A Comprehensive Guide to Car Accident Claims in Miami
What you do in the minutes, hours, and days after a car accident can substantially affect your ability to make a claim. Getting it right makes it more likely that you will get the compensation you deserve.
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Florida’s laws around car accident claims differ from other states. However, you can still make a personal injury claim if you have a case (something our attorneys can help you with).
This post explores what to do after a car accident in Miami. We cover Florida’s no-fault insurance law and discuss how to negotiate with insurance firms to get the best settlement. Here’s what you need to know:
What To Do After A Car Accident In Miami
You can improve your chances of a positive outcome in your favor by following the advice in this section. Abiding by these steps gives you confidence and ensures that you navigate the situation properly.
Step 1: Call 911 And Get To Safety
The first step is to call the authorities and get to safety if you are in a dangerous place. Alerting the authorities enables you to get rapid assistance for any injuries.
If you can pull over to the side of the road, do so. Getting out of the flow of traffic reduces the risk of further injuries. Pull up on the curb or use the emergency lane if one is available.
Then, check other people for injuries and listen to the instructions of the 911 dispatcher. Follow their guidance and advice on what to do while you wait for assistance.
Usually, when you call 911, the authorities send an ambulance and medical crew even if you don’t feel any pain. That’s because adrenaline can mask injuries in the aftermath of an accident and make you feel okay when you are not.
Step 2: Seek Medical Attention
The next step is to seek medical attention. You should do this even if you can’t feel any injuries. Healthcare professionals will check to see if you have any broken bones, internal bleeding, or visible injuries you didn’t detect in the immediate aftermath of the collision.
Many people don’t experience the adverse effects of injuries such as whiplash immediately. Instead, it takes their bodies time to process the symptoms before they become painful.
Getting proper documentation of these injuries soon after the accident is critical. Going to the emergency room immediately for a diagnosis reduces the ability of insurance companies to claim that other causes led to your injuries.
It also lets you collect the documentation you need to file a claim. Medical professionals will produce reports detailing the circumstances of your injury, including their belief the accident caused it.
Lastly, seeking medical attention protects your health. The sooner you can get help, the more likely you will receive the proper care and get on the road to recovery.
Various hospitals are available in Miami, including Mount Sinai Medical Center, HCA Florida Aventura Hospital, and Jackson North Medical Center. Courts and insurance companies trust these institutions to provide accurate information.
Step 3: Gather Evidence
If you are waiting for authorities to arrive and can do so, gather evidence. Take photographs of the accident scene from various angles to show the damage. Picture the skid marks, road signs, and traffic conditions to enable experts to recreate what happened during the accident.
Make voice recordings on your phone or write down detailed notes of the events as they unfolded. Keeping contemporaneous evidence adds weight to your case if you go to court. It also helps to preserve your memory of what happened.
You also want to gather eyewitness information. If anyone saw the incident, you can ask for their name and address and later collect a statement.
If possible, you should also exchange information with the other driver. Get their name, address, phone number, insurance company, policy number, license plate, and driving license information. These details will help relevant third parties identify them.
If you can’t collect this information because of an injury or threats made to you, don’t worry. The police will also gather these details on your behalf when they arrive. Your attorney can then use their reports to reconstruct events to determine preliminary fault, helping you build a stronger case.
Step 4: Notify Your Insurance Company
Once you deal with your health and immediate safety, notify your insurance company of the accident. Most insurers have terms that insist you tell them about a claim within a specific time frame, so don’t delay.
When calling, provide them with your documentation. The collected evidence and information should match what you tell them on the phone. (If it doesn’t and you answer their questions differently, it could harm your case).
Write down anything the insurance company tells you that might be important for your case. That includes your claim number and specific requests the insurer makes.
Step 5: Get A Copy Of The Police Report
After that, you will want a copy of the police report from the police department. The Miami police department has an online portal that lets you accident this documentation.
The police report is an essential component of making a personal injury claim. It contains information that helps insurers and courts determine fault.
Step 6: Contact An Experienced Attorney
The final step is to contact an experienced attorney. Having a professional by your side who understands the intricacies of personal injury law increases the likelihood of making a successful claim.
Notify the attorney as soon as you can. They can provide immediate guidance on what you should do next, such as collecting evidence of lost wages, medical bills, etc.
For example, lawyers can recommend against admitting fault. Attorneys can also help with talking to insurers and submitting proper documentation.
The more help you get early on, the more likely you will receive a favorable settlement. If you do something that compromises your case, courts and insurers may be less willing to provide compensation.
Florida’s No-Fault Insurance Law
Florida is one of the few no-fault car insurance states. That means that when you file a claim, you do it with your insurance company, not the firm of the at-fault driver.
These rules are different from other parts of the country. Florida law requires that all drivers carry $10,000 in PIP coverage. This money pays for things like lost wages and medical bills, regardless of who was responsible for the accident. It can also cover the costs associated with injuries to other passengers if they are on the policy.
You can seek damages beyond this initial coverage, but the circumstances must meet the threshold for suing. In Florida, that means:
- Significant and permanent loss of some form of bodily function
- Significant and permanent scarring or disfigurement
- Death
- A reasonable degree of medical probability of death
The compensation you could get for a serious injury is significant. For instance, under Florida law, you could claim medical bills, short-term hospital stays, long-term care, and damages for the pain and suffering you experienced (including mental anguish and trauma). You can even claim for so-called “loss of consortium” if your injuries impact your relationships.
Proving you meet Florida’s threshold for suing can be challenging. Therefore, always work with an experienced attorney. Professionals can guide you on your options and ensure you do not make any mistakes that disqualify you from making a claim.
How To Negotiate With Insurance Firms
The best way to negotiate with insurance firms is to find a lawyer who does it for a living to represent you. Professionals help you avoid making mistakes.
The first step is to gather the documentation you need. Collecting police reports, medical records, and car repair estimates can help.
You should also research fair compensation for your injuries (which is something your attorney can help you with). Having this information to hand improves your position when talking to insurers.
When you pick up the phone and call them, do not admit fault. Stick to the facts and explain what happened while being polite and professional. If you aren’t confident, get an attorney to do this step for you.
When negotiating, don’t accept the first offer. Most insurance companies will play lowball, trying to reduce the amount they pay out. While their offers might sound tempting, they may not cover the cost of your injuries.
During negotiations, focus on specifics. Highlight the cost of lost earnings, medical bills, and the pain and suffering you experienced. Tally the entire cost to get a better picture.
Once you provide a counteroffer, set a deadline. Tell the adjuster how long they have to accept. Also, inform them if you are using a personal injury lawyer.
Hiring An Attorney
Many people win substantial compensation after car accidents in Florida. However, that requires avoiding mistakes.
That’s why it is essential to use a qualified attorney. Professional car accident lawyers can advise you throughout the process and negotiate with insurers on your behalf. Furthermore, they can represent you if the case goes to court, giving you the best chance of success.
