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A lot of people ask me, "David, how do I stay calm when dealing with an insurance adjuster after an accident?" It’s a totally valid question, and trust me, you’re not alone in feeling overwhelmed. After an accident, emotions run high, and suddenly, you're faced with a cold, calculated corporation that seems to care more about their bottom line than your well-being.
Navigating this process can be confusing, especially if you’ve never been through it before. That’s why I want to take a moment to share some insights on how to handle these situations with confidence. This post is all about helping you stay calm and informed when talking to insurance adjusters, so you can focus on what really matters—your recovery.
When you're dealing with an insurance adjuster, it's essential to understand their primary function: minimizing payouts for the insurance company. They’re not there to help you; their goal is to protect their employer’s interests. While it may seem like they’re on your side, asking questions and gathering information, their real aim is often to find ways to deny your claim or offer you the lowest settlement possible.
Insurance companies operate in a cold, calculated environment where the bottom line reigns supreme. When you reach out for assistance after an accident, you might find yourself treated as just another file in a stack, another case to be resolved quickly and cheaply. This corporate mindset affects how adjusters interact with you. They may come off as indifferent, pushing for quick answers instead of taking the time to understand your unique situation.
This is why having an attorney by your side is so crucial. We ensure that you're treated as an individual, not just another statistic in their profit-and-loss report.
So, why should you reach out to an attorney before speaking with an insurance adjuster? It’s simple: you have an obligation to understand your rights. After an accident, you might feel rushed to give statements or answer questions, but trust me, taking that step back is crucial. An attorney will help you navigate the complexities of the claims process and ensure that you’re fully aware of your rights and options before you engage with the adjuster.
When you become a part of our family, you can rest easy knowing that an experienced attorney will be with you during every conversation with insurance adjusters. We believe in a hands-on approach, which means we don’t just give you the tools and send you on your way—we actively participate in those discussions. You won’t have to worry about the intricacies of legal jargon or feeling pressured into making hasty decisions. We’re here to take that burden off your shoulders so you can concentrate on getting better.
Before you even pick up the phone to speak with an insurance adjuster, I want you to take a moment and breathe. It’s essential not to rush into these conversations, especially when emotions are running high. Accidents are traumatic experiences, and the last thing you need is to add unnecessary stress by feeling pressured to respond immediately.
Take a step back and give yourself some time to collect your thoughts. If you’re feeling devastated, reach out to your attorney first. We’re here to guide you through the process and help you formulate a plan. Remember, you have every right to pause and prepare before diving into a conversation that could impact your future.
When it’s time to talk to the adjuster, there are a few points to keep in mind to ensure you’re communicating effectively:
Provide Only the Necessary Facts: Stick to the basics. The adjuster doesn’t need to know every detail of your life story. Share only the information that is relevant to the claim. The more you say, the more opportunity there is for misinterpretation or manipulation.
Treat the Conversation Like a Business Transaction: This isn’t a friendly chat; it’s a business negotiation. Approach it with a professional mindset. Keep the tone formal and focused. This helps you maintain control over the conversation and reinforces the importance of your claim.
Avoid Personal Emotions; Focus on Your Rights: It’s natural to feel emotional after an accident, but try not to let those feelings drive your conversation. Adjusters may use emotional appeals to sway you, so it’s crucial to stay grounded. Focus on what you know about your rights and the compensation you need. Remember, you have the right to advocate for yourself, and an experienced attorney can help ensure those rights are respected.
One tactic that many insurance companies, including Progressive, use is what I call the “swoop in” approach. After an accident, you might receive a call from an adjuster offering you a quick settlement. It might sound tempting—after all, who doesn’t want to resolve things quickly? But let me tell you, this is a red flag. They’re swooping in while you’re still reeling from the accident, trying to get you to sign off on a settlement before you even have a chance to fully understand the extent of your injuries or your claim.
This approach is designed to catch you off guard and make you feel like you’re getting a good deal. In reality, it’s a tactic to minimize their costs. They’re hoping you’ll be so eager to put this behind you that you’ll accept whatever amount they throw at you, even if it’s far less than what you truly deserve.
Signing an early settlement can have serious consequences. Once you accept that offer and sign on the dotted line, you’re essentially closing the door on any future claims related to that accident. This means you could miss out on fair compensation for your injuries, medical expenses, lost wages, and even pain and suffering.
Many people don’t realize how their injuries can evolve over time. You might feel fine right now, but what happens when that pain resurfaces weeks or months down the line? Accepting a low settlement too soon could leave you financially strapped when you discover that your injuries require ongoing treatment or when you can’t work due to your condition.
When you choose Carter Injury Law, you’re not just hiring an attorney; you’re gaining a partner who genuinely cares about your situation. Unlike big insurance companies that see you as just another number, we recognize you as an individual with unique needs and challenges. That personal touch is what sets us apart.
Think of us as your sports agent. Just like a superstar athlete wouldn’t negotiate their own contract, you shouldn’t have to tackle the complexities of dealing with insurance adjusters alone. Our team steps in to advocate for you, negotiating terms and handling tough conversations to ensure your best interests are represented.
As your attorney, we wholeheartedly commit to fighting for the compensation you deserve while you focus on your recovery. With our knowledge of the legal system and effective negotiation skills, you can relax, knowing we’re in your corner, pushing for the best possible outcome on your behalf.
In closing, I want to reiterate just how crucial it is to have an attorney by your side after an accident. Legal representation isn’t just about navigating the complexities of insurance claims; it’s about relieving the stress that comes with it.
Don’t hesitate to reach out. If you’re feeling uncertain about how to proceed, I encourage you to contact our law firm for a free case evaluation. It’s completely risk-free; we don’t charge any fees unless we win your case. Let us take the burden off your shoulders and guide you through this process with the care and attention you deserve. You don’t have to go through this alone—call us today, and let’s get started on your path to recovery.
When you're involved in a car accident, it’s easy to make mistakes that can really hurt your claim. We see it happen all the time—people wait too long to act, skip medical care, or try to handle everything on their own. These pitfalls can cost you the compensation you deserve. But the good news is, most of these mistakes are avoidable if you know what to do.
