Complete Guide on Auto Accidents in Florida

Understanding the Legal

Process After an Accident

What Are the Steps in a Typical Car Accident Case?

If you’ve never filed a case before, it’s important to understand that the process involves several stages. Below are the typical steps in a car accident case:

1. Treatment: The first step is receiving medical treatment and therapy for your injuries. This phase usually lasts between one and three months but can be shorter or longer depending on the severity of your injuries and the treatments prescribed by your doctor.
2. Investigation: While you’re undergoing treatment, your lawyer will collect all the necessary information about the insurance policies involved and verify there is enough coverage to proceed with the case. They will also gather critical evidence such as photos, videos, the police report, and witness statements. During this period, your lawyer can also assist with repairing your vehicle or securing payment if it is declared a total loss.
3. Demand Letter: Once your medical treatments are complete, your lawyer will gather all your medical records and bills from the doctors. Using these documents, they will prepare a demand letter and send it to the responsible insurance company.
4. Negotiations: The insurance company will respond to the demand letter by either paying the full amount or making an offer below the demanded amount. If the insurance company doesn’t agree to pay the full amount, your lawyer will negotiate with them to reach a settlement. It’s important to note that during this process, you will be kept informed of the negotiations and must approve any settlement. Most importantly, your lawyer cannot finalize an agreement without your authorization. If negotiations fail, the case may proceed to litigation.
5. Litigation, If Necessary: Although most cases are resolved without going to court, some may end up in litigation if negotiations break down. Litigation can be expensive and time-consuming, sometimes taking years, with no guaranteed favorable outcome. This is why most cases settle before reaching this stage.
6. Settlement: If negotiations are successful, the insurance company will send a check for the agreed amount to your lawyer, who will deposit it into a trust account.
7. Doctor Negotiations: If there are outstanding medical bills, your lawyer will typically negotiate with the doctors to reduce the balances. The goal is for you to owe nothing to anyone and receive the largest possible payout.
8. Closing: Once all agreements are finalized, your lawyer will ask you to review and sign a document that explains, line by line, how the money will be distributed. After you sign, you will receive your portion of the settlement either immediately or within a few days.

Key Points:

• The legal process involves multiple steps, from medical treatment to settlement.
• Your lawyer will guide you through each step, ensuring you’re informed and involved in all decisions.
• Most cases are resolved without going to court, but litigation can occur if negotiations fail.

How Long Should 

 Accident Case Take?

Most auto accident cases are resolved within three to six months. However, some cases can take longer, especially if they go to litigation.

Key Points:

• The timeline for your case depends on its complexity.
• Your lawyer can give you a better estimate based on your circumstances.

Fleeing the Scene

Questions After an Accident

I’ve Been in a Car Accident and the Other Driver Fled the Scene. What Should I Do?

Call the police immediately and file a report. Do not leave the scene. The police may be able to locate the other driver or vehicle. If you're injured, paramedics can provide necessary medical attention.

Key Points:

• Always report a hit-and-run to the police.
• Stay at the scene and get medical help if needed.

I’ve Been in a Car Accident and the Other Driver Fled the Scene. Should I Call a Lawyer?

Yes, you should call the police immediately to report the hit-and-run accident, and after that, contact a lawyer who specializes in car accidents. A lawyer can assist you in multiple ways, including helping to track down the other driver and obtaining their insurance information. They will guide you through the legal process, ensuring you receive compensation for your injuries and vehicle damage, even if the other driver is not immediately identified.

A hit-and-run case can be more complicated than a typical accident case, but an experienced lawyer can explore various options, including using your own insurance policy if the other driver cannot be found. Your attorney can also advise you on the next steps, such as how to handle medical bills and car repairs while the investigation is ongoing.

Key Points:

• Report the accident to the police immediately after a hit-and-run.
• Contacting a lawyer is essential to help you locate the other driver and navigate your legal options.
• A lawyer can also help you recover compensation from your own insurance if the other driver cannot be found.

Is Leaving the Scene of an

Accident a Crime in Florida?

