Car Accident Frequently Asked Questions

If you walk away from a car accident and simply feel a bit shaken up, should you go to the doctor?

Yes, it’s a good idea to have your doctor, or an emergency room physician, evaluate you after a serious automobile collision. Never try to comfort the other at-fault driver by telling them that you feel fine and weren’t hurt. Your words of comfort may be used against you later. Sometimes injuries aren’t readily apparent after a car accident. You may walk away from the crash, but the next day be so sore you can’t get out of bed. Be sure to describe all symptoms to your doctor, even those that may seem insignificant to you, such as minor tingling.

Should you speak to the other driver’s insurance company?

You are required to give a statement to your own insurance company. But you should decline to answer questions from the other driver’s insurance company. They are calling you to gather information to reject or minimize your claim. Insurance company adjusters are skilled negotiators. If an insurance company adjuster representing the other driver contacts you, it’s best to say firmly that you are not prepared to answer questions at this time, and then hang up the phone. You should always consult a car accident lawyer for guidance before speaking with the other driver’s insurance company.

The reckless driver who caused your accident faces charges filed by police. Can you also file a lawsuit against the reckless driver?

Yes, if you suffered a serious injury you may file a civil lawsuit in Florida, demanding that the reckless driver and their insurance company pay compensation for your injuries and damages caused by the driver’s disregard for driving safety. It’s important to understand that a civil lawsuit is separate from any criminal penalties the reckless driver faces. Reckless driving is a serious criminal offense in Florida. But you won’t receive any compensation from a criminal conviction of the reckless driver. It’s up to you to contact an experienced automobile accident attorney if you are interested in filing a civil lawsuit against the reckless driver to recover money for your injuries and damages.

After a serious accident in a high construction work zone, who may be at fault?

It’s important to talk to an experienced Florida construction work zone lawyer to evaluate the specifics of the accident and all the potentially responsible parties. A motorist injured in a car accident in a work construction zone may have a legal claim against a careless motorist who was driving too fast for work zone conditions, against a highway contractor who did not properly warn of hazardous road conditions or even against a transportation agency that created a hazardous roadway design. Work zone safety is an increasing concern in Florida.

If you are injured in a collision with an uninsured motorist or an underinsured motorist in Florida, who pays for your medical bills?

Florida is one of the few states that does not require motorists to carry liability insurance to cover bodily injuries to other motorists. Since Florida is a no-fault insurance state, your insurance company should pay for your medical coverage no matter who is at fault.  But from years of experience, we have observed that insurance companies often refuse to pay the claim or offer pennies on the dollar to settle a claim. As part of being a civil trial lawyer, I studied the uninsured motorist laws and Florida no-fault insurance regulations. It’s often advantageous to bring a first-party claim against your own insurance company to ensure that you receive full compensation for your injuries.

If your spouse dies in an automobile accident caused by another driver, how long do you have to file a wrongful death lawsuit?

In Florida, the immediate family of a car accident fatality victim has two years from the date of their loved one’s death to file a wrongful death claim. But it’s important to contact an experienced personal injury lawyer as soon as possible so that they can work to preserve valuable evidence before it is lost.

Contact an Experienced Florida Car Accident Lawyer

After a serious car accident, seek experienced counsel.  I am attorney Philip DeBerard. I have over three decades of legal experience representing people injured in motor vehicle accidents and other personal injury claims. My expertise as a civil trial lawyer anchors a compassionate team of lawyers, paralegals and staff who provide personalized legal service to our clients. We pride ourselves on providing one-on-one attention that other firms don’t deliver to people across South Florida and the Treasure Coast.

About The Firm

The law firm of Philip DeBerard, Injury Attorney, represents victims of car accidents and automobile crashes in StuartJupiterPort St. LucieOkeechobeeFort PiercePalm Beach and Vero Beach. If character traits such as integrity, dedication and compassion are what you seek in an accident lawyer, call Philip DeBerard. Choosing the right accident lawyer does make a difference.

Call 1-800-299-8878 to speak with a knowledgeable Florida car accident attorney or fill out our online contact form.


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