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What Are The Top Misconceptions People Have About Auto Accidents?

There are three things that are usually the top misconceptions people have when it comes to auto accidents. The first thing is they figure that the insurance company will handle everything, and that is usually not the case. The second thing is that if it is not their fault and even if they have no damage that they are entitled to be compensated. I often hear something along the lines of “I could have been killed”. The essence of the law is you were not killed and you were not hurt, so you do not have any damages. The other thing that they are concerned about is that that it was their fault so they think they are entitled to nothing, and that’s not true either. It can be partially your fault but you can still be entitled to some kind of compensation.

What Is Fault And How Is It Going To Impact My Auto Injury Case?

The easiest way to understand fault, although it is not always the case, is whether or not you received the ticket. This may not be the end of it, but it is a pretty good guide in that the investigating police officer’s opinion is that it is more likely than not that you were at fault. Sometimes it is not known who is at fault. One person says the light was green, while the other person says the light was red. Sometimes there are witnesses and sometimes there are cameras, but sometimes there are not. There are some parts of your insurance which do not care whether you were at fault or not. For the parts that do care whether you were at fault or not, then it becomes the question of how much were you at fault. If it is a, he said the light was red and she said the light was green scenario, the fault may be apportioned fifty-fifty. Whatever settlement you get might be reduced by 50 percent. But even if it is more than 50 percent, even if you are 70 or 80 percent at fault, you can still collect 20 or 30 percent of whatever settlement is arrived at.

What Is The Statute Of Limitations For Bringing An Auto Accident Claim In Florida?

In Florida, the statute of limitations for bringing an auto accident claim is four years.

The first step someone should take if they suspect they have to file an auto accident claim is to go to a doctor. You have got to do this by law within 14 days and the sooner the better. Obviously, if you are transported to the emergency room at the time of the accident that will cover it, but if you do not go to a doctor otherwise then you have a serious problem on your hands. It is much preferred that you go to a medical doctor as opposed to an acupuncture person or a chiropractor although you may follow up with those. Your first visit should be with a medical doctor. The other step is to get any photos or witness statements or witness contacts that you can. At the time, this may not either be available or may not be easy to get but you should try anyway.

Take photos of any property damage. Almost everyone has a cell phone with a camera, so do that if you can. You may not be able to do these things because you may yourself be incapacitated, but perhaps someone that is with you can or a family or friend that comes to the accident scene as a result of it can do that for you.

You have to tell your insurance company about the auto accident. All insurance policies that I have seen should get a notification within a reasonable period of time, which may be the next day or the day after, but it should be pretty soon. If possible, get a crash report. Those are usually not available for two or three days after the accident. There are various ways of getting them but if you can get a hold of one as soon as possible that would be beneficial.

Should I Notify The Other Driver’s Insurance Company Of The Accident? Am I Required To Do That?

You are required to inform your insurance company but you are not required to notify the other person’s insurance company. You can if you want but you do not have to. As far as your insurance company goes, if there is going to be a claim you should notify them for safety’s sake because you do not know for sure at the time whether there is going to be a claim or not.

What Factors Can Cause A Personal Injury Claim To Be Litigated?

One factor that can cause a personal injury claim to be litigated has to do with insurance companies. They traditionally offer ridiculously low amounts to settle before litigation and even at mediation. Shortly thereafter they realize that you will not go away and they are still very stingy about their offers unless they understand that you are prepared to go to court and this is an expensive path for them. They also like to eliminate the uncertainty of a very large and favorable verdict from the jury as opposed to settling and knowing exactly what amount of money is on the table.

Sometimes, an injured person may have an unrealistic view of what the injury is worth. It is important in this regard to find out what they think it is worth before you get involved and also to see what money is available. Insurance is the easiest way to receive the money. If someone has minimum insurance, you do not want to get a piece of paper which says that you are entitled to $500,000 but you cannot get it; that is another problem that arises.

Why Is It Important To Follow A Doctor’s Orders In A Personal Injury Claim?

It is important to follow a doctor’s orders in a personal injury claim because insurance companies love to use either failure to follow the doctor’s advice, or gaps in care to show that the injury was not so bad or unrelated to the accident. It would be very difficult if as the plaintiff you say you were hurt and the doctor tells you to take these pills and to come back for a refill but you do not and then a couple of months later you say that you were hurt because of the accident. The insurance company will say it could not have been that bad or you would have followed the doctor’s advice. The same thing applies to gaps in care. If you are told to do something and a year passes and then two years passes and you have not done it, the argument will be that you did not do it voluntarily because you yourself thought that you did not need it.

For more information on Misconceptions About Auto Accident Claims, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407)-228-2131 today.

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