Yes, leaving the scene of an accident is a crime in Florida, and the penalties vary depending on the severity of the accident. If the accident results in only property damage, leaving the scene is considered a second-degree misdemeanor, which can result in up to 60 days in jail and a fine of up to $500.

If the accident causes injuries, fleeing is classified as a third-degree felony, punishable by up to 5 years in prison and a fine of up to $5,000. In cases where the accident results in a fatality, leaving the scene becomes a first-degree felony, carrying a penalty of up to 30 years in prison and a fine of up to $10,000.

Florida law takes leaving the scene of an accident very seriously, and the penalties reflect the gravity of the situation. Remaining at the scene, regardless of the severity, is crucial to ensure that the proper authorities can assess the accident and provide necessary medical assistance to those involved.

Key Points:

• Property damage only: Leaving the scene is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine.
• Accidents involving injuries: Fleeing is a third-degree felony, with penalties of up to 5 years in prison and a $5,000 fine.
• Accidents involving death: Leaving the scene is a first-degree felony, carrying up to 30 years in prison and a $10,000 fine.

How Can I Repair My Vehicle After an Accident?

After a car accident, you have two main options to repair your vehicle or get compensated if it’s declared a total loss:

1. Through the Other Driver’s Insurance: If the other driver is at fault and they have insurance, they are required by law to carry Property Damage Liability (PDL) coverage. In Florida, PDL is a mandatory insurance coverage with a minimum of $10,000. This coverage will pay for the repairs or the value of your car if it’s totaled.
2. Using Your Own Collision Coverage: If you have Collision coverage under your insurance policy, it will cover the cost of repairs or compensate you if your vehicle is declared a total loss. However, Collision coverage typically involves a deductible, which ranges between $250 to $1,000, depending on your specific insurance plan.

In some cases, using your own insurance (Collision coverage) might be faster than waiting for the other driver’s insurance to process your claim. Always consult with a lawyer to determine the best option for getting your vehicle repaired or compensated.

Key Points:

• Property Damage Liability is required in Florida, with a minimum of $10,000 in coverage for vehicle repairs.
• Collision coverage can also cover repairs or total loss compensation but typically involves a deductible of $250 to $1,000.
• Consult a lawyer to help you decide the best approach for getting your vehicle repaired or compensated.

How Can I Get a Rental Car While My Car Is Being Repaired After a Car Accident?

If your only vehicle was damaged in an accident, there are two main ways to obtain a rental car while your car is being repaired:

1. Through the At-Fault Driver’s Insurance: If the driver who caused the accident has insurance, their policy must include Property Damage Liability (PDL) with at least $10,000 in coverage to pay for the rental vehicle. This is mandatory in Florida. The PDL coverage will typically pay for your rental car while your vehicle is being repaired or replaced.
2. Using Your Own Insurance’s Collision Coverage: If the at-fault driver either lacks sufficient coverage or their insurance is slow to respond, you can use your own Collision coverage to pay for a rental car. This option is often faster. However, keep in mind that your insurance company may have a deductible to cover before it pays for the rental.

In either case, consulting with a lawyer can help you determine the most efficient route. A lawyer can assist in reviewing insurance policies to ensure you’re utilizing the best coverage option for getting a rental car while your vehicle is being repaired.

Key Points:

• You may be able to use either the at-fault driver’s insurance or your own insurance to cover rental costs.
• Property Damage Liability in Florida is required to have at least $10,000 in coverage.
• Collision coverage under your own policy can also cover rental expenses, and in many cases, it may be faster to use your own insurance.
• A lawyer can help you navigate which insurance to use and expedite the process.

What If My Car Is Declared a Total Loss After an Accident, But I Want to Keep It?

If your car’s repair costs exceed 80% of its market value, insurance companies in Florida often declare it a total loss. In this case, the insurance company will usually take ownership of the vehicle and compensate you for its current market value. They typically won’t let you keep the car while receiving a full payout for its value.