In this post, we’re going to walk you through the most common pitfalls we see in Florida car accident claims and, more importantly, how to avoid them. Whether you’re just getting started with your claim or you’ve already run into a few of these issues, we’re here to help.
One of the biggest mistakes people make after a car accident is waiting too long to take legal action. In Florida, the statute of limitations for filing a personal injury claim is two years. That might sound like plenty of time, but it goes by fast—especially if you’re busy dealing with injuries, car repairs, or figuring out insurance. If you let those two years pass, your case is barred, meaning the court won’t even hear it. You lose your chance to get any compensation, no matter how serious your injuries are.
We see this happen all the time. People call us three, four, even six years after their accident and say, “Hey, I’ve been in pain all these years, but now I’m ready to do something about it.” Unfortunately, there’s nothing we can do at that point—it’s simply too late. It’s frustrating for them and for us because we want to help, but the law is clear. Once the deadline passes, you can’t reopen the case or get any compensation, no matter how strong your claim might have been.
The key takeaway here is to act quickly. The sooner you start the process, the better off you’ll be. Even if you're not sure about filing a lawsuit, it's important to begin so you can keep your right to do so later. Waiting until the last minute—or missing the deadline entirely—is one of the most common mistakes we see, and it’s easily avoidable.
If you’ve been injured, don’t hesitate to reach out to us now. We’re here to help protect your rights and ensure you don’t miss any important opportunities. Time is important, and taking action now can make a significant difference in your case.
Another common mistake people make after a car accident is waiting too long to see a doctor. If you’re injured, you need to get checked out right away—don’t wait days, weeks, or months. The longer you wait, the easier it is for the insurance company to argue that your injuries aren’t as serious as you say, or even that the accident didn’t cause them at all. They’ll use any gap in your medical care to low-ball your claim and pay you way less than you deserve.
We’ve seen it happen plenty of times. Someone feels sore or in pain after an accident but thinks, “It’ll go away on its own.” Then, months later, when the pain gets worse and they finally see a doctor, the insurance company turns it against them. They’ll say, “If you were really hurt, you would’ve seen a doctor right away.” And just like that, your case gets devalued.
If you’re in pain, go see a doctor. It doesn’t matter if you go to the hospital, urgent care, your primary care physician, or even a chiropractor—just make sure you get treated by someone who knows what they’re doing. What’s most important is that you document everything. When you see the doctor, tell them exactly what hurts and how the accident happened. Don’t leave anything out, even if you think it’s minor—those small details could matter later.
A big mistake we see people make is trying to handle their car accident claim on their own. They think they can deal with the insurance company directly and everything will work out fine—but that’s rarely the case. The truth is, insurance companies are not in the business of paying out fair settlements. Their goal is to save their company money, not take care of you. And the adjusters? They might seem friendly, but they’re trained to limit what you get paid.
When people try to go through the process without a lawyer, they often run into trouble. They miss important details, run into legal loopholes, or deal with doctors who won’t support their case. Then, by the time they come to us, we take one look and think, “Man, this could’ve been handled so much better.” Sometimes, there’s only so much we can fix because mistakes were made early on. That’s why we always say, “Never go it alone.”
We know what loopholes the insurance company will try to use, and we’ve dealt with adjusters and doctors who aren’t sympathetic to accident victims. Having someone on your side who understands the ins and outs of these claims can make all the difference. There’s a lot more to it than just filling out paperwork—you need to know how to protect your rights at every step.
The best part? There’s no risk to you. We work on contingency fees, which means you don’t pay us anything unless we win your case. So there’s no reason not to hire an attorney. You get the legal support you need without any upfront cost. We’re here to make sure your case is handled the right way from start to finish—because if you try to do it on your own, the insurance company will take advantage of that every time.
One of the biggest mistakes you can make after an accident is talking to the insurance company without having an attorney by your side. People think they’re just sharing what happened, but every word you say can come back to hurt your case. Adjusters are trained to gather information in ways that benefit the insurance company, not you. Even if you’re being honest and cooperative, they can twist your words or take things out of context to downplay your injuries and lower your payout.
Adjusters ask seemingly harmless questions like, “How are you feeling today?” If you respond with, “I’m doing okay,” they’ll use that to argue that you weren’t seriously injured. Or they’ll throw in questions that don’t even matter, hoping you’ll say something inconsistent that they can use to challenge your claim later on. It’s like the old saying: “Anything you say can and will be used against you”—except here, it’s the insurance company that’s listening.
We know exactly how to handle these conversations. We coach you on what to say so you don’t accidentally hurt your case, and we block questions that aren’t relevant or that could trip you up. Sometimes, we can even take over communication entirely so you don’t have to deal with the adjuster at all.
The bottom line is, without an attorney, it’s easy to say the wrong thing or give them information they’ll twist to pay you less. But when you have us in your corner, we protect you from their tactics and make sure nothing gets said that could harm your case down the road.
One of the biggest traps we see people fall into is accepting the first settlement offer the insurance company throws their way. It’s important to understand that the first offer is almost never the best offer. Insurance companies are trying to close the case as quickly and cheaply as possible. They know that the longer a claim stays open, the more likely it is that the injured person will discover the full extent of their injuries—and that could mean a bigger payout for them.
So, what do they do? They swoop in with a lowball offer right after the accident, hoping you’ll take it before you realize just how injured you are. It sounds tempting—especially when you’re stressed, dealing with medical bills, and just want everything to be over. But If you accept that early offer, you release your claim. Once you sign off, you can’t go back and ask for more compensation—even if you find out later that your injuries are worse than you thought.
We’ve seen it time and time again. Someone takes a quick settlement for a few thousand dollars, thinking it’ll cover everything. Then, a few months later, the pain gets worse, or a new injury shows up, and suddenly they’re facing expensive treatments or surgeries. But by that point, it’s too late. The claim has already been settled, and there’s no way to reopen it. The insurance company has what they wanted—a closed case—and you’re left footing the bill for the care you really needed.
This is why it’s so important to consult with an attorney before accepting any settlement offer. We know what your case is actually worth and can negotiate a fair settlement that reflects the true extent of your injuries, lost wages, and future medical expenses. An early settlement might feel like a quick solution, but it’s usually not in your best interest. We’ll make sure you don’t get shortchanged and that the compensation you receive covers everything—both now and in the future.
