Car and Motor Vehicle Accidents

Generally speaking, an individual may have two types of claims from a motor vehicle accident, property damage or personal injury. Under Florida law, owners of a motor vehicle are required to maintain only $10,000.00 in property damage liability coverage. F.S. 324.022 (1).

Moreover, Florida law does not require motor vehicle owners to carry bodily injury liability coverage. Therefore, it is important to protect one's self and family by maintaining uninsured motorists coverage. An experienced and qualified insurance agent can best advise as to how much uninsured motorists coverage should be purchased.

An injured person may only make a claim for damages arising out of a motor vehicle accident if another individual was responsible for causing the accident. It is most important for the police to perform a proper investigation of the causes of the accident as soon as possible. Too many times, the police are not called immediately or the innocent party trusts the at fault party to properly take care of everything. In these scenarios, too often the at fault party will try to shift the blame after the fact. Without individual witnesses or a proper police investigation, it will often be difficult to prove who is telling the truth. Because the full extent of property damage and injuries cannot be determined and people cannot always be trusted to do the right thing at the time of an accident, the police should always be contacted to conduct a proper investigation.

After it is determined that someone else was at fault in causing the accident, the next issue to consider is the nature of any injury sustained. In regards to injuries from a motor vehicle accident, Florida is subject to the tort threshold requirements as dictated by F.S.§627.737 (2). In short and to simplify, a claim for pain and suffering, may only be recoverable if, as a result of the motor vehicle accident, an individual dies, sustains a permanent injury, significant and permanent scarring or loss of bodily function. The inability to prove any of these requirements could bar a claim for pain and suffering due to a motor vehicle accident.

In order to prove whether or not an individual has sustained an injury sufficient to meet the tort threshold requirements, medical documentation and/or testimony are most important. Payment of the medical bills up to a certain limit will be covered pursuant to the requirements under Florida's personal injury protection coverage laws. F.S. 627.736. Without complete medical documentation including medical records and billings, it may be difficult to prove that the bodily injury resulted in a permanent injury.

Often times, insurance companies evaluating a personal injury claim will seek to minimize an individual's injuries as well as to negate the accident being the cause of any injuries. Therefore, insurance companies will often times seek to speak to the injured as soon as possible. An individual may believe that the insurance company is looking out for the best interests of the injured person. Unfortunately, this is usually not the case. Therefore, even innocent sounding comments made by an injured individual to an insurance company recording the conversation could significantly hamper the ability to prove the motor vehicle accident caused a permanent injury. Before speaking to an insurance company, it is strongly recommended that an individual contact an attorney to look out for the injured individual's best interests.

If you or anyone you know may have a possible claim for injuries sustained as a result of an automobile accident, our firm will always be available to analyze the situation and discuss the issues and strategies involved in bringing the claim. These include discussing the potential liability of the at-fault party, the amount of damages which could be reasonably be claimed and the potential for successfully collecting any damages awarded from the at-fault party or its insurer.

At Abramowitz, Pomerantz & Coffey P.A., we urge you to contact us regarding any questions you may have about a possible claim for injuries resulting from an automobile accident with the knowledge that you are dealing with an experienced AV Rated law firm specializing in personal injury law. Our firm handles cases on a contingency fee bases which insures that you will pay a fee only if you recover damages. We will be more than happy to provide you with a free initial consultation to enable you to discuss the merits of your personal injury claim with one of our attorneys. Please feel free to contact us at (954) 572-7200, by email at info@abrpom.com or by filling out our online claim form contained in our website at www.floridainjurylawyers.com.