Being in a car accident can be traumatic. It’s even worse if you got injured in the accident. Sometimes you don’t know what to do, but you should do something.
If a negligent driver injured you, what you do immediately after the accident is of utmost importance. Nobody wishes to be in an accident, but you should know what to do in case it ever happens.
What to Do After a Car Accident
1. File a Police Report
Contact the authorities to file a police report. A police officer should come to the scene, assess it, and write a report. A police report will be valuable once you file a claim. If possible, obtain the officer’s badge number.
The time limit for filing a police report depends on the state where it happened. However, most departments give you up to 72 hours after the accident to file a report.
According to Florida law, you should contact the authorities if the accident resulted in the following:
- Death of any parties involved
- Injury
- Damaged property of at least $500
2. Seek Medical Attention
If you have suffered injuries, you should seek medical attention. Some injuries can become complicated if they are not attended early enough. You also don’t want to get infections in case of open wounds. Even if you have no injuries, it’s wise to get checked to rule out any injury that would go unnoticed. In case of health issues later due to the accident, you won’t be compensated.
Additionally, health records will be valuable when settling your injury claim. Ensure you keep all the records including medical bills. The claim should settle your medical bills, including future bills if there are any.
3. Protect Evidence at the Scene
To get compensated for your injuries, you will need to prove they resulted from the accident. Everything on that scene that can be used as evidence is valuable.
Take photos and record videos if you need to. Make sure you take pictures of your injuries too.
If there were witnesses, take their information, including their name, address, and phone number. The witnesses’ statements will act as evidence when settling the claim.
The photos will prove the injury and show how it affected your life after the accident. They will be valuable for your attorney to use when negotiating compensation.
4. Contact a Car Accident Lawyer
It may not seem like one of the essential things to do after an accident but contacting a car accident lawyer in Lakewood will be extremely beneficial.
Florida’s laws and requirements for accident claims can be challenging for a person without a legal background. The sooner you contact a lawyer, the better it will be for your claim. Insurance companies take advantage of victims without legal representation.
Who Do You Sue?
In case you file a claim, you should know who to sue. If the other party’s negligence caused the accident, they should compensate you.
For instance, in case of distracted driving, like talking on the phone or texting, or driving under the influence.
Other times, an accident may happen even if both of you were driving carefully. Maybe a mechanical problem occurred in either of the cars. You can sue the mechanic or dealer who handled the car or the manufacturers of the parts.
Where a bad road, loose chippings, missing road signs, or traffic lights in Lakewood caused the accident, you can sue the government agency responsible for maintaining the infrastructure.
Several entities can also be responsible for the accident. If, for example, a driver was driving under the influence of alcohol and lost control when trying to avoid a pothole, both the driver and the road department are at fault.
Dealing with the Insurance Company
Florida is a no-fault state. That means no matter who was at fault, your insurance company is the primary insurer that should take care of your medical bills if you’re hurt in a car accident.
The no-fault coverage covers up to your limit ($10,000) is on an 80/20 basis. It pays 80% of your medical bills up to $10,000.
If you have medical payments coverage to cover the 20% balance, the health insurance policy will pay after your no-fault cover has been exhausted. This might be private health insurance, Medicaid, or Medicare.
However, the collateral sources will have a lien against any payment you’ll recover in compensation. A lawyer can help you negotiate the lien with the health insurance and sometimes even get a waiver from the lienholder.
It might be challenging to get your no-fault insurance company to pay for the injuries. Insurance companies will do anything to ensure they don’t spend money, including blaming you for the accident.
But with an experienced car accident lawyer familiar with the no-fault Florida law and insurance companies, you can get the coverage you deserve.
What Damages Can You Be Compensated For?
Whether you are suing the negligent driver, a government agency, a ride-sharing company, or whoever was responsible, these are the damages you can be compensated for:
- Medical expenses, including future expenses
- Pain and suffering
- Mental anguish
- Loss of wages
- Loss of consortium
- Loss of enjoyment of life
- Property damage
- Punitive damages where the at-fault driver was under the influence of alcohol or drugs
Why You Need a Car Accident Lawyer
Florida law on car accidents can be challenging. You need an experienced lawyer to help you with the legal process.
Other ways a lawyer can help you include the following:
- Help assess the case and determine who to sue
- Gather evidence for the case
- Represent you in court
- Negotiate with the insurance company
- Negotiate with the lienholder to reduce the amount of the lien