If you have any questions or think you may have fallen into one of these traps, don’t hesitate to reach out. Call us today for a free, confidential consultation. We’re here to help you navigate this challenging time and ensure you get the support you need to move forward. Your rights matter, and we’re ready to fight for them.
If you’re here, chances are you or someone you care about has been injured. First and foremost, I want to say that I hope you’re okay, that you’re safe, and that you’re surrounded by people who care about you. Whatever happened, you’re not alone—and you’ve come to the right place.
At Carter Injury Law, we know how overwhelming things can feel after an accident. You’ve probably got a lot of questions, and we’re here to help you find the answers. Our firm isn’t just about handling cases—we’re about supporting people.
I was born in St. Petersburg and raised in Tampa, Florida. This community has shaped who I am, and I’ve spent my career giving back to the people here. My journey in law started early—as a fifth-generation attorney, I knew from a young age that I wanted to be in the courtroom, fighting for justice.
After graduating from Jesuit High School in Tampa, I earned a Bright Futures Scholarship to attend the University of Florida, where I graduated from their Honors Program. I later went on to earn my law degree from the Florida State University College of Law, graduating with honors.
My passion has always been about standing up for people—especially when they’re up against powerful insurance companies and corporate interests. That’s what led me to the personal injury field.
I began my legal career at a large personal injury firm, where I gained invaluable experience helping clients achieve the results they truly deserved. It was rewarding work, but deep down, I felt something was missing. I longed for a connection that went beyond simply handling cases; I wanted to forge genuine relationships with my clients and truly understand their struggles.
That’s why I made the heartfelt decision to join a boutique firm, where I could focus on building meaningful relationships with the people I represented. Yet, after a while, I found myself drawn back to the larger firm. It didn’t take long for me to realize how much I missed treating clients like family, rather than just numbers in a system.
This longing for connection led me to start Carter Injury Law. My goal was clear: to create a law firm that puts people first—a warm, welcoming place where clients feel heard, respected, and genuinely cared for.
At Carter Injury Law, we handle a wide range of personal injury cases. If you’ve been injured, we can help you with:
Car Accidents: We’re Here to Get You the Compensation
Getting into a car accident is overwhelming—whether it’s a fender bender or something more serious. Maybe you were hit by a distracted driver or got hurt while riding in an Uber or Lyft. No matter the situation, accidents happen fast, and suddenly, you’re left dealing with injuries, insurance claims, medical bills, and repair costs.
We’ve seen it all. We know how the insurance companies operate and the tactics they use to avoid paying claims. Whether it’s arguing over fault or offering you a lowball settlement, they’ll try everything to pay as little as possible. Our job is to make sure that doesn’t happen.
Slip and Fall Injuries: We Hold Negligent Parties Accountable
A slip and fall can happen when you least expect it—maybe you’re shopping at the grocery store, walking through a parking lot, or visiting someone’s home. One moment everything feels normal, and the next, you’re on the ground in pain, trying to figure out what just happened. It might seem like “just an accident,” but many times these falls happen because someone didn’t take care of their property the way they should have—whether that’s failing to clean up a spill, leaving a dangerous surface unmarked, or not fixing a hazard that was obvious to them.
If someone else’s negligence caused your injury, we’ll make sure they’re held accountable. We know how these cases work, and we won’t let the insurance companies brush your case aside or try to offer a quick, unfair settlement. We’ll gather the evidence, talk to the witnesses, and make sure your story is heard.
Medical Malpractice Cases: When a Healthcare Provider’s Mistake Changes Your Life
When we go to a doctor, nurse, or hospital, we put our trust in them. We assume they’ll do what’s right, follow the proper procedures, and help us heal. But sometimes, things go wrong. A misdiagnosis, a surgical mistake, a medication error, or even a negligence can turn what should have been a path to recovery into a life-changing ordeal. When a medical professional’s error leaves you worse off, it feels like a betrayal—and it’s not just about the physical injury. It’s about the emotional, financial, and mental distress it takes on you and your family.
At Carter Injury Law, we know how overwhelming it is to navigate life after a medical mistake. You’re dealing with more doctor visits, hospital bills, lose of probable wages, and the frustration of not knowing who to hold accountable. On top of that, healthcare providers and their insurance companies don’t make it easy. They’ll have teams of lawyers working to protect them, often claiming, “These things happen” or “We followed the standard of care.” Our job is to push back against that narrative.
We’ve been through this process before, and we know how to investigate medical malpractice cases thoroughly. We’ll dig into the details—review medical records, consult with experts, and gather the evidence needed to prove that the healthcare provider’s negligence caused your injury. Our goal is to make sure you get the right amount of compensation you need for medical costs, future care as well as the pain and agony you’ve endured.
Workplace Injuries: Protecting Your Health, Wages, and Future
Getting injured on the job can throw your whole life off track. It’s not just about dealing with the pain—it’s about figuring out how to cover medical bills, missing work and losing wages, and worrying about how your injury might impact your future. Whether you work on a construction site, in a warehouse, or in a corporate office, accidents can happen anywhere. Maybe you slipped on a wet floor, were hurt by faulty equipment, or were involved in a heavy machinery accident. No matter the situation, if you were injured while doing your job, you have rights—and we’ll make sure you get what you’re entitled to.
We’ll handle the paperwork, deal with the insurance companies, and make sure your claim is properly filed so you don’t miss out on any benefits. If your employer or their insurance provider tries to deny or reduce your claim, we’ll fight back. Beyond just medical bills, we’ll make sure you’re compensated for lost wages, future income loss, pain and suffering, and any other damages.
We understand that each case is unique and personal. you’re not just a client—you’re a person with a story. That’s why we offer a free, confidential case evaluation. Whether you’re ready to move forward with a claim or just have some questions, we’re here to help. There’s no pressure and no obligation—just a conversation to explore your options.
When you work with us, you’ll never feel like just another case in a pile. We’re all about modern connections and open communication, which is why I share my personal cell phone number with anyone who wants it. Need to talk? Reach out anytime—I’m just a text or call away.
At Carter Injury Law, you’re not just a file or a number—you’re important to us. We know how challenging it can be to go through something like this, and we’re here to walk with you through every step of the process.
