Auto Accident Attorneys
Jacksonville, Florida
At Hardesty, Tyde, Green & Ashton, P.A., we know that accidents occur each and every day. When an auto accident occurs, one may be confused about what steps to take. In the state of Florida, everyone is required to carry auto insurance. As part of that insurance coverage, you must have $10,000.00 in Personal Injury Protection (PIP) coverage that may be contracted for with or without a deductible. If you can afford the insurance without a deductible, this is certainly preferable because, in many cases when individuals are 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 an auto accident, it is important to check for serious or fatal injuries. The police should always be contacted so that an accident report is written documenting who is at fault. It is important to record the date of the accident and who the police agency is that conducted the investigation. Write down the make, model, license plate number, and 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. If you have suffered personal injury, you should contact an experienced car accident lawyer before contacting your insurance company.
It is important to write down how the accident occurred so that when you meet with an attorney you will have this information to present. If there are any witnesses on the scene who saw the accident, try to obtain their names, addresses, and phone numbers so that the attorney can contact them for further interview.
When you do contact your insurance company, they will ask you about the circumstances of the auto or motorcycle accident and may want to take a recorded statement that will be preserved for later use. You do not have to agree to the recorded statement if you are uncomfortable being recorded. In most circumstances, it is preferable not to allow the statement to be recorded. Ask your insurance company to contact the at-fault driver's insurance company regarding your property damage claim.
AFTER THE ACCIDENT
Take your vehicle to a reputable body shop for repairs and get estimates. Always get checked out by your family physician but, if your injuries are such that they 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 state whether or not you were wearing your seatbelt. 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 taken to the hospital by rescue or by your own personal vehicle. Record the names of the doctors that you see for further interview by your auto accident lawyer 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 which may be of interest to your attorney in analyzing your case.
MISSED WORK
You may also miss time from work because of your accident. You should be prepared to provide your attorney with 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 who suffered injuries, they too may also have claims which require representation by an attorney.
Following an auto accident, your immediate concern will be who is paying your medical bills. When an accident occurs, it is the responsibility of your personal injury protection (PIP) 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.
Auto Accident Settlements: $1,000,000.00 $950,000.00 $850,000.00 |
When PIP and med pay are exhausted, your health insurance becomes the primary insurance carrier and your health insurance should then cover whatever medical expenses you incur. Your health insurance carrier will have a lien against any recovery you make in your personal injury action against the at-fault driver for the amount of medical expenses they pay as a result of injuries you suffered in the accident. When you meet with your auto accident lawyer, 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 necessary information.
In Florida, a doctor must determine that you have a permanent injury in order for you to recover against the at-fault party. Your attorney will be able to advise you on what a permanent injury is. It can include persistent pain which does not resolve in a reasonable period of time.
To learn more, please read our Auto Accident Questions.
Did a faulty airbag cause your injury? Learn more by visiting our faulty airbags page.
Have you been a victim of a drunk driving accident? Please visit our drunk driving page to learn more.
Many people take it for granted that their insurance company will live up to its word or its motto. In many cases this is not true. This is known as Insurance Bad Faith. However, there are still some very good insurance companies which do properly meet their obligations to their insured. If you do not believe your insurance company is treating you fairly, you should contact a Jacksonville, Florida car accident lawyer for a free consultation today.
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