Car Accident FAQ for
Do I have grounds to file a personal injury claim for my car accident?
Research published by the International Organisation for Road Accident Prevention has demonstrated that 90% of all car accidents are caused by one of the drivers. In other words, one of the drivers is nearly always to blame. If the other driver is at fault for causing your accident through some type of careless, reckless or otherwise negligent behavior, you may have grounds to file a personal injury or wrongful death claim.
Is texting while driving legal in Boca Raton?
Florida state law bans texting behind the wheel, but the law is a secondary enforcement law. This means that a driver cannot be pulled over and ticketed merely for texting, but only when the police officer observed a primary enforcement infraction. Consequently, many drivers take the risk of texting and driving and get away with it. If, however, the driver who caused your crash was texting at the time, this may be used as evidence of negligence in pursuing your personal injury claim.
How do you prove that the driver was texting?
When a driver causes an accident while texting or talking on a cell phone, it is typical for him or her to deny the fact. It may be possible, however, to confirm the suspicion that the driver was using a phone at the time of the accident by subpoenaing the driver's cell phone records, which would show whether there was activity immediately before the accident.
What is personal injury protection?
Florida is one of several states in the nation where drivers are required to purchase personal injury protection (PIP) insurance. This type of coverage is also frequently referred to as "no-fault" insurance, for the simple reason that it pays regardless of who is to blame for an accident. Whereas you can only file a claim against a liability insurance policy if the policy holder is at fault for causing your accident, you can file a claim against your own PIP policy whether you are responsible or the other driver is to blame.
The major downside to PIP coverage, however, is the fact that it is typically quite limited: Many drivers have only the minimum required amount of $10,000 for bodily injury. In other words, PIP coverage can make a large difference, but it usually will not be enough to fully satisfy the value of a personal injury claim.
To learn more about personal injury protection insurance, contact our firm today.
What can I do if I was hit by an uninsured motorist?
A recent study published by the Insurance Research Council found that Florida has one of the highest rates of uninsured drivers in the nation. According to the report, nearly one out of every four drivers statewide does not have insurance. Fortunately, even if your accident was caused by an uninsured driver, you should have a way to recover compensation by filing a claim against your uninsured motorist coverage.
Can I file a personal injury claim after a hit-and-run accident?
If the driver who caused your crash fled the scene of the accident, you can still file a claim against your own personal injury protection policy. Hopefully, the police or highway patrol will be able to track down the driver based on witness accounts, surveillance camera footage and other means. If this is achieved, the fact that the driver broke the law by fleeing the scene may be used as evidence to establish his or her negligence and disregard for human life.
What is uninsured motorist coverage?
Under the terms of Florida Statutes §627.727 (2011), all drivers are required by law to be offered uninsured motorist coverage at the time of purchase of a liability insurance policy. Unless you expressly turned down such coverage, you should have uninsured motorist coverage. The purpose of this coverage is to step in and pay for your lost income and medical expenses when you have been injured or lost a loved one in an accident caused by an uninsured motorist.
What if the other driver's insurance doesn't cover my costs?
In the event that your own PIP policy, the other driver's liability insurance policy and your own uninsured/underinsured policy do not provide sufficient compensation to satisfy your claim, it may still be possible to recover the amount you are due. By winning a judgment against the other driver in court, you may be able to secure a wage garnishment or property lien to supply you with the payment that you need and deserve.
How much is my car accident claim worth?
The goal of your car accident claim is to recover fair compensation for all of the losses you have suffered. This includes payment for your present and future medical expenses and replacement for your lost wages. You can additionally claim compensation for the pain, suffering and emotional distress you have been forced to experience.
To discuss your case and learn how much your claim may be worth, contact Willis Law, P.A. now for a freer consultation.
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