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AUTOMOBILE AND MOTORCYCLE ACCIDENTS
Automobile and Motorcycle accidents are the leading
causes of injury and death in the United States. According to the National Traffic Safety Administration, every 10 seconds
someone in the U.S. is involved in a car accident. In 2000, approximately 6, 279 traffic crashes were reported, over 41000
people were killed, and over 3,000,000 injured. Amazingly, in 1999 alone, 38 percent of traffic fatalities involved alcohol.
It is critical to retain an attorney who understands the arena of laws and medical issues to navigate the presuit and litigation
process. Our attorneys know the court system, the judges, and the claims process.
FOR A FREE CONSULTATION AND CASE EVALUATION, CALL US
TOLL FREE AT 1-877-598-9282, OR CLICK
HERE
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FREQUENTLY ASKED QUESTIONS IN AUTOMOBILE CASES:
I. Property Damage Issues
A. Who Pays For Repairs To Your Vehicle?
• The at fault driver’s insurance should cover the
expenses to repair your vehicle. However, if there is some question of fault, the other driver does not have insurance, or
the other driver’s insurer is simply not getting the job done, you probably have collision insurance which should pay
for the damage, subject to your deductible. Your insurance will then have a right of subrogation to recover the funds from
the at-fault driver for the property damage. Either way, always document the property damage to your vehicle and other involved
vehicles (if available) with photos and written estimates.
B. What Is The Difference Between Repair And Replacement
Value?
• The insurance company paying for the damage will typically determine whether to repair or replace
your vehicle based on cost estimates. If the car is “replaced” you will receive a check for the fair market value,
plus tax and title, based on Kelley Blue Book or NADA guides. If you still owe more than the value of the car, the insurance
company is not required to make up the difference unless you purchased a separate “gap” insurance policy at the
time you purchased the vehicle.
C. Where Will The Repairs To My Vehicle Be Made And What Parts Are Used?
• You can always choose the location and insist on genuine original manufacturer parts. However, because many
insurance companies deal regularly with certain shops, those shops may offer a “satisfaction guarantee” on their
work. You may want to ask for references and get multiple written estimates.
D. Do I Get Depreciation On My
“Repaired” Vehicle?
• Rarely because the insurance company will typically offer to have the
vehicle repaired at a facility which will guarantee the work for as long as you own the vehicle.
E. What About
A Rental Car?
• The insurance company usually pays for a reasonable cost of a substitute vehicle for a
reasonable period of time while repairs are made, and the vehicle is typically one of similar quality.
II. Injury Facts and Questions
A. What Do I Do If I am Hurt in an Accident?
• Call the police (Dial 911) and insist on an accident
report.
• Seek immediate medical attention (tell police you are injured and need medical help).
•
Document the Witnesses and drivers involved (phone numbers, addresses, insurance information).
• Photograph
the scene, the vehicles (if available), and your injuries.
• Call an attorney for a free consultation.
• Notify your insurance company of the accident.
• Take down some notes about what happened and
what was said at the scene.
• Follow up with a medical specialist in accident related injuries, typically
a neurologist, orthopedic surgeon, or chiropractor; you may also require a regiment of physical therapy or pain management
to help you try and recover and manage the pain.
B. Who Will Pay For My Medical Bills?
•
Florida law requires vehicle owners to carry Personal Injury Protection (PIP) insurance of at least $10,000. (Florida
Statute Section 627.736). Subject to deductibles, PIP typically pays 80% of your reasonable expenses for necessary medical
services, and 60% of your lost wages and replacement household services. Mileage to and from your medical visits will typically
not be reimbursed unless the insurance company insists on a compulsory medical examination. PIP will also pay $5,000 in
death benefits. Even if you are riding in someone else’s vehicle at the time of an accident, the PIP insurance coverage
on your own vehicle typically applies.
• You may also have medical payments (“Med Pay”) insurance
coverage which should cover the 20% not covered by PIP up to the Med Pay limits.
C. Can I Recover Mental Pain
And Suffering?
• Under Florida’s No-Fault Insurance System, you must show that you sustained a “permanent
injury,” “significant scarring or disfigurement,” or death, to qualify you or your family for any pain and
suffering or quality of life damages. This is a medical/legal question and your health care provider will typically assign
you a permanency rating under the AMA Guidelines if your injuries qualify.
D. What If The Vehicle That Hit Me
Does Not Have Insurance?
• You may, and should have, selected underinsured/uninsured motorist (“UM”)
coverage. UM coverage is complicated, but typically will help pay your damages in the event the other, at-fault driver does
not have sufficient insurance. You should consult with an attorney on UM issues before resolving any UM claim.
E.
What If The Other Driver’s Insurance Company Keeps Calling Me?
• Tell them that you have an attorney
and give them your attorney’s name and phone number.
• Do not agree to a recorded
statement.
F. What Will It Cost Me To Retain a Personal Injury Attorney?
• Murphy & Anderson offers a free initial consultation for all clients.
• If you decide to
retain Murphy & Anderson, you will not be responsible for any fees unless you recover. Murphy & Anderson charges a
contingency fee percentage of the recovery. Murphy & Anderson will also prepay all costs in the case.
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