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Some information
about car accidents . . .
Automobile Accidents can
cause long-term injuries.
Injuries that result from traffic
accidents are common and serious. The laws of every State
require that every driver obtain some minimal amount of liability
insurance or personal injury protection. The reason for this
is simple, car accidents happen everyday and cause many injuries
every year. This is also the reason that Florida passes new
traffic laws every year that harshly penalizes abuse of the driving
privilege.
Florida law requires minimal
insurance
coverage. It is a no-fault state and therefore if you fail to
have enough insurance at the time when you are hit by another driver
you may not have enough insurance to cover the often-times life-long
injuries that result. Despite the law requiring every driver
to have insurance, many Florida drivers do not. For this
reason it is always beneficial to have your insurance policy
include uninsured motorist coverage. This is to protect
you from the harm caused by uninsured or under-insured drivers.
Whenever you are involved in a car
crash or accident involving a motor vehicle - you should always seek medical treatment and
maintain follow-up check-ups. Under Florida law, all insurance
policies have a minimum of $10,000 in personal injury protection.
If you are in a traffic accident you can used that policy first for
an injury evaluation. You do not have to settle with your
insurance company before you use this part of your policy.
Often times people who are involved in an auto accident don't
realize that injuries have occurred. The violent nature of
even a simple accident can cause severe strains that may not appear
for weeks or months - these are called soft-tissue injuries and they
are serious. These injuries can become incapacitating if not
treated immediately and for the proper amount of time. The
very nature of these injuries, their delay in onset and serious
long-term consequences, are the very reason quick insurance
settlements benefit only the insurance company.
Automobile Insurance Companies are For Profit Organizations.
You are involved in an
accident. You are injured. You have automobile
insurance. No problem - or so you think. Insurance
companies want to have you pay your premiums year in and year out
and then, when it is time to cover a claim, they want to tell you
what it is worth. Often times they will advertise that they
pay out their claims within "so many" hours of the report.
Of course, they would love to settle all claims within a few hours
because an uninformed insured will often times take much less than
what the case is worth.
The reality is that once you
accept their settlement all future claims are barred. Taking a
quick settlement is always in the interest of the insurance
company's bottom line. Paying on only visible injuries
overlooks the potential claim for those hidden injuries that will
appear afterwards - after a quick settlement prevents a claim.
Insurance companies are in the business to make a
profit like all private industries. They contract with you to
insure you against the injuries that may occur due to an accident.
That is what you and your insurance company have agreed to.
Only the insurance company takes the gamble that you will never be
in a car accident. If you are not in an accident, all your
premiums are their profit. If you are in an accident, then
your responsible behavior to protect that possible risk is covered.
Unfortunately, the insurance company can only try and minimize your
coverage in order to protect its bottom line. They do not want to be your health care fund
because that is not profitable for them. However, you and your
insurance company have contracted for just that possibility.
It is at the point where you are injured that the terms of your
contract need to be enforced - this is when an attorney is most
valuable. Review your insurance
contract. All those high limits look good on paper but what
you believe your health is worth is often times at odds with the
value that your insurance company places on it.
What about the other driver
who caused the accident? Is his or her insurance on the line? You
bet - but without an attorney on your side you are fighting an
uphill battle. What is the other driver's insurance limits? Did he
or she have insurance? What can you make them pay? If you ask the
other driver's insurance company to pay, don't expect much.
The other driver's insurance company is also a for-profit
company.
Injuries that result from
automobile accidents often take repeated visits to a medical
professional to diagnose and treat. Often times an injury will
lie dormant for months or years before it becomes serious.
Insurance companies know this better than any of us. Your
insurance company wants to avoid any responsibility for a long term
injury because the requirements of their contract to you would be to
pay you for the costs of that injury. That is why they are so
anxious to make the "quick" settlement. Remember, it
is insurance companies that come up with "actuary tables."
These are statistical formulas they use to determine what you are
worth - life expectancy, etc. Don't let them make you a
statistic.
If You Are
Involved in an Automobile Accident
Anticipate the possibility of being
in an automobile accident. Be prepared to protect yourself. If
you are in a car or truck accident . . .
Call the
police immediately.
Always have a camera and take pictures of the vehicles, the accident scene, and
the other drivers. If you don't have a digital, keep a
disposable camera in your car. Take pictures of your injuries
also.
Secure the accident scene. Put up flares, redirect traffic, etc. Florida law
requires that the vehicles be moved out of the way of traffic as
soon as possible. Try to take pictures of the scene before you
move the cars.
Record the other driver's name, address, phone number, license number,
registration, and proof of insurance.
IF YOU ARE
CITED AS THE AT-FAULT DRIVER continue to do all things necessary
to preserve your case as noted above. Explain your side of
what happened to law enforcement. Be clear, concise and
consistent. Do not become angry with the law enforcement
officer should he cite you as the at-fault driver. Call us
immediately.