If you or a loved one has been injured, don’t hesitate to reach out to us. We’re here to answer your questions, provide guidance, and help you secure personal injury compensation.
You can call us at 813-922-0228, send us an email, or fill out the form on our website. We understand how important your case is, and we’ll get back to you as soon as possible. To us, you’re not just another case—you’re family.
Have you ever felt the sinking feeling in your stomach after a car accident? The fear, the confusion, and the worry about insurance coverage can be enormous. Many of us assume that "full coverage" means we're completely protected, but the truth is often far more complex.
In Florida, the term "full coverage" can be misleading. It doesn't necessarily provide the comprehensive protection you might think. Understanding what full coverage actually means and how it can impact your financial situation is pivotal.
Let’s set the record straight—“full coverage” is kind of a misnomer. There’s really no such thing as full coverage, at least not in the way most people think. What one person considers full coverage could mean something completely different to someone else.
For instance, if you’re worth $100, you probably don’t need the same level of coverage as someone worth $100 million. It’s all relative. To truly be "fully covered," that person with $100 million would need a ton of insurance, likely in the millions, to feel secure. Meanwhile, someone with less might feel fully covered with a much smaller policy.
The bottom line is, there's no insurance that covers everything. What you really need depends on your financial situation, the risks you're willing to take, and what you're looking to protect. So when you hear “full coverage,” don’t take it at face value—there’s always more to it.
In Florida, the term "full coverage" can technically be applied if someone has the bare minimum insurance required by law. But don’t be fooled—just because someone meets these requirements doesn’t mean they’re fully protected.
Here’s what Florida law mandates: you need $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage coverage. That’s it. If you’ve got these two boxes checked, you can say you have “full coverage”—but is that really enough?
Not even close. PIP will only cover some of your medical bills, lost wages, or maybe even mileage to get to doctor appointments. And the property damage? Well, that’s just for damages to someone else’s car. So if you’re involved in an accident and someone tells you, “Don’t worry, I’ve got full coverage,” don’t relax just yet. These minimums aren’t going to cover everything—and certainly not enough if serious injuries or significant damage come into play.
So, what does it mean to be truly “fully covered”? Well, it goes way beyond just the minimums. If you want real peace of mind on the road, you need to look at a few other types of coverage that protect you in different situations.
First up, there’s Collision Coverage. This one’s very important because it pays for damages to your car, no matter who’s at fault in an accident. Whether you rear-end someone or get hit by a distracted driver, collision coverage makes sure you’re not stuck paying for repairs out of pocket.
Then there’s Comprehensive Coverage. This handles those random events that aren’t accident-related. Think about a tree falling on your car during a storm or someone vandalizing your vehicle. If you don’t have comprehensive coverage, you’re covering those costs yourself.
Next, we have Bodily Injury Coverage. This is important because it protects others if you’re the one at fault in an accident. If you cause injuries to someone else, bodily injury coverage helps pay for their medical bills and other expenses, so you're not personally on the hook for those costs.
Don’t forget about Uninsured Motorist Coverage. Unfortunately, not everyone on the road has the proper insurance—or enough of it. If you get hit by someone without coverage or with too little insurance, uninsured motorist coverage steps in to protect you. It ensures that you’re not left paying for damages or injuries caused by someone else’s lack of responsibility.
You might also want to think about Rental Coverage. If your car needs repairs after an accident, rental coverage makes sure you can get a rental car while yours is in the shop. It’s a small thing, but it makes life a lot easier when you’re not scrambling for a ride.
Finally, there’s the Umbrella Policy. This is extra protection that goes beyond your bodily injury limits. So if you’re facing a serious claim where the damages exceed your policy’s limit, the umbrella policy can cover the excess.
So, when someone says they have “full coverage,” I have a lot more questions. True full coverage means having a mix of all these types of insurance to cover you in any scenario—accidents, storms, vandalism, and more. Anything less, and you're leaving yourself exposed.
Here’s the thing—when someone says, “I have full coverage,” it doesn’t really tell you much at all. Sure, they might have the basic requirements, but that doesn’t mean they’re fully protected or that you’re covered in the event of an accident.
First off, just hearing "full coverage" doesn’t explain what types of insurance they actually have. They could have the bare minimum, like the $10,000 in PIP and $10,000 in property damage, and still claim they have full coverage. But what about bodily injury coverage? What about uninsured motorist coverage? Those are the real game-changers, and if they’re missing, you could be left high and dry.
One thing you can do is take a look at their insurance card. Sometimes, you’ll see boxes checked off, and if there’s a check next to "bodily injury coverage," that's a good sign. It means they have some level of coverage to protect you if they’re at fault. But here's the catch: just because a box is checked doesn’t always mean you’re in the clear. The only way to know for sure is to verify the policy.
This brings us to a critical step—always involve the police at the scene of an accident. I can’t stress this enough. Having the police document the incident ensures that everything is on record. When the police get involved, they can verify the insurance details, so you’re not relying on the other person’s word alone. Why is this important? Because, unfortunately, people sometimes hand over fake insurance cards at the scene. If you don't call the police, you might end up with nothing when you try to file a claim.
So, while "full coverage" might sound reassuring, don’t take it at face value. Without seeing the actual policy or getting verification from the police, it’s just words.
Want to learn more? Here are some related posts:
(I) Protecting Your Rights After a Multi-Car Collision: Tips from a Florida Attorney
(II) Staying Calm with Insurance Adjusters After an Accident
After an accident, understanding what insurance coverage you or the other party has can be overwhelming. That’s where we step in to take the guesswork out of the process and make sure you know exactly where you stand.
Once you hire us, we don’t waste any time. The first thing we do is send a letter to both insurance companies—yours and the other party’s—asking for a copy of the insurance policy and their declarations. Under Florida law, they have to give us that information. What we’re looking for here is a complete breakdown of all the coverages, so we know exactly what kind of protection is in place.
This is important because the insurance card alone won’t give you the full picture. What we need to see are the declarations pages, which tell us what types of coverage are included and how much coverage is available. We look at everything—PIP, property damage, bodily injury, uninsured motorist, you name it. These documents will tell us what’s real and what’s just talk when it comes to "full coverage."
