You’re getting off I-95 onto Broward Blvd. Traffic is bumper to bumper during rush hour when suddenly, someone a little too impatient and distracted by their breakfast sandwich smacks into your rear. You’re hurting, but decide to shrug it off. Days later, that little pain has increased in magnitude, keeping you out of work and heading to the emergency room. Worse still are the needless fights you’ll have with your insurance carrier simply because you decided to tough it out.
The things you do immediately after an accident can have serious ramifications for your health and your ability to seek compensation for your injuries and losses. Doing the right things promptly will aid in protecting your rights, preserving evidence, and helping you obtain maximum compensation. In this article, ourFort Lauderdale car accident lawyers review what to do and why after a collision.
The Legal Deadlines After a Car Accident in Fort Lauderdale, Florida
There are two main deadlines affecting car accident claims you should know. As a Florida driver, you purchased personal injury protection(PIP) insurance coverage to register your vehicle and legally drive on our roads. UnderFlorida Statutes § 627.736, you have access to some medical coverage, a portion of your lost wages, and death benefits for any accident you are in. As a part of our no-fault system, you do not have to prove who was at fault.
However, you must see a doctor within 14 days of the accident, or you will not have access to this coverage for your medical bills.
The second major deadline you should know is the statute of limitations. UnderFlorida Statutes § 95.11, you generally have two years after the car accident to file a personal injury lawsuit. Now, certain circumstances could change the duration, and when the deadline starts, but if this deadline passes, you will lose any leverage you have with the insurance companies to seek fair compensation.
Our car accident attorneys in Fort Lauderdale can provide you with more guidance and answers to your questions, but if either of these deadlines passes, we may not be able to help.
Get a Police Report
Immediately after the car accident, you need to call 911 so that either the Fort Lauderdale Police Department, Broward County Sheriff’s Office, or Florida Highway Patrol can assess the accident and create a police report containing such information as:
- Time and location of the accident
- Vehicle information and the estimated value of the damage
- Citations issued
- The officer’s opinion on the cause
The insurance companies will expect to see that report when you file a car accident claim.
Car Accident Evidence Is Very Time-Sensitive
The scene of your accident could literally be swept up within hours of it happening. It is imperative that immediately after the accident, and if your injuries permit, you start collecting as much evidence as possible.
You can help your case by doing the following:
- Take as many photos and videos as you can of the accident scene, your injuries, and the vehicles
- Note the location of any traffic cameras, dash cams, and business surveillance
- Ask witnesses and passengers for their contact information so that they may give statements
Videos can be overwritten within hours, and witnesses’ memories will fade, but prompt action on your part could preserve this evidence and aid yourpersonal injury attorney in building a strong insurance claim.
Medical Documentation and Treatment Gaps
If an ambulance has not been called to take you to the emergency room, you need to go immediately after the police finish their report. Do not wait. Do not make assumptions. See a doctor immediately.
For one thing, you may have injuries that will not readily appear for days without a doctor’s diagnosis. Delaying any treatment could put you in danger. For another thing, you do not want to skip any treatments or appointments. You need to be constantly vigilant with your recovery and completely open with your doctor.
On the legal side of these things, insurance companies will use any delay to question the cause of your injury and gaps in your treatment to justify lowering your settlement. And without proper medical documentation, they could outright deny your claim.
Understanding the Full Impact of Your Accident
In addition to addressing your immediate medical care, you also need to consider the duration of your recovery, whether you will need any future medical care, and the long-term impact on your quality of life. Your doctors and medical professionals can provide a prognosis, but you really must wait until you have reached maximum medical improvement (MMI).
Insurers will push for an early settlement. Any attempt to assess your medical expenses before you reach MMI could leave you with future medical debt not covered. However, an attorney can protect you from making a mistake and accepting an early, low-ball offer.
Insurance Companies Act Quickly, and So Should You
Insurance adjusters are not on your side. They work for the insurance company, so they have an interest in saving the company’s profits. As soon as they become aware of the accident, they will quickly assess the damage and your injuries based on their playbook, not on your actual needs. They will look for every opportunity to punch holes in your claim to save money.
To protect yourself, do not give a recorded statement until you speak with an attorney. Any comments you make can be used against you. Saying you’re sorry or that it was my fault will affect the value of your claim.
A lawyer can speak on your behalf, protecting you from undermining the value of your claim.
When Should You Contact a Fort Lauderdale Car Accident Lawyer?
It’s possible that you may not need the assistance of a personal injury lawyer. However, you may want to reach out to us if you are dealing with such situations as:
- Serious injuries, such as broken bones or ahead injury
- Insurers disputing fault or blaming you for the accident
- Bad faith practices, such as unnecessary delays or denials
Most law firms offer free consultations after a car accident in Florida, but you should call as soon as possible. They can:
- Explain your legal options
- Collect and preserve evidence
- Determine your damages
- Take over communications with the insurance company
- Negotiate and litigate your case
At the Law Offices of Wolf & Pravato, we can help you seek the maximum compensation possible.
Call the Law Offices of Wolf & Pravato Today
The sooner you contact our office, the sooner we can start protecting your rights. Call us today at (844) 643-7200.