After getting into a car accident, you will likely be scared, shaken up and confused. What you do after a car accident is absolutely critical; however, many people do not know the correct steps they should be taking. Follow these steps to make the unpleasant experience go as smoothly as possible.
Get injuries treated
Of course, treating any injuries you may have sustained is always the first thing you should do in the event of an accident. REMEMBER due to the changes in Florida No Fault Laws, you now have only 14 days to seek initial treatment. If treatment is sought after two weeks, nothing will be reimbursed by the insurance company. Further, policyholders may be eligible for only $2,500 in coverage, as opposed to the previous limit of $10,000. Only those with serious injuries are eligible for the higher limit, while those with less severe injuries will receive only up to $2,500. Patients will need certification by a medical doctor, osteopathic physician, dentist, physician assistant, or advanced registered nurse practitioner corroborating that the injury required immediate medical attention.
File a police report
It is important to get the police involved in all car accidents. The police will collect statements from all parties involved, including key witnesses. Afterward, the police will construct a police report with all the facts they gathered. This report will aid in the determination of who caused the crash.
Take photographs
It is important to take as many photographs as you can of the accident scene and especially your injuries. Make sure you take photographs of the damage done to both vehicles, any skid marks on the pavement, as well as the direction of glass or other car parts on the road. All of these photographs will help insurance companies determine the cause of the accident. Remember, a picture is worth a thousand words and sometimes in these cases, thousands of dollars.
Get the names of witnesses
If at all possible get the name and contact information of anyone who witnessed the accident. Insurance companies are more likely to believe an uninvolved third party than the two biased drivers.
Exchange insurance information
This is the most important thing to do after getting into an accident. If you do not get the other person’s insurance information, your insurance company may end up making you pay out of pocket for the damages, even if the other driver was at fault.
Protect Your Rights
Many insurance companies want to take statements immediately following an accident, but sometimes it is best to seek legal advice before providing one. NEVER SPEAK TO THE OTHER PERSON’S INSURANCE COMPANY ABOUT YOUR INJURIES. An attorney can advise you on a variety of issues including how to make sure you are getting the best medical treatment or that you may be fully compensated for the problems caused by the accident.
If you have been in an accident and would like more information about your rights, contact us.
YES!!!
Uninsured/underinsured motorist insurance covers you when the driver that caused the crash does not have any or enough insurance to pay for your injuries.
According to the Insurance Research Council, the State of Florida has the unfortunate honor of being the fifth highest in the country for the number of uninsured motorists on the highway.
The best thing to do is to buy uninsured motorist coverage. UM, also known as un-insured or under-insured motorist insurance coverage is a much needed coverage in Florida.
Many insurance agents discourage people from buying UM coverage and tell their customers that UM is not necessary or they can save a little money by not buying this coverage. For the most part UM is not an expensive addition to your policy premium compared to liability coverage or collision coverage, neither of which cover your injury in the event of an accident with an uninsured or underinsured motorist. The real reason agents discourage buying UM is that it is a very affordable coverage and a great bargain for the client, but not a good deal for the insurance company.
Isn’t my PERSONAL INJURY PROTECTION (PIP) enough?
NO!!
In Florida the only insurance that is mandatory is Property Damage and PIP (Personal Injury Protection) which covers 80% of your medical bills and 60% of your lost wages after an accident regardless of fault up to $10,000.00. You now have only 14 days to seek initial treatment. If treatment is sought after two weeks, nothing will be reimbursed by the insurance company. Further, policyholders may be eligible for only $2,500.00 in coverage, as opposed to the previous limit of $10,000. Only those with serious injuries are eligible for the higher limit, while those with less severe injuries will receive only up to $2,500.00. Patients will need certification by a medical doctor, osteopathic physician, dentist, physician assistant, or advanced registered nurse practitioner corroborating that the injury required immediate medical attention.
If you are involved in an accident in which the other driver either has no insurance coverage or is under-insured with regard to bodily injury liability, you may find that there is no coverage for your injury, or insufficient coverage for your injury, other than the minimum PIP coverage as required by law.
If your injury is serious, your medical bills may well exceed $10,000.00, and if you have a serious or permanent injury you may be entitled to payment for those injuries from the driver that caused the accident. In the current economy, many drivers elect the minimum required insurance coverage of PIP and property damage, and do not purchase liability coverage. Uninsured motorist coverage then takes the place of the bodily injury coverage the at fault driver failed to carry, or adds on to the inadequate or under-insured coverage of the at-fault driver. The injured person can pursue a claim against their UM coverage in the same way that they would have pursued their claim against the un-insured or under-insured driver.
If you don’t understand the language in your insurance policy, you can always call us. It’s better to make sure your questions are answered and that you fully understand your insurance rights.
YES!
No one likes to think about death or health problems, however these documents are crucial to ensuring your family is provided for and that your wishes are honored both while you are living and after you pass away. Documents typically included in a will package may include some or all of the following:
Last Will and Testament: A last will and testament is a document which allows you to have control over how your assets (house, car, personal belongings, etc.) are distributed after your death, to name your personal representative (the person responsible for administering your estate), and to establish care for your minor children. Having a last will and testament is very important because if you die without a will your assets will be distributed according to Florida Statutes rather than according to your specific wishes.
Power of Attorney: A power of attorney allows you to appoint a person to be your attorney-in-fact or, in other words, act on your behalf in conducting both day to day business and in emergency situations in which you cannot act for yourself. This document is only effective during your lifetime and is effective regardless of whether you are incapacitated. A power of attorney can be tailored to permit the attorney-in-fact to act on your behalf in many different situations or only in limited situations of your choosing.
Health Care Surrogate: A health care surrogate allows you to designate a person whom you would like to make health care decisions on your behalf in the event that you become incapacitated and cannot make these decisions yourself. Such decisions include, but are not limited to, diagnostic procedures, medical treatment, and surgical procedures.
Living Will: A living will allows you to declare what kind of medical treatments you do or do not want to receive in the event that you suffer from a terminal illness, end-stage condition, or are in a permanent vegetative state. This document does not become effective unless you become incapacitated, which means that until then you’ll be able to say what treatments you do or do not wish to receive.
Declaration of Pre-Need Guardian: A declaration of pre-need guardian allows you to designate an individual that you would like to serve as your guardian (both for your person and your property) in the event that you become incapacitated.
Trust: A trust is a document in which is generally used by persons with assets valued at $500,000 or more. In most situations, you (the Grantor) will be a Trustee of your own trust. Additionally, a trust allows you to designate one or more Successor Trustee to act prior to and/or after your death. After a trust has been signed, then you must transfer your assets into the trust in order for the trust to administer the assets as directed. A trust may be established for individuals, married couples, and entire families.
Please visit our office to discuss the options available to best protect you and your family. We look forward to working with you!
Phone: (321) 631-8487
Address: Address: 1015 Florida Avenue #B
Rockledge, FL 32955
Email: info@davidbakerlaw.com