How to File a Car Accident Claim

Help for Victims of Coral Gables Car Accidents

There are many people giving advice for how to avoid a car accident, but very few who give advice for how to recover and seek the right type of help after an accident. Here at Mesa Law Firm, we have seen the devastating injuries and emotional trauma caused by serious car accidents and we are here to help.

Our team has been helping accident victims in and around Miami for more than 15 years , and we know what you and your loved ones are going through.

Seeking fair compensation after a car accident can be a difficult and confusing legal process, but we are here to provide you with the caring help that you need.

What You Need To Know

No-Fault Insurance

After an accident, one of the first things you must know is that Florida is a no-fault car insurance state. This means that if you have suffered car accident injuries, you must first look to your own insurance company to recover the compensation you need for your injuries and other losses.

Exceptions to the No-Fault Rule

This is true regardless of who is at fault, but under certain situations you may be able to seek compensation outside of this no-fault system. If your accident has resulted in permanent injury, permanent scarring or disfigurement, you have the right to file a claim outside of the no-fault system in Florida. Permanent injuries can include:

• severe fractures
• an injury that requires surgery
• bad scar
• soft tissue injuries (while soft tissue injuries such as a sprained neck or back are more difficult to prove than a fracture, they can still qualify as a permanent injury under certain situations)

Personal Injury Protection Coverage

Florida law requires every driver to have personal injury protection coverage (PIP), and this coverage under your car insurance will pay 80% of your medical expenses up to the limit on your PIP. The average protection limit against personal injury is usually $10,000. Basic PIP coverage also provides 60% of disability benefits for lost gross income and earning capacity up to a limit of $10,000.

Steps in Filing an Accident Claim

1. As with any claim, you should report your accident immediately.
2. Call the police and 911 if there is a life-threatening injury.
3. Exchange license plate numbers, contact information, and auto insurance information with the other parties involved.
4. Look around for any witnesses who are willing to report what they saw, and be sure to get their names and contact information. Eyewitnesses can be a necessary source of information for your accident and may play a critical role in your injury claim.
5. Notify your insurance carrier. Depending on your specific policy, you may have anywhere from 30 to 60 days to let them know, but it is always a good idea to call as soon as possible. Most insurance companies require you to keep your car from further incidents and damage until you file or settle a claim in order to prevent fraud, so you should call as soon as possible.

Since Florida is a no-fault insurance state, you will have no other choice but to file with your own carrier initially. After your carrier has paid all expenses, except the deductible, you can seek restitution for the other party for other costs above the limits of your own insurance.

In order to file an accurate accident claim, you should take the time to itemize every expense involved. This can be a very time-consuming and meticulous process, and our firm can help you make sure that you don't leave anything out. Sometime during this process, you will receive a phone call from the other insurance company asking you to relay your version of events that led up to the accident. You must be prepared for this and should check with your insurance carrier to see what statements you should and should not make. It is a good idea to write down exactly what you will say beforehand so that your statements will remain consistent no matter how flustered you may be.

An insurance adjuster will also come out to take a look at the damage to your vehicle and to provide you with an estimate of what it will take to restore your vehicle or replace it if needed. If the adjuster says that your car is totaled, the adjuster will estimate your compensation on the actual case value of the vehicle before the accident. If you think that your insurance adjuster's damage settlement is too low, you can ask your carrier for a form of arbitration to resolve the dispute.

Disputing Your Car Accident Settlement in Florida

Unfortunately, the need to dispute an insurance company's settlement offer happens more frequently than it should. Insurance companies are often only concerned with maintaining their high profit margins, and our firm has helped many accident victims who have received "lowball" offers for their accident.

When you call the Mesa Law Firm about your accident, we will immediately provide you with the caring legal assistance and dedicated support you need to recover the full amount of compensation available.