Florida Car Accident Frequently Asked Questions

Yes. If you have been in a car accident of any kind, you should call the police immediately, even if the accident initially appears to be minor. Often injuries are not immediately apparent at the accident scene, but later worsen in the hours, days, and weeks after an accident.

It is always better to call law enforcement and report the accident as soon as possible at the accident scene to prove that the accident occurred and to help show who was at fault in causing the accident.

You should document or record the following information as soon as possible after a car accident:

• The names, phone numbers, and addresses of all persons involved in the accident — if you can, take a picture of their driver's license — including any witnesses
• The insurance information for the other driver(s) involved in the accident — if you can, take a picture of their insurance card
• The location, date, and time of the accident

Yes. You should take pictures of all vehicles involved in the accident as soon as you reasonably can — from the accident scene to the details of the damage to any of the vehicles. If your body shows physical signs of trauma, you should also take pictures of your injuries.

The more record keeping the better. Recording this information will help you more accurately recall the details of your accident and will help document the facts and circumstances in cases where there may be a dispute as to what occurred.

Immediately after an accident you should assess whether you have sustained any injuries. If your injuries involve any form of head trauma or "whiplash" forces to your head or neck areas, or if you are not sure of the extent of your injuries, you should immediately call 911 and go to the hospital for assessment by medical professionals.

Even if you don't have health insurance, you most likely have at least $10,000 in car insurance benefits to pay for car accident medical bills if you receive medical treatment for your injuries within 14 days of your accident. These car insurance benefits are known as "PIP" benefits (personal injury protection), or "no-fault" benefits.

All car insurance policies issued in Florida are required to have at least $10,000 in Personal Injury Protection (PIP) or "no-fault" benefits to pay for auto accident incurred medical bills and lost wages.

If you own a car with Florida car insurance, live with a resident relative who does, or were in/struck by a vehicle with Florida car insurance, you should have PIP benefits available — provided you receive medical treatment within 14 days.

PIP benefits pay:

• 80% of car accident-related medical bills
• 60% of lost wages caused by car accident injuries
• Up to $10,000 in total

Florida has specific statutory rules governing which insurer is responsible for paying PIP no-fault benefits:

• If you own a car with car insurance — your PIP is paid by your own carrier
• If you don't own a car but live with a resident relative who does — paid by that relative's insurer
• If you don't own a car and don't live with a relative with car insurance — paid by the insurer for the car you were in
• If you were hit as a pedestrian or bicyclist by a negligent driver (and you have no car or resident relative with insurance) — paid by the negligent driver's insurance

PIP benefits are called "no-fault" benefits because you are entitled to the benefits no matter who was at fault for causing your accident. However, simply because Florida is a no-fault state does not mean the driver who caused the accident is free from liability — negligent drivers can always be held responsible for the full extent of injuries and damages they cause.

Although you will receive a PIP "claim number" from your insurer once the accident is reported, it does not mean anyone is filing a claim against you, or that you did anything wrong.

No. In Florida, PIP no-fault benefits are always the primary insurer over any health insurance for car accident-related medical bills. Your health insurance is not responsible for any car accident medical bills until your $10,000 in PIP benefits have been exhausted.

If you don't use your PIP no-fault benefits, the insurance company simply gets to keep them. You should never hesitate to use your PIP benefits for your car accident medical bills.

Because PIP no-fault benefits are always primary over health insurance for car accident medical bills, medical providers will ask for your own car insurance company and claim or policy number — not the negligent driver's.

You should also provide your health insurance information, since health insurance acts as a secondary insurer for accident medical bills once your $10,000 in PIP is exhausted.

No. Car insurance rates usually increase for people who have caused an accident, not for those who are the victim of one. Since you didn't cause the accident, your rates will not go up simply for using your PIP no-fault benefits.

In Florida, car insurance Medical Payments ("MedPay") coverage is an optional add-on that covers medical expenses, co-pays, and deductibles, regardless of fault, after a car accident. It acts as secondary coverage to PIP, often covering the 20% of medical bills that PIP does not pay, with typical limits ranging from $1,000 to $10,000.

There is no deductible or co-pay required to use MedPay coverage. MedPay benefits extend to you, your passengers, and to you if you were a pedestrian struck by a car.

Despite what insurance representatives sometimes imply, nothing requires you to give the negligent driver's insurance company a recorded statement to resolve your property damage or injury claim.

The only reason the negligent driver's insurance company wants to record your conversation is so they can later use some or all of your statements against you to offer you less money in settlement. They will use your recorded statements to:

• Dispute the liability of their insured driver
• Argue your comparative fault in causing the accident
• Dispute the extent of your injuries

Giving a recorded statement to them never benefits you and can only harm your claims.

In many ways. Insurance adjusters often seek recorded statements within hours or days of an accident — before you know the full extent of your injuries. When asked early on if they are injured, many people answer with something like "I'm a little sore, but I think I'm OK."

Then the following day — or days later — they suddenly feel like they've "been hit by a truck" and can hardly get out of bed. What seemed like minor soreness may turn out to be a herniated disc or other long-term injury requiring expensive, life-long medical care.

The recorded statement you gave immediately after the accident no longer describes your current condition. The negligent driver's insurer will say that it does — and use it to minimize what they pay you.

If you have "collision" coverage, you have two options: (1) go through your own insurance company, or (2) go through the insurance company for the negligent driver. It is usually easier to go through your own insurance company.