Once we have those details, we’ll show you what coverages you have and what coverages the other party has. And if there’s anything missing, like uninsured motorist or bodily injury coverage, we’ll explain what that means for your case.
But we don’t stop there. We also look at your policy to make sure you’re not missing any critical protections. If we spot gaps in your coverage, we’ll let you know and walk you through options for what you might want to add in the future. We’re not just here to handle the aftermath of an accident—we want to make sure you’re protected moving forward, too.
If you’re feeling unsure about your insurance coverage—or the other person’s—don’t try to figure it all out on your own. Don’t guess, call us. We’ll get the real answers by reviewing the policies and explaining exactly what coverage is available.
We offer a free, confidential case evaluation, so you’ve got nothing to lose by reaching out. And here’s the best part—you don’t pay us a dollar unless we win your case. It’s that simple.
Who’s responsible for fixing your car after an accident in Florida? That’s a question we hear all the time, and it makes sense. After all, if you’ve been in an accident, your car’s damaged, and naturally, you want to know how to get it fixed—and you’re entitled to that.
When it comes to repairs, you’ve got two main options to consider. You could go through your own insurance, or you could file with the at-fault driver’s insurance. Each choice has its own pros and cons, and we’re here to walk you through them. By the end, you’ll know which option might be best for your situation, so you can get back on the road with peace of mind.
When it comes to getting your car repaired after an accident, the simplest and fastest route is often through your own insurance—if you have collision coverage.
What You Need to Know About Collision Coverage
Collision coverage is what allows you to file a claim for your car’s damages, no matter who’s at fault in the accident. It’s direct, it’s efficient, and it saves you from the extra wait time that often comes with using the other driver’s insurance.
How Deductibles Work When Filing Through Your Own Insurance
If you decide to go this route, be aware that a deductible will apply. A deductible is the portion you pay out of pocket before the insurance coverage kicks in. Deductibles vary by policy, commonly falling between $250, $500, or even up to $2,000. The choice of deductible impacts your payout as well as your premiums.
For instance, if your car is valued at $30,000 and your deductible is $1,000, the insurance company covers $29,000, with you paying the remaining $1,000. This setup keeps you covered but also shares a bit of the cost to control premiums.
The Advantages of Using Your Own Insurance for Repairs
Since you’re filing with your own insurance company, they don’t need to investigate who was at fault before they move forward with repairs or a payout. That’s what makes this option quicker; there’s no need to wait for the other driver’s insurance to respond, verify details, or complete their liability assessment. Your insurance company can get the ball rolling immediately.
Another advantage is that collision coverage protects you regardless of who’s responsible for the accident. It’s there to take care of your car’s damage, so you don’t have to worry about getting tied up in fault disputes to get back on the road.
If the other driver was at fault for the accident, you have the option to go through their insurance to cover your repairs. This approach has its advantages, but it also comes with some added waiting time and a bit of patience.
Why Filing Through the Other Driver’s Insurance Can Save You Money
One big perk here is that, unlike filing through your own insurance, you won’t have to pay a deductible. The at-fault driver’s insurance covers the repair costs, so your out-of-pocket expense is zero, assuming everything is confirmed and processed by their insurance company. This can be helpful if you’d rather avoid dipping into savings just to get your car fixed.
Rental Car Coverage: What to Expect When Repairs Are Underway
Another benefit is that if you go through the other driver’s insurance and they have adequate coverage, they should also cover a rental car for you while yours is being repaired. This rental coverage doesn’t come with any extra charge to you and can be a huge relief, especially if you rely on your car for daily commutes, errands, or family needs. Keep in mind, though, that this depends on their policy limits and their insurance company’s guidelines on rental car length.
Potential Drawbacks of Relying on the Other Driver’s Insurance
While going through the other person’s insurance means no deductible and the potential for a rental car, it’s not always the fastest way to get repairs underway. Their insurance company will need to investigate the accident, which can take time.
They’ll likely want to confirm who was at fault and may require additional information, like statements from their driver or a copy of the police report. If everything’s straightforward and there’s a police report showing clear fault, the process might speed up, but without that, delays are common.
Working with the other driver’s insurance company on your own can sometimes feel like a bit of a minefield. Without an attorney by your side, their insurance company may ask you detailed questions about the accident, your injuries, or other aspects of the incident that you’re better off not discussing.
These conversations can be tricky since most of the insurance company’s goal is to minimize their payout. When we handle cases, we make it clear that our clients aren’t to discuss their injuries, medical treatments, or how the accident happened beyond the car repair details. This protects you from giving statements that could complicate or even weaken your claim.
One thing many people don’t realize after an accident is that they have a choice in where their car gets repaired. Whether you’re filing through your own insurance or the other driver’s, you’re entitled to pick the body shop that you trust most to do the work. This decision can make a big difference in how comfortable you feel about the repair process and, ultimately, the quality of the results.
Choosing a body shop that you know, like, and trust can bring a sense of peace within. If you’ve got a favorite shop where you feel confident about the workmanship, going that route can be reassuring. You’re the one who will drive the car once repairs are complete, so having control over the repair quality matters.
But keep in mind that when you choose your own shop, you’ll need to work within the time limits that insurance companies usually place on rental car coverage. If your chosen shop takes longer than anticipated, the insurance company might not cover those extra rental days.
If you go with a shop of your choice, you’re in control of who does the repairs, which often translates to higher trust in the quality. This option is perfect if you already have a go-to shop or just want to ensure your car is fixed by a team you’re comfortable with.
On the other hand, if you’re okay with using a body shop that the insurance company recommends, there can be a few extra perks. Insurance companies often have partnerships with certain shops, and if the shop takes longer than expected, they might cover extra rental days without hesitation.
Essentially, if the insurance company’s chosen shop runs behind, they’ll be more likely to extend your rental period to match. Just remember that while you may get a bit of flexibility on rental time, this isn’t the shop you chose, so make sure you feel comfortable with the arrangement before moving forward.
In Florida, the minimum requirement for property damage coverage is $10,000. For minor fender-benders, that might be enough, but consider what happens if you’re driving a high-value vehicle or the damage costs run higher.
Even with their insurance paying up to the limit, you could still be left holding the bag for repairs that go beyond that $10,000. In cases like this, your collision coverage bridges the gap, giving you a space of comfort that your costs are covered regardless of the other driver’s insurance limitations.
