Car Accident FAQs

Your safety and well-being are paramount. After ensuring you're out of harm's way, call 911 to report the accident and seek medical attention, even if injuries aren't immediately apparent. Document the scene by taking photos of the vehicles involved, any visible injuries, and relevant road conditions. Exchange contact and insurance information with the other driver, but avoid discussing fault. Obtain contact information for any witnesses to the accident. It's also best to consult with a Miami car accident lawyer to understand your rights and next steps.

In Florida, the statute of limitations for personal injury claims resulting from car accidents is generally two years from the date of the accident. However, it's crucial to act promptly, as delays can impact the availability of evidence and the strength of your case. Consulting with a Miami car accident lawyer early can help ensure all deadlines are met and your rights are protected.

Compensation, or "damages," can cover a range of losses, including medical expenses such as hospital bills, rehabilitation, and future medical care; lost wages due to time away from work; property damage costs to repair or replace your vehicle; pain and suffering resulting from physical pain and emotional distress; and loss of consortium, which includes the impact on your relationship with your spouse or family. The exact amount depends on the specifics of your case, and our Miami car accident lawyers can help thoroughly evaluate your claim.

Florida law requires drivers to carry Personal Injury Protection (PIP) insurance, which covers your medical expenses regardless of fault. However, if the at-fault driver lacks sufficient coverage, you may turn to your own Uninsured/Underinsured Motorist (UM/UIM) coverage, if available. Navigating these situations can be complex, and legal guidance is often beneficial to ensure you’re compensated fully despite insurance limitations.

Insurance companies often offer quick settlements that don’t fully reflect the full value of your losses. Their goal is to close the claim with as minimal payout as possible. Before accepting any offer, consult with a lawyer who can assess whether the settlement is fair and negotiate on your behalf if necessary. Once you accept a settlement, you typically forfeit your right to pursue further compensation.

While not always legally required, a police report is a valuable piece of evidence. It provides an official account of the incident, including statements from the parties involved and any witnesses. Insurance companies often rely on this documentation when evaluating claims. It’s always best to report the accident to law enforcement, especially if there are injuries or significant property damage.

Yes. Florida follows a modified comparative negligence system, which means your compensation may be reduced by your percentage of fault and, in some cases, eliminated entirely. For instance, if you’re found 20% at fault, your recovery would be reduced by that amount. However, if you are more than 50% responsible for the accident, you may not be eligible to recover any damages at all. An attorney can help evaluate how fault is being assessed and advocate on your behalf to ensure you’re not unfairly blamed for the accident.

Not seeking prompt medical care after an accident can affect both your health and your legal claim. Many injuries such as concussions, whiplash, or internal trauma may not present symptoms right away. Insurance adjusters may argue that delays in treatment mean the injuries are unrelated or exaggerated. Always get checked by a healthcare provider and document all medical visits and treatments as soon as possible. However, claims may still be brought even if there was no immediate medical attention.

The timeline varies. Simple cases with clear liability and documented injuries might resolve in a few months. More complex cases involving serious injuries, multiple parties, or disputed fault can take longer, especially if a lawsuit needs to be filed. Your attorney will keep you updated throughout the process and help set realistic expectations based on the details of your situation.

You can still pursue compensation if the accident worsened an existing injury or medical issue. Florida law allows recovery when an incident causes a condition to flare up or become more severe. However, these cases often require strong medical evidence showing the connection between the accident and the change in your health. Legal representation is particularly important in these cases, as insurers may challenge the extent of your injuries caused by the accident.