When Do Auto-Accidents Commonly Occur?
Experienced Sunrise Auto Accident Lawyer
We see accidents happen during the day, at night, during the week, on weekends, during working hours and non-working hours. They can happen any time, and there is no specific time when they occur more often than other times. We don’t see one particular kind more than another – they happen when people are drunk, when they’re not drunk, when they’re not paying attention and when they are. They happen all the time and at any time.
How Does No-Fault Apply To Auto-Accidents?
In the State of Florida, we have what is called No Fault law. When you purchase automobile insurance, which is a requirement in the state of Florida, you are required to have a minimum of two parts to your policy; one is known as “No Fault Coverage” or PIP insurance and the other is known as “Property Damage.”
Property damage pays when you were at fault. This coverage will pay for the damages to the other driver’s car. No Fault insurance, on the other hand, covers you for the injuries that you sustain in an accident which is inclusive of medical bills and lost wages.
Thus, No Fault covers your lost wages up to $10,000 as well as medical bills up to a total of $10,000. As long as you’re in a mishap in the state of Florida, it will pay for those two things no matter whether you’re at fault or you’re not, hence “No Fault.”
In order to be covered for your injuries, you must seek medical care within 14 days of the date of the accident, and the medical care you seek must be considered emergency care. As long as you do that, you can get up to $10,000 in benefits. If you wait until after the 14 days have passed, you will not be able to get $10,000 in benefits.
Is My Case Doomed If I am Accused By The Other Party’s Insurance Company Of Being At Fault?
No, you certainly can fight a claim if you are considered to be at fault, but it may be an uphill battle. As a general rule, if you are considered at fault and you have been given a ticket, and the police officer has indicated that it was your fault on a police report, and if there are witnesses who also say you’re at fault, you will have a tough time fighting it. You can certainly try, and we do fight those claims, but it is an uphill battle.
Can Pictures Taken At The Scene Be Used As Evidence?
Any pictures you take can absolutely be used as evidence. It’s a great idea to take pictures of your car, of the other driver’s car and to take pictures of the positions that the cars are in. Also take pictures of the inside of the car. The inside of the car may show additional damages such as a cracked dashboard, a cracked window or cracked steering column. There may be different objects inside your car that have been scattered all over the floor, things that have fallen. Sometimes, people will say that they were severely hurt and pictures can also show that afterwards.
While at the scene, people are confused and upset and not doing things as consistently as they might later report during a deposition. A deposition is basically a sworn statement. Having photographs of the accident scene, of both cars, any skid marks, weather conditions, etc., can be helpful. Be sure to also get a picture of the other vehicle’s license plate and the other person’s driver’s license. Be sure you copy down or photograph information from the other driver’s insurance card and get contact information for any witnesses.
Why Is It Necessary To Hire An Attorney In An Auto-Accident Case? Won’t Insurance Handle Everything?
The reason you hire a lawyer like David M. Benenfeld after an accident is because we help with numerous things.
- We gather evidence to show exactly who is at fault;
- We collect photographs, talk with witnesses, get sworn statements, and talk to the police officer, if necessary.
- We gather medical information to show your damage.
- We compile the necessary evidence for your personal injury claim.
Besides gathering the evidence, we can also help you find doctors (if you don’t have one) to treat the injuries you sustained We help process your no fault insurance claim to get your medical bills and lost wages paid. We gather evidence from your employer, if necessary, and help you get paid wages you may have lost if you missed time from work.
In addition, we tell you how to comply with certain parts and areas of the law so that your rights and remedies under the law are not compromised in any way; so that you’ll get all the benefits you’re entitled to, whether it’s a no fault benefit, a medical payments benefit, or uninsured motorist benefits. We also talk with the other driver’s insurance company, or the one that’s at fault, and ultimately help you and your spouse get compensated for your injuries, your lost wages and the pain and suffering you’ve been through because of an accident that wasn’t your fault.
For more information on Auto-Accident Litigation, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling 954-677-0155 today.