However, if you disagree with the insurance company’s valuation or the decision to declare your car a total loss, you have options. First, consult with a lawyer to dispute the insurance company’s decision. A lawyer can help you challenge their assessment and guide you through the process. Additionally, you should get an independent estimate from a trusted repair shop to determine whether the repair costs are indeed as high as the insurance company claims. Presenting this independent estimate can sometimes support your case and lead to a different resolution.

Key Points:

• In Florida, a car is usually declared a total loss if the repair costs exceed 80% of its market value.
• Dispute the insurance company’s decision with the help of a lawyer if you disagree.
• Obtain an independent repair estimate to challenge the insurance company’s valuation.

Can I Claim for Diminished Value of My Vehicle After Repairs Due to an Accident?

Yes, you can claim for diminished value of your vehicle after repairs following an accident. Even though your car might be fully repaired, it will likely not retain the same market value as before the accident, and this reduction is referred to as diminished value. You have the right to seek compensation for this loss by filing a claim with the at-fault driver’s insurance company.

However, if you’re using your own Collision coverage to repair your car, this coverage typically does not include compensation for diminished value. Therefore, it’s crucial to pursue a diminished value claim directly against the at-fault driver’s insurance. A lawyer can assist you in navigating the process, ensuring the claim is handled correctly, and helping you maximize your compensation for the diminished value.

Key Points:

• You can pursue a diminished value claim against the at-fault driver’s insurance after your vehicle is repaired.
• Collision coverage under your own insurance typically does not cover diminished value.
• A lawyer can help you with filing and maximizing your diminished value claim.

Will My Insurance Rates Go Up If I File a Claim after a car accident?

Generally, no. If you're not at fault, your insurance rates shouldn't increase. However, consult with your lawyer to understand your specific situation.

Key Points:

• Filing a claim doesn't automatically raise your insurance rates.
• Speak with your lawyer about your concerns.

Can I Be Deported If I File a Claim for My Injuries After an Accident If I’m Undocumented or Without Legal Status?

No, if you are undocumented or without legal status, filing a claim for injuries after an accident will not result in deportation or affect your immigration status. U.S. laws protect individuals, regardless of their immigration status, from being penalized for seeking compensation for injuries caused by another party’s negligence. Filing a claim is your right, and it is crucial to consult with an attorney experienced in handling cases for undocumented individuals to ensure that your rights are protected.

Key Points:

• Filing a claim for injuries will not impact your immigration status, even if you are undocumented or without legal status.
• U.S. laws protect all individuals, including undocumented immigrants, from deportation for pursuing a personal injury claim.
• Consulting a lawyer familiar with both immigration and accident law is essential to safeguarding your rights.​

Will Filing a Claim for My Injuries and Damage to My Car After an Accident Affect My Asylum Petition or Immigration Status?

No, filing a claim for injuries and damage to your car after an accident will not impact your asylum petition or immigration status. U.S. laws protect all immigrants, regardless of their immigration status, including those in the process of seeking asylum, from facing any negative consequences for pursuing compensation for injuries or damages caused by an accident. Presenting a claim does not interfere with your legal status or asylum process.

Key Points:

• Filing a claim for injuries or damage to your car does not affect your asylum case or immigration status.
• U.S. laws protect individuals seeking asylum from any legal repercussions related to filing injury or damage claims.
• It’s advisable to consult with an attorney who understands both asylum and personal injury law to ensure your rights are fully protected.

What Is PIP and How Does It Work? Am I Entitled to $10,000 in Benefits After a Car Accident?

Personal Injury Protection (PIP) is a mandatory insurance coverage in Florida that provides compensation for medical expenses and lost wages in the event of a car accident, regardless of who is at fault. PIP covers 80% of your medical expenses and 60% of lost wages resulting from an accident, up to $10,000. This coverage is essential in providing immediate financial support after an accident, ensuring you can receive treatment and recover without worrying about upfront costs.

PIP may include a deductible ranging from $250 to $1,000. Additionally, in the unfortunate event of a fatal accident, PIP provides up to $5,000 for funeral and burial expenses.

