is that conducted the investigation, write down the make and model, tag number, vehicle identification number of the person who hit you, and gather the same information with regard to your own vehicle. Write down the insurance information, policy number of the individual who hit you and gather the same information with regard to your own vehicle. Contact your insurance company immediately.
Your insurance company may want to take a recorded statement that will be preserved for later use. You may also want to contact the insurance company of the person who caused the damage to your vehicle to discuss your property damage. Be mindful that they also may want to take a statement from you and possibly record it. You do not have to agree to a recorded statement. If you do not want to be recorded tell them. It is important to write down how the accident occurred. You may want to write that down so that when you meet with an attorney at a later date, you will have this information to present. If there are any witnesses on the scene who saw the accident, you may want to write down their names, addresses, and phone numbers so that the attorney can contact them for further interview.
After the accident:
Take your vehicle to a reputable body shop for repairs, get estimates. Get checked out by your family physician and if your injuries are such that require immediate care, go to your local emergency room. Be sure that they record all of your complaints at that time. Be mindful that whatever you say will be written into the medical record. It is important to observe whether or not you were wearing your seatbelt because the at-fault party's insurance company will use this as a defense if you fail to wear your seatbelt. It is important to note whether you were carried to the hospital by rescue or by your own personal vehicle. Record the names of the doctors that you visit for further interview by your attorney and for gathering records at a later date. Make notations on whether x-rays were taken and where and when. Collect any pertinent past medical history that may be of interest to your attorney.
Missed Work:
You may also miss time from work because of your accident. Provide the name of your employer, your job title, your pay rate, and how much time you have missed from work. You may also have to obtain a 13-week wage statement from your employer showing your past earnings prior to the accident to establish your lost earnings for future reimbursement. It is important that you keep track of dates that you missed from work. If there were others in the vehicle with you at the time of the accident that suffered injuries, they too may also have claims that require representation by an attorney. Following an accident, your immediate concern will be who is paying my medical bills. When an accident occurs, it is the responsibility of your personal injury protection carrier, the company that insures your motor vehicle, to pay for the first $10,000.00 of your medical coverage unless you have a deductible. In addition, you may have also contracted with your automobile insurance carrier for additional medical coverage. This is known as med. pay. This will pay for things that your personal injury protection will not pay for. These monies will be paid until they are exhausted.
When these monies are exhausted, then your health insurance becomes the primary insurance carrier and your health insurance will then cover whatever medical occurs after the PIP and the med. pay have been exhausted with your automobile carrier. Your health insurance will have a lien against any recovery you make in your personal injury action against the at-fault driver and it is important to keep track of this information. When you meet with your attorney, you will want to provide him with the name of your health insurance company and the policy number so that the attorney can gather the information and be mindful that a potential third party lien is involved in your case. In Florida, a doctor must determine that you have a permanent injury in order to recover under the Florida Automobile Act against the at-fault party. If you know someone who has been injured in an automobile accident, ask him or her how their insurance company treated them during the course of their medical and lost income periods. This will give you a good idea of how an insurance company might treat you if you were in the same situation.
Many people take it for granted that the insurance company will live up to its word or its motto. In many cases this is not true; however, there are still some very good insurance companies out there. In many cases, they can be sought out simply by asking questions of your friends and family members. Should you have additional questions regarding your automobile insurance rights or if you have been in an automobile accident and need assistance, help is a phone call away. Call Jeffrey W. Hensley, P.A. (727)786-5000 or (800)226-6581.
The information you obtain is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.