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South Florida Auto Accident AttorneyThe serious injury law firm of South Florida auto accident lawyer David I. Fuchs represents clients throughout the entire State of Florida who have sustained personal injuries and/or property damage due to automobile, motorcycle or truck accidents including, but not limited to:
Injuries suffered as a result of these types of accidents can be severe and life altering, and can include:
South Florida auto accident Attorney David I. Fuchs understands that the priorities following a traumatic vehicle accident is to get your medical bills paid and covered, make sure you do not suffer any lost wages, and make sure all future treatments relating to your injury are covered by the applicable insurance company. South Florida auto accident lawyer David I. Fuchs will discuss your personal injury claim with you and go over your available litigation options, as well as work with insurance companies and other parties involved in your case to make sure all of your personal and legal needs are met quickly and with precision. In order to obtain compensation for vehicle accident damages, victims of car accidents, motorcycle accidents, trucking accidents, etc., need to make sure they gather the appropriate evidence and document all injuries sustained as a result of another driver’s negligence or wrongdoing. The following information provides general instructions that are recommended by Florida personal injury Attorney David I. Fuchs in the event you are involved in a vehicle accident. However, these guidelines are used for informational purposes only and do not negate or substitute for professional legal counsel. If you or someone you know has been involved in a vehicle accident and would like to discuss the specifics of your personal injury claim, please contact South Florida auto accident attorney David I. Fuchs, today, for a free consultation. What to Do In Case Of an Automobile Accident 1. STOP Florida law requires the driver of any vehicle involved in an accident to immediately stop at the scene. You should make sure you do not block traffic any more than necessary. If the accident involved an unattended vehicle or other property, you should attempt to locate the owner. If you cannot find the owner, then you are required to leave a conspicuous note, giving your name, address and vehicle registration number. You must immediately notify police of the accident. If the accident involved an attended vehicle or property, both drivers must stop at or close to the scene, without obstructing traffic any more than is absolutely necessary. 2. ASSIST THE INJURED Your first responsibility in the event of an accident with an occupied car or property is to find out if anyone is hurt. If someone is seriously injured, get an ambulance, rescue squad, or doctor immediately. You are required to provide the injured person all reasonable assistance, including attempting to obtain treatment for the injured or transportation to a doctor or hospital. However, you should not attempt to provide treatment for injuries yourself unless you are trained in first aid. Even with good intentions you may make the injury worse if you do not know what you are doing. 3. PROTECT THE SCENE The cars should be left where they came to rest unless they are blocking traffic. While it is important to protect the accident scene, obstructing traffic can delay the arrival of police or emergency vehicles or even cause another accident. For this reason, it is essential that you carefully note the positions of any vehicles involved in the accident that are obstructing traffic and then move them. The use of flares, flashlights, or your car's four-way flashers can help provide warning to other drivers of the accident scene. 4. NOTIFY AUTHORITIES All accidents do not require police notification. Only accidents involving injury to or death of any person or damage in excess of $500.00 requires police notification. All other accidents (minor in nature as defined by the Statute) do not have to be reported to the police as long as the drivers exchange information or notice is given to an unattended vehicle or property of the cause of the damage. Written reports of accidents have to be made to the Division of Highway Safety and Motor Vehicles within ten (10) days after an accident which results in bodily injury to or death of any person or damage to any vehicle or other property of an apparent amount of at least $500.00 unless an investigating police officer has made a written report having been notified of such accident. 5. PROVIDE REQUIRED INFORMATION You are required by law to provide the other driver in an accident with your name, address, and vehicle registration number, and to let the driver see your license. You are entitled to the same. Always ask to see a driver's license, and copy down the number as well as his name and address. You are also required to provide the investigating officer with whatever information is needed to determine the cause of the accident. The statements you make to the officer alone to assist the investigation are privileged. If you are charged or sued, they cannot be used against you in court. 6. DO NOT COMMENT With the exception of your exchange of required information, you should not comment on the accident. Keep your notes and opinions to yourself. Do not admit you were wrong or careless. Such admissions, made in the tension and excitement of the moment, may be accurate, but they could turn out to be costly. There is time to admit responsibility after the facts are all in if they clearly show you were wrong. If the accident was a serious one, you should consult a lawyer as soon as possible before arriving at any agreements with anyone, and before making any admissions. A plea of guilty to a traffic charge may sometimes be used against you in a lawsuit to establish your civil liability for damages. 7. OBTAIN WITNESSES Get the names and addresses of all the witnesses you can. Attempt to have them write down or at least state to you what they know, at the scene. Keep a pencil and pad in your car so you will be able to make necessary notes. 