It’s important to note that in order to retain your PIP benefits, you must seek medical attention within 14 days of the accident. If you delay seeking treatment, you risk losing access to these essential benefits.

PIP coverage is paid by your own insurance company, even if you didn’t cause the accident. It doesn’t rely on the other driver’s insurance, which makes it a reliable source of compensation right after the incident.

Key Points:

• PIP covers 80% of medical costs and 60% of lost wages up to $10,000.
• It includes a deductible, typically ranging from $250 to $1,000.
• PIP provides up to $5,000 for funeral expenses in the event of a fatal accident.
• Seek medical attention within 14 days to preserve your PIP benefits.
• PIP is paid by your own insurance, even if you’re not at fault for the accident.

Who Will Pay for My Medical Treatment After a Car Accident if I Have No Health Insurance?

If you’ve been injured in a car accident and don’t have health insurance, you still have options for getting medical treatment. Florida law requires Personal Injury Protection (PIP) coverage, which pays for 80% of your medical expenses and 60% of lost wages resulting from an auto accident, up to $10,000. PIP covers these costs regardless of who is at fault. Even if you don’t own a vehicle or have auto insurance, you may still qualify for PIP benefits.

However, not all medical providers accept PIP, and if you have medical bills that exceed your PIP coverage, you may need further assistance. A Letter of Protection (LOP) can be arranged by your lawyer with medical providers, allowing you to receive treatment without upfront costs. The LOP ensures that medical bills will be paid from the settlement you receive at the conclusion of your case.

Key Points:

• PIP coverage: In Florida, PIP covers 80% of medical expenses up to $10,000, even if you don’t own a vehicle or have auto insurance.
• Letter of Protection: A lawyer can help arrange a Letter of Protection with medical providers, so you can receive treatment without paying upfront.
• Consult a lawyer: It’s essential to consult a personal injury lawyer to guide you through accessing PIP benefits and medical care.

Can I Still Have a Case If I Don't

Want to Receive Medical Treatment?

Generally, no. Receiving medical treatment is crucial to substantiate your injury claims. However, in rare cases, you may receive some compensation without treatment, but the amount will likely be much lower.

Key Points:

• Medical treatment is essential for a strong case.
• Consult your lawyer for the best course of action.

What Should I Do If I Don't Feel Injured but Want My Car Fixed?

Consult with a lawyer before contacting any insurance company. Sometimes, injuries don't manifest until days or weeks after an accident. If you're sure you're not injured, your lawyer can guide you on how to proceed with repairing your vehicle.

Key Points:

• Always consult a lawyer first, even if you don't feel injured.
• A lawyer can help ensure you receive the appropriate compensation for vehicle repairs.

I Was in a Car Accident, but I Don’t Have Auto Insurance.

Can I Still Have a Case?

Yes, if you were in an accident caused by someone else’s negligence, you can still have a case even if you do not have your own auto insurance. You can file a claim against the at-fault driver’s insurance to seek compensation for your injuries and damages.

Key Points:

• You can still have a case even without your own auto insurance if the accident was someone else’s fault.
• File a claim against the other driver’s insurance to seek compensation.

I Was in a Car Accident, and I’m Injured, But I Don’t Have Auto Insurance or Health Insurance. Can I Still Have a Case and Who Will Pay for My Medical Treatment?

Yes, even without auto or health insurance, you can still have a case if the accident was caused by someone else’s negligence. Your lawyer can arrange what is known as a Letter of Protection (LOP) with your medical providers. This agreement allows you to receive treatment without paying upfront. The doctor agrees to wait for payment until you receive compensation from the at-fault driver’s insurance. Once the settlement is made, your lawyer will negotiate with the doctor to pay off your medical bills, aiming for two goals: 1) ensuring you have no outstanding medical debt, and 2) securing a portion of the settlement for you. Keep in mind, however, that in these situations, the amount of money you receive after the medical bills may be lower compared to cases where you have insurance coverage.