For example, you’re hit by someone whose insurance maxes out at $10,000 for property damage. If your repair estimate comes in at $25,000, their insurance company will pay up to $10,000, and the rest – $15,000 – would typically be your responsibility. With collision coverage though, you’re safeguarded.
Instead of bearing the full brunt of those extra repair costs, your collision insurance covers the balance (minus your deductible), ensuring you’re not left in financial hardship due to someone else’s lack of coverage.
If you’re dealing with property damage after a car accident in Florida or just have questions about how the insurance companies are handling your claim, don’t hesitate to reach out. You can call us anytime for a free, confidential case evaluation. It’s completely risk-free—there are no fees unless we win your case. We’re here to walk you through all your options, answer your questions, and make sure you get the guidance you need. Contact us today, and let’s work on getting the compensation that’s rightfully yours.
When you’re facing a personal injury case, having a local attorney on your side makes a world of difference. Here in Tampa, our team at Carter Injury Law doesn’t just work in this community—we’re part of it. That means we’ve built a reputation we’re proud of, and every case we take on reflects our commitment to doing right by our clients, our neighbors, and our city.
Hiring a local attorney isn’t just about legal knowledge; it’s about knowing the people, the streets, and the system that’s specific to Tampa. Our team is here to make sure you feel supported, informed, and confident at every step of your case because, at the end of the day, your success matters to us just as much as our reputation.
When you’re hiring an attorney, especially for something as personal as an injury case, reputation is everything. Here in Tampa, reputation isn’t just a word—it’s a reflection of how we treat our clients and our community every single day. I understand that when someone chooses Carter Injury Law, they’re putting their trust in me to handle their case with care and integrity.
That’s why I take it personally to make sure every client has the best possible experience. It’s not just about winning cases; it’s about the kind of attorney my clients can confidently recommend to their family and friends.
Staying Connected with Clients: Why Communication Matters
In this city, word travels fast. People know each other, and they talk. If I didn’t follow through, if I didn’t keep my clients updated, or if I didn’t handle their case with the attention it deserves, that would impact not only my reputation but also the level of trust people have in local attorneys.
That’s why I make it a priority to stay connected, to communicate openly, and to make sure my clients know they’re in good hands. When a client feels like they’re left in the dark, that’s when trust breaks down—and that’s not something I’m willing to risk.
The Value of Local Trust: A Reputation That Speaks for Itself
Choosing a local attorney means choosing someone who’s deeply invested in the community and who will go the extra mile to protect that reputation. In a close-knit community like Tampa, my reputation means everything, and I want every client to feel confident they made the right choice.
I know that if I do a good job, my clients won’t just leave with a successful outcome; they’ll leave with a reason to say, “Yes, that’s someone I’d trust with my case.” At Carter Injury Law, that’s exactly the experience I’m here to provide.
When it comes to personal injury cases, having a team of trusted professionals behind you can be a real asset. That’s why, as a local Tampa attorney, I work with investigators and medical experts who know exactly what it takes to build a winning case. I’m not just hiring any investigator or doctor off a list; I’m calling on people I know, professionals I trust to do the job right because they’re part of this community too.
Trusted Investigators: Knowledge You Can Count On
In Tampa, I work with investigators who know this area like the back of their hands. These are people who can walk onto an accident scene and know exactly where to look, what to document, and how to gather the evidence that can make or break a case.
Tampa has its unique challenges, from busy streets to local business setups, and my investigators know how to work within that landscape. When they’re on the case, they’re not just gathering information—they’re preserving the details that could be the difference between proving your claim or losing vital ground.
Experienced Doctors and Medical Experts
Beyond investigators, one of the biggest assets for a personal injury case is having the right doctors on your side. Over the years, I’ve worked with doctors who are not only great at what they do but are also willing to go the distance for their patients, including showing up in court if needed.
In Tampa, I have the insider knowledge of which doctors can be relied upon to provide clear and honest testimony that supports your case, and I’m also aware of those who may lean more toward aiding insurance companies than their patients. We know the physicians who prioritize your care and those who are primarily there to assist the insurance companies.
When you hire a local attorney, you’re not just hiring someone with knowledge of the law; you’re hiring someone with deep connections in the local legal community. Over years of practicing in Tampa, I’ve built a network of relationships with other attorneys—relationships that can make a significant difference when it comes to negotiating your case and crafting a strategy tailored to your situation.
An Inside Advantage: Knowing the Defense Attorneys
In Tampa’s legal circles, knowing who you’re up against can be a huge advantage. I’ve stood across the table from many of the defense attorneys in this area, so I know the ones who approach cases fairly and the ones who may try to complicate the process.
I know which attorneys are skilled negotiators and which ones may try to sidestep a fair settlement. These insights help me anticipate how a case will go, allowing me to adjust strategies to stay one step ahead, whether that means pushing harder in negotiations or preparing for a trial.
Respect and Rapport with Opposing Counsel
We’ve built a rapport with local attorneys over years of working together, so we know who we can trust and who will play fair. This understanding goes both ways too—when opposing attorneys know I’m on the case, they know that I’m not interested in games or shortcuts. That mutual respect helps us focus on what really matters: getting a fair result for you.
Local Connections for Stronger Case Support
Beyond opposing counsel, being part of this legal community means I’m plugged into a network of professionals who understand the unique aspects of practicing in Tampa. From connecting with experts and judges to knowing the courthouse inside and out, my community connections reinforce every aspect of your case.
One of the most overlooked advantages of hiring a local attorney is the insight they have into the local court system and the specific judges handling cases. I’ve spent years working in Tampa’s courtrooms, and that experience gives me a unique understanding of how to present each case for the best possible outcome.
Every courthouse has its own rhythm, and Tampa’s is no different—knowing how things work behind those doors can make all the difference when it comes to fighting for your rights.
Understanding Judge Preferences and Courtroom Expectations
Each judge here has their own preferences, standards, and expectations, and that’s something you don’t learn from a law book or by practicing in another city. Some judges are detail-oriented and expect everything to be laid out with precision; others appreciate a more straightforward, concise approach.
