AUTO ACCIDENTS

1. How does auto insurance work in Florida?

Florida has adopted a "no-fault" system in Florida. Under Florida's "no fault" system, you may be able to collect from your insurance company, regardless of who is at fault, for certain damages. Those damages are usually limited to $10,000, which covers 80% of "reasonable" medical expenses, 60% of lost wages, and $5,000 for death benefits.

Florida's "no fault" system is extremely complex and is full of pitfalls for the inexperienced.

2. If someone else is at fault, may I sue or negotiate to get additional damages?

Yes, but only under certain circumstances. In most cases, your injury must be a permanent one. Permanent does not mean total. Most people who are permanently disabled are not totally disabled. In the event of a permanent disability (total or partial), you may be able to recover damages for all injuries, including pain and suffering, mental anguish, and all other related damages.

3. What should I do after an auto accident?

Florida law requires that you exchange certain information and/or provide certain information to the police investigating the accident. When exchanging information with the other driver, do not discuss the facts or your opinions about what happened. If the other driver makes statements, you should make note of them, however.

You should try and get the names and addresses of any witnesses to the accident. You should see a doctor to be checked for injuries. Not all injuries are readily apparent and many times, symptoms do not show up until later.

You should consult with an attorney experienced in personal injury cases, just as soon as possible.

4. Will I have to pay for an attorney?

Most attorneys will represent you based on a contingency fee. That means the attorney will only get paid if you obtain a money judgment. The attorney gets a percentage of the amount recovered. If there is no recovery, there are not attorneys fee paid. You will be responsible for expenses, however. Those expenses will have to be paid, even if you win, out of the proceeds. All contingency fee arrangements must be in writing. The fee agreement must state the method by which the fee is determined and the percentage that the attorney will get in the event of a recovery.

5. What if I already have an attorney and am dissatisfied?

The Florida Bar publishes a Statement of Client Rights. When you originally signed your retainer agreement, you should have been given a copy to keep. If you were not given a copy or do not have copy, you can get a copy from the Florida Bar by clicking here.

6. How long will the case take and will I have to go to court?

The length of each case will depend on the facts and the insurance company involved. It could take a few months, or drag out over a year. Most cases are settled out of court and therefore, it is rare that you will need to go to court for a trial. You may need to be deposed. Giving a deposition is being sworn to tell the truth and answering questions under oath by one or more attorneys, usually in a law office or a court reporter's office.

7. What else do I need to know about auto accidents?

Information provided here is very general and is NOT a substitute for specific legal advise about your case. The best advise is for you to consult with an experienced injury attorney just as soon as practicable.

If you do not already have an attorney for your auto accident case and would like to schedule a free no obligation consultation, click here.

USEFULL LINKS
Broward County Consumer Affairs - Auto Repair Information - click here.
Florida Auto Repair - click here.

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