FAQs: Personal Injury

Motor Vehicle Accident: What should I do?

1. Never leave the scene of the accident

• Never leave the scene of an accident because this constitutes a serious offense in Florida.

2. Do not move your car

• If there are any disputes over the way the collision occurred, placement of the vehicles will often times assist the police and others in reconstructing the accident to determine exactly what happened. This is very important especially if you believe that you were not at-fault for the accident.
• If you have a camera in your car, take pictures of the damage to the vehicles, and the position of the vehicles.

3. Call emergency response to request police and medical assistance

• Exchange the necessary information with the other driver, (i.e. contact and insurance information). Never allow the other driver to leave the scene without first obtaining their information or their license plate.
• Try to remember the police department that investigates the collision (i.e. City Police, County Sheriff or State Patrol) so that we can contact them to request the police report.
• Provide all information necessary. Be as clear and concise as possible. Provide only the facts as you know them. Resist the urge to apologize for the accident (for example, "I'm so clumsy", or "it probably was my fault.") Any statement you make can be used against you by insurance companies and their attorneys to defeat your claim for compensation. Don't sign any document admitting fault.

4. Get medical attention

• In almost every collision, there has been some trauma caused to your body. If an ambulance is offered, it is always best to go to the emergency room to be examined to ensure there are not any hidden or internal injuries. Many times, adrenaline or shock will cover your symptoms that later appear and injuries can by lessened if they are treated right away.
• The emergency room doctors will also give you advice regarding follow up care.

5. Preserve all evidence

• Make notes of everything said to you and on all details including weather, condition of accident location, etc. As soon as you are able to, write down the details of the accident.
• Take the name, address and telephone number of any potential witness and save this information someplace where it will not be lost. Do not give their names to anyone but the police, your attorney or your insurance company.

6. Do not speak with any insurance company before first calling us

• Speaking to an insurance company before consulting with us can damage your case. You could very well end up saying something that could cause you to lose your rights. Remember that insurance company adjusters are trained in asking questions that may illicit incriminating responses.

I am registering a vehicle for the first time in Florida. Is automobile insurance mandatory?

Yes. If you own a vehicle in Florida with at least four wheels and are registering it, you must have insurance.

What type of insurance is required to purchase and maintain a Florida tag and registration?

You must have Florida coverage of $10,000 personal injury protection (PIP) and $10,000 property damage liability (PDL) as long as you have a valid Florida tag, even if the vehicle is in another state or inoperative. There are no exemptions in the law.

What is "Personal Injury Protection" insurance (PIP)?

PIP is coverage that will compensate a loss due to injury regardless of who is charged with causing the crash. This is why PIP insurance is also known as “no-fault insurance". PIP applies to bodily injury to you, relatives who live in your home and passengers who are not required to have PIP, as well as licensed drivers who drive your vehicle with your permission. PIP insurance also protects you if you are injured as a pedestrian or bicyclist as long as the injury is caused by an accident involving a motor vehicle. Regardless of who was at fault in causing the accident, your medical bills and lost wages must be first submitted to your own insurance company. Under Florida law, PIP insurance must pay 80% of your medical expenses and/or 60% of your lost wages. PIP also covers a percentage of other expenses such as lawn maintenance or housekeeping necessitated by injuries caused in a motor vehicle accident and also reimburses mileage expenses for travel associated with medical care treatment.

What is the Deductible on my PIP?

Since Florida law requires PIP insurance on any operational automobile, sometimes we have to resort to purchasing PIP insurance that contains a deductible. The standard deductible on PIP policies is $1,000.00. What this means is that PIP will activate once the $1,000.00 deductible has been met. Under Florida law, if you elect to purchase a deductible, you are responsible for that deductible amount. As such, if you are injured by the negligence of someone else you will not be entitled to recover the your deductible from the negligent driver.

What is Medical Payments Coverage?

Since PIP only covers 80% of your medical bills, many people elect to purchase additional coverage that supplements PIP insurance and pays the additional 20% of the medical bills not covered under your PIP policy.

Can I Collect Lost Wages if I have Been Injured in an Automobile Accident?

Your PIP coverage will also cover 60% of your lost wages if you are hurt as long as you have proof from your doctor that you are unable to work and you also complete a “Wage & Salary Verification Form” by your employer before your lost wages will be paid. It usually takes thirty (30) days to receive your lost wages once you provide your insurance company with said information. The negligent driver responsible for the accident will also be responsible for the remaining 40% of your lost wages unpaid by PIP once your cases closes.

What is "Bodily Injury Liability" insurance?

Bodily Injury Liability coverage pays for serious and permanent injury or death to others when you cause an accident involving your automobile. Your insurance company will pay for injuries up to the limits of your policy and provide legal representation for you if you get sued. In particular, your company pays for injuries caused by you or members of your family who live with you, even if they were driving someone else's vehicle. It may also cover others who drive your automobile with your permission. This coverage also provides you with legal defense in the event you are sued by the injured party.

What is "Property Damage Liability" insurance?

This coverage pays for damages you or members of your family cause (and are liable for) to other people's property in a crash involving a motor vehicle.

What is Uninsured/Underinsured Motorist Coverage?

Uninsured Motorist coverage protects the policy holder from personal injury damages suffered as a result of the negligence of another motorist that either does not have any bodily injury insurance coverage or has insufficient bodily injury liability coverage to compensate the injured party for their damages. Florida law does not require bodily injury liability protection thereby many drivers operating vehicles in Florida do not have any bodily injury coverage. Therefore, if you do not carry UM coverage and you so happen to be injured in an accident caused by someone that does not carry bodily injury coverage, you will will not be able to recover any damages for your injuries other than medical expenses and lost wages, regardless of how severe your injuries may be. This is the reason why it is very important for you to purchase UM coverage.

Can I maintain my current policy issued in my previous state of residence?

No. The minimum required insurance must be issued through a Florida agent with an insurance company licensed to sell in Florida. Most insurers have Florida agents and are licensed to issue policies in Florida. Just ask your agent to transfer your current insurance to Florida when you register a vehicle in Florida.

What if I fail to keep insurance on my vehicle that I’ve registered in Florida?

The Department of Highway Safety and Motor Vehicles is authorized to suspend your driving privilege, including your vehicle tag and registration, for up to three years or until proof of Florida insurance is provided, whichever is first.

I live outside Florida for six months a year. When not in Florida, my vehicle is in storage and not used. Must I maintain automobile insurance?

Yes. Any vehicle holding a valid Florida tag and registration must be covered by a Florida insurance policy throughout the entire registration period. When you leave Florida, you may surrender your tag and registration at the nearest driver license or tag office to avoid maintaining your policy. You can always register your vehicle upon your return to Florida, at which time you can provide proof of Florida insurance.

I am not a resident of Florida but I have business that keeps me in Florida sometimes for several months at a time. Must I comply with Florida's insurance laws?

Yes. Any person who has a vehicle in Florida for more than 90 days during a 365-day period must purchase personal injury protection and property damage liability insurance coverage. The 90 days do not have to be consecutiv.

If my driving privilege is suspended for no insurance, will I be granted a temporary driver license for working purposes?

No. There is no provision in Florida's motor vehicle insurance laws for the issuance of any sort of temporary or restricted driver license for financial responsibility suspensions.