Having worked with these judges on many cases, we know how to present your case in a way that resonates in the Tampa courtroom. That familiarity lets us prepare each step strategically, from the initial filing to how we handle evidence and testimony in court.
Strategic Preparation for Every Court Appearance
For you as a client, this experience means we’re prepared to guide your case through Tampa’s legal system, avoiding unnecessary delays and maximizing every opportunity to strengthen your claim. Whether it’s adapting our presentation style to suit a particular judge’s approach or anticipating specific questions they’re likely to ask, I tailor every detail of your case to match the environment we’re working in.
The Advantage of Local Insight and Experience
With a local attorney, you’re getting more than just legal representation—you’re getting someone who knows Tampa’s legal landscape intimately, who’s been through its courtrooms countless times, and who knows how to navigate it all with skill and strategy. It’s that insight and experience that allow us to advocate for you effectively, giving your case the strongest possible foundation in a Tampa court.
Carter Injury Law isn’t just a law firm in Tampa; we’re woven into the fabric of the Tampa community. From the beginning, our mission has been to stand by our neighbors when they need it most. We know that a personal injury doesn’t just affect your health—it impacts your entire life, from your job to your family.
Support from Day One: Free Consultations and Contingency Basis
When you come to us with a case, you can expect to feel supported from day one. We start with a free consultation because we believe everyone should have access to quality legal advice, regardless of their financial situation. Our team will walk you through the details, answer your questions, and make sure you feel informed and empowered to take the next steps.
We work entirely on a contingency basis, which means that if you don’t win, we don’t get paid. That’s how committed we are to your success. We’re proud to serve Tampa, offering free consultations and working on a contingency basis because your success is our priority.
A Responsibility to Our Tampa Community
This isn’t just a job for us—it’s a responsibility to our community. Being a local firm, we understand the challenges Tampa residents face and the importance of having an attorney who genuinely cares. We’re here to create a positive impact, not just in the courtroom but in the lives of the people who make this city great. Whether you’re dealing with a car accident, a slip and fall, or any other injury, know that Carter Injury Law is here to help you move forward with confidence every step of the way.
Choosing the right attorney after an injury isn’t just about finding someone with legal expertise; it’s about finding someone who truly understands the community you belong to. A local attorney brings insight, connections, and a commitment to representing you with integrity. At Carter Injury Law, we know the people, the streets, the doctors, and the legal network of Tampa—and we use that knowledge to fight for the best outcomes for our clients every day.
When you’re ready to work with an attorney who understands your community, reach out to Carter Injury Law. Schedule a free consultation with us, and let’s talk about how we can put our local knowledge and dedication to work for you.
Have you ever found yourself stuck in traffic on a busy Florida road, only to see a multi-car collision unfold right in front of you? It’s a situation that happens far too often in our state. Understanding the common causes of these accidents and how negligence is determined can help you navigate the aftermath if you find yourself in such a predicament.
In Florida, multi-car collisions usually occur when one driver suddenly slams on their brakes, setting off a domino effect of rear-end collisions. You may be wondering, “How do we figure out who’s at fault in these scenarios?” Well, that’s exactly what we’re here to discuss. From maintaining a safe following distance to knowing what to do after an accident, we’ll break it all down so you can stay informed and prepared.
One of the most common causes of multi-car collisions in Florida is rear-end accidents. Suppose a driver in front of you suddenly slams on their brakes—maybe they’ve just spotted a red light or a hazard on the road. That split-second decision can create a chain reaction. The car behind them, caught off guard, rear-ends that vehicle. Then the next car in line hits the car behind them, and so on. It’s like a row of dominoes falling one after another.
This scenario highlights how quickly a single action can escalate into a major accident involving multiple vehicles. When you’re driving, it’s not just about being aware of what’s in front of you; it’s also about anticipating what could happen behind you. That’s why understanding this chain reaction is crucial. If you’re not maintaining a safe distance, you might find yourself not just involved in the collision but also contributing to a much larger problem.
Now, let’s talk about the importance of maintaining that safe following distance. Following too closely can be a recipe for disaster, especially in heavy traffic. The general rule of thumb is to keep one car length for every 10 miles per hour you’re traveling. So, if you’re cruising along at 70 miles per hour, you should ideally be keeping a distance of about seven car lengths between you and the vehicle ahead.
This spacing isn’t just a suggestion; it’s a safety measure designed to give you enough time to react if the car in front of you suddenly stops. If you’re too close, you won’t have enough time to hit the brakes and avoid a collision. By maintaining that safe distance, you’re not only protecting yourself but also reducing the risk of causing a multi-car pile-up. Remember, driving is not just about following the speed limit; it’s also about ensuring that you have enough room to stop safely in any situation.
When it comes to figuring out who’s at fault in a multi-car collision, liability generally falls on the driver who initiated the chain reaction. In most cases, this is the driver who rear-ended the car in front of them. However, the situation can get a bit murky, especially in cases where you find yourself caught in the middle. Imagine you're driving along, and suddenly, a car slams into you from behind, propelling you into the vehicle in front of you. In this scenario, you might feel responsible for the damage to the front car, but that's not necessarily the case.
Typically, the middle car—the one that gets pushed forward—won’t have much responsibility for the accident. The primary liability will rest with the driver who caused the initial impact. That said, there are situations where the middle driver might bear some responsibility, especially if they were following too closely. But remember, your strongest case for compensation will often be against the driver at the back who didn’t maintain a safe distance.
Now, let’s talk about the role of insurance companies in these situations. After an accident, you can expect the insurance companies to dive in and start investigating who’s at fault. They may come up with some arguments that try to shift blame away from their insured party, especially if that party is the rear driver. For example, they might argue that the driver in the back had to stop suddenly due to the negligent actions of the middle car. But this line of reasoning often overlooks an important point: every driver is responsible for maintaining a safe following distance.
Understanding this principle is crucial when dealing with insurance companies. If the back driver couldn’t stop in time, they likely weren’t following the safe distance rule. That’s why it’s so important to be able to articulate the facts clearly and emphasize safe following distances when discussing liability.
Make sure to document everything about the scene. After an accident, emotions can run high, and it’s easy to forget important details. Start by collecting names and contact information from any witnesses. These individuals can provide critical insights about the incident, especially if there are conflicting accounts later on.
