Legal Question in Personal Injury in Florida
Car accident questions
I was in an accident last night.We were stopped at a red light when we were rearended.During the impact we jerked forward into hitting the car in front of us.We had our children in the back seat(4 & 6 yrs old).The car in front of us sustained only nicks and scratches.Our car is banged up pretty good as well as the car that hit us.The driver at fault is elderly(87 yrs old).She admitted she shouldn't have been driving as she can't see at night.She stated that she is usually driven around but went out by herself because she could not find someone to drive her.She was given a ticket for careless driving.She stated that she did not see us or anyone stopped at the light for that matter.She made no attempts to hit the brakes at all and was traveling at 40-45 MPH.The children were not hurt,just shaken up.My husband and I went to the ER to be checked out.My husband was treated for lower back muscle strain.I was treated for whiplash/neck injury during motor vechile accident.I do not believe I am seriously injured however I am extremely sore throught my neck,upper back,shoulders and even into my upper arms.Is this something we should let the insurance company handle or do we have certain rights?
5 Answers from Attorneys
Re: Car accident questions
First about your medical problems: The emergency room is only checking you out for obvious injuries such as fractures. Everyone should have a full examination by an orthopedic physician, including those not injured (the injuries from such an accident can take a while to set in) It is your insurance that pays your medical bills (usually 80% for meds and 60% of lost wages)
About damages: the source of money for your injuries is the other driver's insurance (it's called BI for "bodily injury". If they do not have enough insurance then your UM for "uninsured motorist" is another source of funds.
Both insurance companies need to be notified. The rear end driver is presumed to be at fault. YOu should not settle until your treating doctors release everyone from treatment and this could take some time.
Your own insurance will not pursue a claim for your bodily injuries just property damage.
I also find that you will get a substantially higher settlement if you employ a professional.
Re: Car accident questions
Our firm handles personal injury cases in the tr-county area (Dade, Broward & Palm Beach). You have two aspects of your case. I will assume that you carry at least the minimum in automibile insurance coverage. First, your own carrier will cover the first $10,000 in medical bills. Depending on the insurance policy, the coverage is most likely 80% of the bills up to $10,000; there may be a $2,000 deductible that may hve to be met first. Secondly, there is your property damage and bodily injury. Your property damage may be convered by your carrier provided that you have collision coverage; if not, then you can claim against the other driver/owner's PD policy coverage. If the other driver/owner has BI coverage, then you're chances are recovering for bodily injury is improved.
You may call our office for a free no-obligation consultation. 305-769-1700
Good luck.
Re: Car accident questions
As Mr. DiCalvo explained, you should immediately contact your own insurer to invoke your own �no fault� coverage. If you have sustained a permanent injury or if your medical expenses or property damage exceed your own insurance coverage, you may well have a viable action against the other driver. Many times, injuries of the type you have described persist or become worse over time. You should be sure to follow your physicians� advice about your treatment in order to speed your recovery. Our firm handles personal injury cases in West Central Florida (Pinellas, Hillsborough, Pasco, Manatee, Polk counties) and we would be happy to consult with you about your legal rights at no obligation to you. You may call 813.223.3951 to arrange an appointment.
Re: Car accident questions
Of course thank god that the children were not hurt. You should report this to your insurance company, make sure you and the children are checked by a doctor and speak to an attorney
Re: Car accident questions
Notify YOUR OWN ins company right away. They are responsible to provide payment for medical and related care together with some of any lost wages.You can settle out your property damage for whatever you belive is fair. However,as this accident recently occured, it is wise to avoid discussing settling yourinjury claims until enough time has elapsed to ascertain the full extent of your injuries.
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