Key Points:

• You can still have a case even if you don’t have insurance.
• Your lawyer can arrange a Letter of Protection, allowing you to receive medical treatment without paying upfront.
• The settlement from the other driver’s insurance will cover your medical expenses, and you may still receive compensation.

I Was in a Car Accident, But the Other Driver Doesn’t Have Auto Insurance. Can I Still Have a Case for My Injuries?

Yes, even if the at-fault driver doesn’t have auto insurance, you can still pursue compensation. There are several options and legal paths that your lawyer can explore:

1. Both the driver and the vehicle owner may be responsible for the accident. This means that there could be multiple insurance policies (for the driver and the vehicle) that may cover your injuries.
2. Your own insurance policy may include Uninsured Motorist (UM) coverage, which compensates you in case the other driver doesn’t have insurance.
3. The at-fault driver might have personal financial resources that can be used to compensate you. Your lawyer will investigate the driver’s assets to determine if pursuing a lawsuit is worthwhile.

Key Points:

• Multiple insurance policies (for the driver and the vehicle owner) may provide compensation.
• Your own UM (Uninsured Motorist) coverage may protect you if the other driver is uninsured.
• Your lawyer can investigate whether it’s worth pursuing the at-fault driver’s personal assets.

I’ve Heard That in Accident Cases, Lawyers and Doctors Always Take All the Money. Is This True?

No, this is not true. In the vast majority of cases, your Personal Injury Protection (PIP) insurance will cover 80% of your medical bills, which means that much of your doctor’s bills are already paid by the time you receive a settlement. If there are any outstanding balances, your lawyer can negotiate with the doctors to reduce or eliminate them.

Regarding lawyer fees, the typical attorney’s fee in Florida accident cases is 33.33% of the settlement, as long as the case does not go to court. If the case goes to litigation (court), the fee increases to 40%. A good lawyer will work to ensure you receive the maximum amount of money possible after medical bills and legal fees are paid.

The percentage of money you receive varies from case to case but is typically between 60% and 40%. If you’re unhappy with the amount you receive, talk to your lawyer. In some cases, especially if the lawyer is receiving more than you, they may offer a discount so that you receive at least as much as their legal fees. Although the lawyer is not required to give you a discount, they should make every effort to ensure you’re satisfied with the outcome.

Key Points:

• PIP insurance typically covers 80% of your medical bills.
• Lawyers usually take 33.33% of the settlement in cases that don’t go to court and 40% in cases that do.
• A good lawyer will ensure you receive as much money as possible after legal fees and medical bills are paid.

I Had an Accident and I’m Injured. How Much Could My Case Be Worth? How Much Compensation Can I Get?

This is the million-dollar question, and the answer is more complex than many people expect. Some attorneys may try to provide estimates during the first meeting, but a responsible lawyer understands that numerous factors can impact the value of a case.

Unfortunately, some lawyers may mention large sums without knowing enough about the case simply to secure your business, but the truth is that it’s impossible to accurately estimate a case’s value right after the accident.

Several factors determine how much compensation you can receive, such as:

1. The severity of your injuries.
2. The force of the impact during the crash.
3. The extent of damage to the vehicles involved.
4. The percentage of legal responsibility for each driver involved in the accident.
5. The medical treatments required for your injuries (e.g., therapies, surgeries, injections).
6. Imaging results from MRIs, X-rays, etc.
7. The total medical bills, ambulance fees, hospital costs, and other related expenses.
8. Insurance coverage limits for both vehicles involved in the accident.
9. The financial resources of the at-fault driver or the owner of the vehicle that caused the crash.
10. Many other factors that may be unique to your case.

Never hire a lawyer who promises a specific amount of money during the first meeting. This could be a sign that the lawyer is exaggerating to win your case. Additionally, avoid using online tools that claim to estimate the value of your case with just a few questions—they often fail to account for the complexities of your specific situation.

It’s always best to consult an honest and experienced lawyer who won’t make unrealistic promises about the value of your case. A reliable attorney will gather all necessary information before offering a realistic estimate of what your case may be worth.