8. TAKE NOTES Sketch a diagram of the scene, pace off distances, and note skid marks, broken glass, positions of the cars, and locations of damage. If you have a camera with you, take photos of the scene. Try to clarify what happened in your own mind while events are still fresh. Write down all you have noted as you will forget a great many details in a short period of time. 9. WHEN TO LEAVE After you have assisted the injured, obtained identification from the other driver, provided your own name, address and identification, gotten the names of witnesses, studied the scene so that you know what happened to cause the accident, and assisted the investigating officer, you are free to go. You should ask for the officer's permission to leave prior to doing so. 10. SEE A DOCTOR Serious injuries do not always show immediate symptoms. It would be wise to have your doctor examine you as soon as possible even if you are uncertain if you sustained an injury. 11. BILL OF RIGHTS Florida has personal injury protection insurance which is known as "no-fault insurance," which all vehicle owners are required by law to carry. This insurance will potentially reimburse expenses up to $10,000. Your insurance company will pay 80 percent to all reasonable expenses for necessary medical care and treatment. Such benefits may also include remedial treatment and services recognized and permitted under the laws of the state for an injured person who relies upon spiritual means through prayer alone for healing in accordance with his or her religious beliefs. Your insurance company will also pay 60 percent of any loss of gross income or loss of earning capacity. They will also pay 60 percent of all expenses reasonably occurred in obtaining from other ordinary and necessary services in lieu of those that, but for the injury, the injured person would have performed for the benefit of the household. Please note that just because you or your doctor feel expenses are related to the accident that does not guarantee payment. Your insurance contract may also have medical payments coverage. Your insurance company must apportion claims between the PIP and medical payments coverage to maximize your benefits and you should request that it do so. Check your coverage carefully and review your policy with legal counsel. When an injury claim is filed under a no-fault insurance policy, the company must send you a "bill of rights", a state approved form explaining precisely what benefits you are entitled to and how quickly the company must pay them. The law provides interest on covered PIP benefits not timely paid. It also provides for fines to be assessed against PIP insurers by the Department of Insurance for failure to pay benefits within the prescribed time. For more information, contact South Florida auto accident Attorney David I. Fuchs. 12. COMPLY WITH INSURANCE LAWS Everyone who lives in Florida or who operates a motor vehicle here for over 90 days a year must have personal injury protection (PIP) insurance. If you are also entitled to receive similar benefits from a major medical or disability insurance policy, Medicare, military pension benefits, or other sources, you should ask your auto insurance company about a policy which will provide a deduction to allow for such other payments. The rates on such a policy may be significantly cheaper than standard policy rates. Since most other insurance policies protect the company against double payments for the same expenses, you may not lose any benefits with the larger deductible. 13. OPTIONAL COVERAGE You may also purchase insurance to cover damage to your auto, auto liability insurance, medical payments coverage and uninsured motorist coverage. Auto liability insurance may be very important to you. It protects those who are insured from legal liability for bodily injury or property damage to others, caused by auto accidents. Further, the insurer agrees to defend insured against all liability claims for which coverage is afforded. Please note if you do not purchase enough coverage you may be personally held responsible for damages over your policy limit. Auto liability is the most common way of complying with the Florida Financial Responsibility Law. Uninsured Motorist Protection should seriously be considered and may be one of the best bargains in auto insurance. In effect, you are establishing insurance coverage for those situations in which the other at fault driver is uninsured or insufficiently insured. If you or someone else under your policy was seriously injured, a claim could be made against your own carrier for all damages recognized by the laws of Florida. 14. MAKE NO PAYMENTS The driver of the other car cannot force you to pay anything without legal proceedings. You, or the other driver's, insurance company typically pays for damages. Accordingly, you should carefully consider the circumstances before your insurance company begins to make payments to the other driver for damage to car or property. 15. DISPUTES REGARDING PIP BENEFITS In the event you are having a dispute with the insurer for PIP benefits, you may demand mediation of the claim before resorting to the courts by filing a request with the Department of Insurance on a form provided by the department. For a small fee, mediation is an informal process whereby a neutral mediator selected by the Department of Insurance will work together with you and the insurer to resolve the dispute. You may reach the department at a local service office or call 1-800-342-2762. It is best to consult with South Florida auto accident attorney David I. Fuchs prior to such proceedings in order to ensure your rights are fully protected. 16. SELECT YOUR OWN LAWYER Do not allow anyone to rush you into a settlement. You may be entitled to significantly more, or, conversely, you may not be obligated to pay as much. By consulting a lawyer you will safeguard your own rights. For more information about automobile accidents, or to discuss your specific vehicle accident claim, please contact South Florida personal injury Attorney David I. Fuchs, today, for a free consultation. |