Pensacola Car Accident Attorneys
The types of damages you can recover (what your insurance company and the at-fault driver's insurance company will and will not pay)
Florida's "no fault" rule (which allows your insurance company to pay a portion of your medical bills even if you were not at fault)
Were you recently in a car accident? Your car may be wrecked. You're injured. It can be confusing and disorienting to know what to do and what rights you have. Coming to Taylor, Warren, Weidner & Hancock to have an attorney help you with your auto accident claim is one of the first important steps toward protecting your rights and ensuring the best recovery of your health and the bills you have and will continue to incur because of the accident. We know what to do and will explain your rights and guide you. The actions you take immediately after an accident have a tremendous impact on the amount of money you can recover.
Do You Have Full Coverage?
Just because your policy says you have “full coverage” may not mean you and your family will be fully covered if you are in an accident. If you do not have “uninsured or underinsured motorist coverage,” you may not be able to recover if the other driver does not have any, or does not have enough, insurance to cover your medical bills and other damages. Determining whether you have enough coverage in place to protect you and your family before an accident happens is key. We are always happy to meet with clients to review their policies and explain to them the types and extent of coverage they have and the additional types of coverage they should consider getting in addition. At TWWH, we never charge any fee or cost for an initial consultation to talk about your case and explain your legal rights. Contact us.
Should You File a Claim for an Accident That is Not Your Fault?
This is one of the primary questions we receive from car accident clients. You can view other frequently-asked questions and our answers here: Frequently-Asked Questions About Car Accident Claims. The answer is yes. You should always put your auto insurance provider on notice if you have been in an accident, whether or not you feel you were at-fault in the accident. Portions of your medical bills may be covered by your own insurance provide even though you were not at fault depending on the types and amounts of coverage you have in place. TWWH attorney, Phillip Warren, explains here how failing to notify your auto insurance carrier of an accident, even though you were not at-fault, could have a negative impact on your claim.
Am I Entitled to Recover, and, If So, What Are My Damages?
Whether or not you are entitled to recover from the other driver in a car accident will depend initially upon whether or not you were at-fault in the accident. Meaning, did your conduct cause the accident? As an injured victim, seeking damages for your injuries, you will bear the burden of proving the cause of the accident. You can still recover if you were partly at-fault in the accident, but your recovery may be limited by the portion of blame the jury attributes to you as a contributing cause of the accident. Proving liability in a car accident can be one of the most difficult elements of the case and the point at which many insurance companies are able to gather sufficient evidence to deny the claim. It is important you contact an experienced car accident attorney as soon as possible after the accident so he or she can begin working immediately to protect your rights and gather evidence to support your claim.
If you are able to prove the other driver's conduct was responsible, or at least primarily responsible, for the accident which caused your injuries, there are several different types of damages you may be able to recover:
- Your medical bills for treatment rendered as a result of the accident;
- Lost wages for time you had to miss from work as a result of the accident;
- Loss of earning capacity if you are not able to earn as much as you were able to before you were injured in the accident; and
- Property damage for the cost to repair your vehicle.
There may be other damages you can recover depending on the extent of your injuries and the scope of impact the car accident has had on you and your family, and your future. An experienced car accident attorney will know what damages you are entitled to and how best to prove them. If you are speaking with an insurance adjuster for the other driver's insurance company and they are encouraging you not to hire a car accident attorney, that is because they know an attorney will work hard to make sure the insurance company pays every cent that you are entitled to and it will end up costing the insurance company more money if you hire an attorney. If you have a question about whether you should hire a car accident attorney after an accident, getting answers to those questions does not cost you anything and can have a huge impact on the amount you recover. There is no down-side to contacting an attorney to have your questions answered. We never charge an initial fee or cost to sit down with you, answer your questions and explain your rights. Contact us.
Helpful Links and Resources
The National Safety Council's safe driving toolkit.
Auto insurance is mandatory under Florida law.
Passengers can have a huge impact on driver focus and distraction. Read more about how to reduce passenger distraction from the Florida Department of Transportation here.
Check out the Florida Highway Safety and Motor Vehicles crash data.
Every eight seconds someone is hurt in a car crash.
Read the National Safety Council's 2017 Driver Safety Public Opinion Poll.
Some additional tips on what to do after an automobile accident.
Some additional guidance on filing a police report after a car accident.
Helpful “Post-Accident Checklist” from the Department of Motor Vehicles.
First steps following a personal injury auto accident from the Department of Motor Vehicles.
The Department of Motor Vehicle's guide on “When to Seek Medical Attention for Personal Injury.”
The Department of Motor Vehicles discussing when another driver has an accident in your car.
Learn more about car insurance in Florida and auto insurance requirements from the Department of Motor Vehicles here.
Read Florida CFO's Automobile Insurance Toolkit for Consumers.
At Taylor, Warren, Weidner & Hancock we deal with car accident cases every day, and we know how to make sure the insurance companies fulfill their duty to treat you fairly and pay for your damages.
Give us a call at (850) 438-4899 or contact us at [email protected] before you provide any information to an insurance company. We never charge any initial cost or fee to sit down with you after a car accident to explain your legal rights.