Key Points:

• Avoid lawyers who promise a specific amount of compensation during the first consultation.
• Many factors affect the value of a car accident case, and no accurate figure can be determined early in the process.
• Consult a lawyer who takes the time to analyze all aspects of your case before giving an estimate.
  

I See Lawyer Ads That Talk About Cases Settled for Hundreds of Thousands or Even Millions of Dollars. Are These Ads True?

While these ads may be true, they do not represent the typical car accident case in Florida. The vast majority of cases do not settle for hundreds of thousands or millions of dollars. These larger cases represent a small minority, and unfortunately, some lawyers use them as marketing tools to attract clients.

What these ads often fail to mention is that in these larger cases, the injuries tend to be extremely severe. These can include multiple fractures, extended hospital stays, numerous surgeries, brain injuries, amputations, and other life-altering conditions.

Additionally, these ads typically highlight the total settlement amount without clarifying how much the client actually received. A significant portion of the settlement may go toward paying medical bills, hospital fees, and doctor expenses, meaning the amount the client receives in their pocket may be considerably less than what is advertised.

Key Points:

• Ads showcasing high settlement amounts represent a small minority of cases.
• These larger settlements often involve serious injuries such as fractures, surgeries, or brain damage.
• The amount a client receives after medical bills and expenses is often much lower than the total settlement amount.

I Hired a Law Firm After My Accident, but I Am Unhappy with My Lawyer’s Services. Can I Change Lawyers?

Yes, you can change lawyers. You have the right to cancel your contract with your lawyer in writing within the first three days. Even if more than three days have passed, you can still change lawyers. The lawyer you dismiss may place a “lien” on your case for the work they have already done. However, this is generally not a significant issue. Your new lawyer can negotiate the lien with the previous lawyer. Do not stay with a lawyer if you are unhappy with their services.

Key Points:

• You can change lawyers if you’re unhappy with their services.
• Your new lawyer can help resolve any lien or claim from the previous lawyer.

I Had an Accident and I Want Fair Compensation, But I Don’t Want to Go to Court. Do I Need to Go to Court to Get Money for My Case?

Not necessarily. In fact, most car accident cases are resolved without going to court. Settlements are often reached through negotiations between your lawyer and the insurance companies. Court is usually a last resort if both sides cannot agree on a fair settlement.

Key Points:

• Most car accident cases settle out of court.
• Your lawyer will try to negotiate a fair settlement before considering litigation.

I Had an Accident and Am Injured, But the Person Who Hit Me Was Very Polite and I Don’t Want to Cause Them Any Harm. Will Filing a Claim Against Their Insurance Affect Them?

Even if the person who hit you was polite and you don’t want to harm them, their insurance rates will likely increase simply because they caused the accident, whether or not you file a claim. Filing a claim won’t change that fact. It’s important to prioritize your own health and financial recovery. Talk to your lawyer about your concerns and let them know how you would like to handle the situation.

Key Points:



• The responsible driver’s insurance rates will likely increase regardless of whether you file a claim.
• Speak to your lawyer about your concerns and wishes, and they will help you navigate the situation.

Conclusion:

Navigating the aftermath of an auto accident can be complex. Still, with the right information and legal support, you can ensure your rights are protected. Always consult with a knowledgeable lawyer who can guide you through the process and help you secure the compensation you deserve. If you have any concerns or need legal assistance, contact the Law Offices of Ernesto Gonzalez, PA, for a free consultation.

Commitment of the Law Offices of Ernesto Gonzalez, PA

At the Law Offices of Ernesto Gonzalez, PA, all clients have the cell phone number of Attorney Gonzalez, in addition to the office phone, and can call him any time and any day of the week.

If you have had a car accident, call Attorney Gonzalez.

If you have already hired another lawyer but are dissatisfied with the communication or want a second opinion, contact the Law Offices of Ernesto Gonzalez, PA, at 407-305-4577.

Call us today for a free consultation and ensure you are fully protected on the road!