FAQ
1. An adjuster from an insurance company wants to resolve the case and says I don't need a lawyer. What should I do?
Adjusters who work for insurance companies have only one goal in mind … to resolve the case with the least amount of money possible. Insurance Companies are happy to take your premium payment but when it comes time to pay a claim they will fight you to the end for every penny. Studies have shown accident victims recover more money through the use of a lawyer even after taking into account the attorney's fees. Always consult with a lawyer before accepting any offer made to you by an adjuster.
2. What is Personal Injury Protection (PIP)?
Personal Injury Protection (PIP) is "no-fault" insurance. PIP insurance covers you and relatives residing in your household for injuries sustained in an automobile accident regardless of who is at fault. This coverage pays 80% of reasonable and necessary medical bills, 60% of lost wages, and 100% of household services, up to a limit of $10,000 unless you have purchased a higher limit of coverage. Florida law requires every owner of a motor vehicle required to be registered in Florida carry PIP to protect themselves in the event of injuries sustained in an automobile accident. For injuries sustained in an automobile accident, PIP coverage is primary over any health insurance. Always use you PIP insurance for an auto accident because unlike health insurance you don’t have to pay back any money received from PIP when you settle your case.
3. What is the value of my case?
The value of your case is based on many factors, which include, among other things, the following:
- How the accident happened
- The extent of damage to the vehicles involved
- The type and extent of your injuries and medical treatment
- Whether you sustained permanent injuries or significant scarring
- The amount of your past medical bills
- The expected amount of your future medical bills
- The lost wages you have incurred
- The future loss of earning capacity
- How much pain and suffering have you endured
4. How much is my car worth after the accident?
Insurers keep proprietary databases on car prices, similar to the Blue Book or the National Auto Dealers Association (NADA) Official Used Car Guide. The insurer's valuation of your car is mostly based on its age. If your automobile is “totaled”, that means that it would cost more to fix your car then the car is worth. Most auto insurance contracts contain a provision that states if your car is damaged in an accident, your insurer does not have to pay you more than your vehicle is worth. So if your car is “totaled out” by your insurance company, what you will receive is a check for the value of the car. Unfortunately, this is usually not enough to replace your car or to fix the damage to your car. Additionally, if you get back your car and use the money to fix it, insurers may refuse to provide more than basic liability coverage on your vehicle since it has been deemed a total loss. If your car is totaled by your insurance company, it will usually be taken to a salvage yard, auctioned off and disassembled for parts.
5. What if the insurance under values my car?
Valuation problems arise in two ways. The most common problem is that the insurer's valuation isn't anywhere near enough to purchase an equivalent car in the marketplace. If you don't agree with an insurer's estimate of your car's cash value, your best bet is to pay an independent appraiser to provide an estimate. You may need to bring in more than one, so the car will have to be fairly valuable to make this process worthwhile. If an independent appraiser does not help you and your insurance company reach an agreement regarding valuation, you may try to resolve the matter either through litigation. If you choose litigation, be aware that going to court is rarely a cost-effective option. Unless the car was extremely valuable, and the insurance company's offer is a tiny fraction of what you believe the vehicle was worth, you may spend more in attorney fees and costs than the amount you might recover. Speak to a Florida Accident Attorney to discuss your legal rights and options in pursuing litigation.
6. Will my personal injury case go to court?
In many Florida Accident cases, we are able to settle without the need for courtroom litigation. However, if the settlement offers from the insurance company are unacceptable, we are prepared to take your case to court and reach a jury decision if necessary.
7. How much of my time will my personal injury claim take?
Depending on the complexity of your case, and the willingness of the insurance company to compromise, your claim could take anywhere from a few months to a few years. Cases that end up in a courtroom will typically require more time than those that settle.