Your insurance company will be reimbursed for whatever they pay from the negligent driver's insurer — they are merely advancing the vehicle compensation payments. If you do not have collision coverage, you must wait for the negligent driver's insurer to accept liability and go through them.

Yes. Most collision coverages have a deductible ranging from $500 to $2,000. If your insurance doesn't waive the deductible, and you actually incur the deductible expense, the negligent driver's insurer will later reimburse you for that deductible amount when they reimburse your insurer.

If the negligent driver's insurance company is promptly accepting responsibility, you can go through them. However, the at-fault driver's insurer usually needs to see the full crash report and speak with their insured before accepting responsibility. The actual crash report typically takes anywhere from 2–10 days to be completed by the investigating officer. Most people can't go without transportation during that time.

Further, if the negligent driver's property damage coverage isn't enough to cover your damages, your collision coverage will still pay the full value — and it will be the insurer, not you, who is left less than fully compensated.

Your property damage claim is your claim against the negligent driver's insurance company for the damage to your vehicle and any other property damaged in the accident.

Your bodily injury claim is your claim for your physical injuries. The negligent driver's insurer usually assigns a different adjuster for your property damage than for your bodily injury claim — so you should be assigned both a property damage adjuster and a bodily injury adjuster.

No, not at all. Your property damage claim and injury claim are completely separate. Unlike your injury claim, there rarely is much an attorney can do to get you more compensation for your vehicle than what you can get on your own.

If your vehicle is repairable, the insurance company will pay for the repairs and provide a rental car while your vehicle is being repaired. If your vehicle was a total loss, the insurance company will estimate its value based on make, model, mileage, and condition. Make sure the total loss estimate reflects your vehicle's actual options and accessories.

Yes. Your car and injury claims are separate and independent. When speaking with the property damage adjuster, however, avoid letting any adjuster record your conversation (they must ask permission first), and never discuss your injuries without an attorney present.

Your property damage claim for the damage to your car is usually resolved within 1–3 weeks after the accident. Determining the full extent of your injuries and the amounts of your medical bills usually takes considerably longer.

Yes. Not going to the emergency room immediately does not eliminate your claim. However, it is always recommended you seek medical treatment promptly to have your injuries documented by a medical professional.

Yes. Missing the 14-day PIP window means you lose access to those $10,000 in PIP benefits, but you still have a bodily injury claim against the negligent driver. However, by losing your $10,000 in PIP benefits, it reduces your claim value by about that amount since you now have to pay your medical bills from any settlement you receive from the negligent driver's insurer instead of them being paid by insurance, which almost always reduces the amount of money YOU are able to recover in the end.

Yes. Not having insurance on your own vehicle does not eliminate your right to pursue a claim against the negligent driver who caused your accident.

The type and amount of compensation depends on the nature of the accident and the extent of your injuries. Recoverable damages include:

• Hospital, medical, and doctor bills
• Lost wages
• Pain and suffering
• Disability or disfigurement
• Other damages, losses, and out-of-pocket expenses resulting from the accident

None. Unlike nearly every other state, Florida is one of only a few states that does not require car owners to carry any form of minimum bodily injury insurance. While most drivers do choose to carry it, it is not mandatory — which is what makes uninsured/underinsured motorist (UM) coverage so critical in Florida.

In Florida, both the negligent driver and the owner of the vehicle are responsible for injuries and damages caused. If the driver was in the scope of employment, their employer's bodily injury insurance also applies. It is important to determine the bodily injury coverage limits of all potentially applicable insurance policies — driver, owner, and employer — before ever considering any settlement.

While you are always entitled to bring a claim against the at-fault person, actually collecting money from them is — as a practical matter — almost always limited to the amount of available insurance. Florida law has numerous protections for judgment debtors: homestead laws prevent collection of judgments against a person's home (even multi-million dollar ones), and retirement accounts are similarly protected.

This is exactly why having uninsured/underinsured motorist (UM) coverage is so critically important in Florida. In a hit-and-run or uninsured driver situation, your UM coverage is often the only practical way to be fully compensated.

UM/UIM insurance is an optional coverage in Florida that compensates you, your resident family members, and any passengers in your vehicle for car accident damages caused by a driver who either does not have car insurance, or does not carry enough to pay the full amount of the damages caused.

• Uninsured: The other driver has no insurance at all
• Underinsured: The other driver has insurance, but the limits aren't enough to cover your full damages. Your UM/UIM coverage pays the gap up to your own UM limits.
• Hit-and-run: Treated the same as an uninsured motorist claim

UM insurance is the only automobile insurance coverage available to compensate you and your family for damages in the unfortunate event you or a member of your family are the victim of an uninsured or underinsured driver.

Everyone injured in a motor vehicle accident because of the fault of another needs to consult with an experienced car accident personal injury attorney — and the sooner the better. The consultation is completely free, and delaying in making the call can often significantly affect your legal rights.

Insurance companies are for-profit corporations seeking to pay as little as possible on your claim. You need an attorney to ensure that doesn't happen. An experienced attorney will:

• Investigate all available insurance coverages and policy limits
• Protect you from harmful recorded statements and lowball settlement offers
• Ensure all of your medical treatment is properly documented
• Maximize the full value of your bodily injury claim
• Handle all communications with the insurance companies

Nothing. At Dean & Camper Injury Lawyers, we never charge any fees or costs unless we win. That means you will never pay us anything out-of-pocket. We pay you when we get you a money recovery on your injury claim.

If in the unlikely event we don't get you a money recovery on your injury claim, you won't owe us anything — regardless of how much time, effort, or expense we put into your claim.