When you hop into your car, the expectation is that you’ll get to your destination safely. No one starts the day thinking they’re going to get into an accident. While many of us do our part to be safe drivers, we cannot control what other people do or the choices they make behind the wheel.
At Baker Legal Team, our Pompano Beach car accident attorneys are proud to offer the highest quality representation to help our clients tackle their accident-related losses and hold negligent drivers accountable for their actions. Dealing with the aftermath of an accident is incredibly difficult. Fortunately, you don’t need to tackle your car accident claim alone. Contact Baker Legal Team today.
3 Steps to Obtaining Compensation After a Pompano Beach Car Accident
After a car accident, it can be challenging to obtain the compensation needed to cover medical costs or vehicle repairs, especially in Florida, which follows a no-fault insurance system. Most drivers think the process after a car accident is to contact the other driver’s insurance company, but that’s not how it goes under a no-fault insurance system. To obtain compensation after a car accident, drivers must complete the following steps.
1. Contact Their Own Insurance Company First
Under a no-fault insurance system, a driver must first file an insurance claim with their own insurance company. One of the benefits of this system is that insurance for medical injuries can be authorized immediately regardless of who’s at fault.
However, all drivers must be aware of how much insurance coverage they carry. Drivers carrying the state’s minimum coverage can maximize their coverage quickly based on the cost of medical care. Filing a claim against a negligent driver is much more difficult until their personal insurance coverage is exhausted, including pain and suffering damages.
2. Hire a Car Accident Lawyer
The no-fault system can easily put drivers in an adversarial position against their own insurance company, which doesn’t bode well for drivers. This is why it’s always vital to have an experienced accident attorney representing your claim.
It’s not advisable to handle a car accident claim on your own, as insurance companies have their own best interest to protect, regardless of how you’ve been impacted by the car accident. An experienced car accident lawyer in Pompano Beach, FL has the knowledge, resources, and skills necessary to protect your right to fair and just compensation.
3. File a Personal Injury Lawsuit
Insurance companies that regularly attempt to deny or lessen the value of a car accident claim are typically prepared to take a claim to court if it will be the most cost-effective path for them. Hiring a lawyer means you have someone on your side who evens the playing field. Regardless of the impact the car accident has had on you, insurance adjusters are primarily focused on the company’s profit margin. A dedicated and trusted car accident attorney in Pompano Beach will be ready to take your case to court in pursuit of a favorable outcome for your claim.
Florida Car Accident Laws to Know When Filing a Claim
When seeking compensation after a car accident, important legal details may impact the amount of compensation you’ll receive or the likelihood of receiving compensation at all. Below are some Florida laws that may impact your claim.
Florida’s Insurance PIP and PDL laws
In Florida, every driver is legally required to maintain a certain level of car insurance coverage, including a minimum of $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL). PIP coverage covers the policyholder's medical expenses and lost wages. To recover this compensation, they must seek medical treatment for their injuries within 14 days of the accident.
PDL insurance covers damage to another person’s property for which the policyholder is liable. For insurance, if they cause an accident that damages the other driver’s vehicle, PDL insurance covers the cost of their repairs. However, it’s important to note that PDL does not cover damage done to the policyholder’s vehicle.
Negligence in personal injury law refers to the act of failing in one’s duty to maintain a reasonable level of safety or care. In Florida, to seek compensation outside of the no-fault insurance system, you will need to prove the other driver was negligent and that their negligence caused your injuries and other losses.
However, Florida operates under a comparative negligence system, which bears in mind that sometimes an accident is caused by both drivers. When both drivers contributed to the accident, the rules of comparative negligence determine who is entitled to compensation and what proportion of the losses the compensation should cover.
Under this rule, the court will calculate the driver’s damages and the percentage of fault that falls onto the driver. The person filing the claim will have their damages reduced by the percentage of blame assigned to them by the court.
Florida’s Car Accident Statute of Limitations
After a car accident, people who need to file a car accident claim have a limited window of time to pursue compensation. The statute of limitations determines the allotted time someone has to pursue legal action. In Florida, people injured in a car accident have four years from the date of the accident to file a claim.
While four years sound like plenty of time to file a claim, the truth is the sooner you file a claim, the better. Much of the evidence used in car accident claims relies on memory and the account of the accident, but with time, memory fades. Furthermore, missing the four-year deadline means forfeiting your right to compensation. The best way to protect your right to compensation is to file your claim and contact an attorney as soon as possible.
Contact a Pompano Beach Car Accident Attorney Today
Baker Legal Team is a board-certified personal injury firm dedicated to helping the residents of Pompano Beach pursue the compensation they deserve. Our Pompano Beach personal injury lawyers have helped numerous car accident victims fight for fair compensation. We are ready to go to court if it means our clients get the outcome they deserve.
Our experienced legal team can help you build a strong claim that insurance companies cannot deny or try to lowball you. We have the trial experience necessary to argue for you in court and get the best possible outcome for our clients. Contact us today to schedule a consultation by filling out our contact form or calling (561) 320-0000.