Accident
citations can be defended. Additionally, even if law
enforcement decides you were at fault, in a civil trial a jury
may determine that partial fault applies to the other driver.
Do not give up even if some law firms won't take your case.
Gather
the contact information of all witnesses.
It will be important for these people to be contacted by your
attorney at a later date. Try to convince the witnesses to remain at
the scene until the police arrive. If they won't ask for their names
and addresses - copy their tag numbers if they will not give you
this information.

Seek
medical attention as soon as possible after the accident.
Always see a doctor immediately after an accident.
Although you may feel fine now an injury could be masked by
adrenaline due to the shock of this unexpected experience.
If law enforcement asks if you need medical attention you should
always answer yes except in the most minor of fender benders.
Many injuries will not begin to cause noticeable pain until weeks
later. These injuries can
hide for months before becoming a pain in
the neck - literally.
Do not wait. Remember,
You must be seeing a doctor in order to prove your injuries.
Report
the accident to your insurance company.
However, never discuss the accident with the other driver's insurance
company. They will call and ask - don't answer until you have consulted with an attorney experienced in the practice of personal injury
law.
Once we are hired you can refer anyone who contacts you about the accident us.
Once it is known that we are hired most calls will stop.
Your automobile insurance
covers your medical expenses for injuries caused by an accident -
use it. This is the Personal Injury Protection (PIP) that we
all hear about when we buy insurance. It will cover 80% of
your expenses up to $10,000. Your Health Insurance can be used
after the PIP.
Automobile damage.
Vehicles have no intrinsic value. This means that despite your
fondness for your car you are only entitled to money to replace the
value of that year vehicle. Your insurance company will cover
that expense. An attorney can ensure that you are correctly
compensated for the loss of your vehicle. If you are injured then your attorney WILL assist you
in this recovery.
Contact us
immediately. We will explain your rights, options, and
claims. The Florida Bar limits an attorneys ability to contact
you for the first 30 days so you must contact us during this period.
It is also the most critical period to be informed and the time that
your insurance company will pressure you to settle your case.
Additionally, most attorneys can assist you in finding a doctor that will treat
you.
Your insurance company is
bound by their contract to you. You have time to check out
your options. Before talking to your insurance company meet with an attorney that answers all your
questions and one that makes you feel comfortable. Experience counts.
If you
have been injured in an accident involving a truck or automobile call us today at
(407) 841-5555. Speak to
an attorney now.
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I've never been in an
accident before. Why should I not trust my insurance company?
It's not a matter of trust. You and your
insurance company have a contractual relationship. It is not a
friendship or partnership. We are not trying to convince you that
all insurance companies are evil and cannot be trusted. To the
contrary, they provide a valuable service for our society. However, they have their job to do and,
as is the case with all private corporations,
their bottom line is their incentive. Hiring an attorney when you
are injured puts your concerns on the table as well when it comes to
settling claims.
My insurance company
is known for settling cases fast. Won't hiring an attorney slow down
that process? How will I pay for my medical bills?
Yes, hiring an attorney will most
likely slow down the settlement process but for good reason.
Complete diagnosis of your injuries cannot be concluded in 3-7 days.
An attorney can make sure that your medical bills are covered while
the case proceeds and your injuries are discerned so that the
settlement covers all your ailments.
How much does an
attorney cost to represent me if I am injured in a car accident?
There are no initial out-of-pocket expenses.
The attorney is paid through the settlement process and his
incentive is to get you the largest possible settlement that your
claim commands.
Consultations are free so you have nothing to lose just by talking
with an experienced attorney. It is often an eye-opening experience.
I think all attorneys
are just out to make a buck and I don't need one - I trust my
insurance company.
Attorneys
are out to make money. They are all private entities
themselves. However, unlike the attorneys that are hired by
your insurance company to defend their low-end quote, an attorney
you hire is on a contingency fee. They have no incentive to
draw out your claim because they are not paid by the hour.
They want you to receive the most for your claim because their pay
is based on that alone. They will also hold your insurance
company to their contractual obligations.
Motor vehicle
accidents are the leading cause of injury and death in the United
States.
Americans drive almost 3
TRILLION miles per year. Three million people on average are
injured or killed on our roads each year. The National Highway Transportation Safety Administration's
statistics regarding motor vehicle accidents for 2001 were:
>Three million people were injured in motor vehicle accidents.
>Over 40 thousand died in motor vehicle accidents. >Almost
half of the fatalities were alcohol related. >Nearly 3 thousand children under the age of 15 were killed in motor vehicle accidents.
>Over 7 thousand young drivers (between 16-20) were involved in fatal crashes.
>Roughly three thousand motorcyclists were killed. >Over
4500 pedestrians were killed. >Improper use or disregarding of seat belts accounted for 63% of the fatalities.
Always have automobile insurance that contains uninsured and
under-insured coverage.
If you have questions please call.
We don't charge anyone for this and we will be happy to talk to you
about your situation. |