What Every Crash Victim Needs To Know About Compensation
Being involved in a car accident can be a financially overwhelming experience. Bills and repairs can add up quickly, leaving victims struggling to recover. You need to fully comprehend your rights and options following a collision in order to secure the financial relief you deserve.
As soon as you connect with a Miami personal injury lawyer, they can walk you through how Personal Injury Protection (PIP) insurance could play a significant role in covering crash-related expenses. Legal experts are also a resource for other avenues for recovery.
Overcoming Insurance Company Pushback
Florida follows a no-fault insurance system, meaning that drivers must first turn to their own insurance for medical expenses and lost wages, regardless of who caused the accident. Under state law, all drivers are required to carry a minimum of $10,000 in PIP coverage, which covers 80% of medical expenses related to the accident and 60% of lost wages if injuries prevent the victim from working.
While PIP coverage provides a financial lifeline for many, it does have its limitations. For instance, it does not cover pain and suffering, and the $10,000 minimum coverage often falls short when injuries are serious or a treatment plan comes with a long timeline. Additionally, recent legislative changes in Florida have placed stricter requirements on PIP claims, including shorter deadlines for seeking medical treatment and increased scrutiny from insurers.
Beyond PIP insurance, crash victims may have other legal options.
- Filing a claim against the at-fault driver. If injury costs exceed PIP coverage limits, victims may pursue a personal injury lawsuit to recover damages such as pain and suffering.
- Uninsured/underinsured motorist coverage (UM/UIM). Should the at-fault driver lack sufficient insurance, UM/UIM coverage can provide additional compensation.
- Product liability claims. When a defective vehicle part contributed to an accident, victims may seek compensation from the manufacturer.
- Third-party liability. Employers, rideshare companies, or government agencies responsible for road maintenance could be held liable in some cases.
If you are moving forward with claims, recognize that some insurance companies attempt to minimize payouts or deny claims altogether. Common tactics include arguing that the injuries are not serious enough to exceed the PIP threshold or delaying claim processing to pressure victims into accepting low settlements.
Despite these challenges, many crash victims have successfully secured compensation through legal action. For example, in a recent Florida case, a driver who suffered a spinal injury was initially offered a low settlement by their insurer. With assistance from a Miami personal injury lawyer, the victim demonstrated the long-term impact of their injuries and successfully secured a settlement that covered full medical treatment and lost income.
Share the Details of Your Situation
Has researching recovery options led to confusion in your life? Navigating the complexities of accident compensation can be challenging, especially when dealing with aggressive insurance companies. The seasoned attorneys at Spencer Morgan Law have helped many crash victims gather evidence, negotiate settlements, and take action to secure fair compensation. Let them help you. Call 305-423-3800 to book a confidential consultation.