Additionally, taking photos is one of the best things you can do. Snap pictures of the accident scene, the vehicles involved, and any visible damages. Capture different angles and any relevant road signs or conditions. This visual evidence can paint a clearer picture of what transpired and can be instrumental when discussing liability later on. Trust me; this documentation can make all the difference in your case.
If you find yourself involved in a multi-car collision, one of the most important steps you can take is to speak with an attorney before engaging with any insurance companies. Why is this so crucial? Well, insurance companies are in the business of minimizing payouts, and they often use your statements against you. By consulting an attorney first, you’re not just protecting your rights; you’re ensuring that you have someone on your side who understands the complexities of these cases.
An experienced attorney can help investigate the accident, gathering crucial information that may be overlooked in the initial moments after the crash. They know the right questions to ask, which can clarify details that are essential for your case. This guidance is invaluable because it sets a solid foundation for understanding what happened and who should be held accountable.
Finally, when you do speak about the accident—whether it’s with an attorney, insurance company, or law enforcement—be sure to communicate clearly and calmly about the nature of the collision. Provide accurate details about what happened, but don’t volunteer unnecessary information. Your words can have significant consequences, so it’s vital to be precise and truthful. For instance, if you felt multiple impacts during the crash, make sure to specify that.
This kind of clarity is essential, especially when determining fault. The more accurately you can describe the events leading up to and during the collision, the better equipped your attorney will be to advocate for your rights. Remember, every detail matters, and your goal should be to build a strong case that supports your claim.
Multi-car collisions can have serious legal and financial repercussions for everyone involved. The first thing to consider is the potential costs that can pile up quickly after an accident. Medical bills can be staggering, especially if you’ve sustained injuries that require ongoing treatment. From emergency room visits to physical therapy sessions, the expenses can accumulate, leaving you feeling empty.
But it’s not just about the immediate medical costs. You may also face lost wages if your injuries prevent you from working. The pain and suffering you endure don’t come with a price tag, but they can significantly impact your quality of life. It’s essential to recognize that these factors will play a critical role in your overall compensation claim.
Identifying who is responsible for these costs is crucial. If the other driver was at fault, you might be entitled to compensation for your medical expenses, lost wages, and even the emotional distress caused by the accident. However, if liability is unclear or contested, it can complicate matters. That’s why it’s vital to gather as much evidence as possible and to have an experienced attorney on your side to navigate these complexities.
We offer a free, confidential case evaluation, allowing you to discuss the details of your situation without any pressure. Your conversation with us is protected by attorney-client privilege, which means that anything you share is kept strictly confidential. This isn’t like talking to an insurance company; we’re here to listen to your concerns and advocate for your best interests.
Don’t wait until it’s too late. If you have questions about your case, how to prove fault, or what compensation you might be entitled to, reach out to us today. We’ll help you make sense of the complexities surrounding your accident and ensure you get the justice you deserve. Call us now for the support you need to move forward confidently.
Florida is one of the top states where uninsured motorists are most likely to strike. That is partially because the State of Florida does not mandate bodily injury coverage. Statistics show that about 26.7% of people on the roads in Florida are driving without having bodily injury coverage or any auto insurance at all, according to an Insurance Research Council. That means that more than 1 in every 5 drivers driving along with you are doing so without insurance. What happens if you get hit by one of those uninsured drivers? What should you do to protect your rights and claim for damage? In Florida, those uninsured or underinsured drivers can create considerable difficulties for people seeking compensation for their injuries and damages.
So, if an uninsured driver has hit you in Florida, there are certain steps you want to take to make sure that you do the best job you can to preserve the claim.
The first and foremost step you need to take is to call the police. Calling 911 is the best course of action after every accident and the best way to document it. For reference, a hit-and-run driver is called a “phantom vehicle,” which counts as an uninsured motorist under any uninsured motorist coverage you might have in Florida. Let’s say an uninsured driver or phantom vehicle hits and runs, doing damage to your car and injuring you. Afterwards fleeing the scene and you don't know who they are. If this happens, you still absolutely want to call the police and document that this happened to you.
Sometimes an at-fault driver will try to convince you not to call the police or give you some cash for damage to your car and say there’s no need to alert the authorities. It’s strongly advisable that you do not let that happen. When police arrive on the scene, they will take down everyone’s information and properly document the incident, allowing you to obtain a full police report at a later date that will help you in dealing with insurance companies.
In this crash report, police may add important information about an at-fault driver’s identity, contact information, or even the vehicle owner/s. A vehicle owner is liable to you as well in the State of Florida for the negligence of the driver. This information can be useful if you need to file a request to the Department of Highway Safety and Motor Vehicles for verifying insurance information on the defendant's car. Without it, DHSMV can deny the request.
However, if the at-fault driver doesn't flee the scene (which is hopefully the case), then try to exchange information with him or her, even if they don't have insurance. If you're lucky and you have witnesses, also collect their information to include full names, phone numbers, emails, and addresses. This may be useful to your claim down the road.
The next step is probably to report the collision to your insurance company. Reporting a claim to your insurance company early is the key. If you have a complete police report it's really going to back up your story that you were hit by an uninsured driver or a phantom vehicle. Since these people don't have insurance on their cars or they don't have enough insurance coverage, you’ll probably be asking your insurance to handle the claim for you, assuming you have the right coverage.
Next, find out what your insurance policy says. Do you have collision coverage? If you have collision coverage, it's going to cover you when that person who hit you doesn't have enough property damage insurance or does not carry insurance coverage at all. So, if you want to protect yourself and your claim, having collision coverage on your policy is a must.
The next thing you're gonna look at your policy – Do you carry uninsured/underinsured motorist coverage? If you carry uninsured or underinsured motorist coverage it's going to cover you if you get hit by somebody who doesn't have enough bodily injury coverage or doesn't have any insurance coverage at all. It is another type of coverage that your insurance company pays directly to you. However, it’s only applicable if you are not at fault for the collision.
Your UM/UIM policy will pay for any unpaid sums that your PIP coverage does not cover. It is also applicable for pain and suffering compensation. In Florida, UM/UIM coverage must be combined with Bodily Injury coverage.
Through uninsured/underinsured motorist coverage, you can still make a claim for past medical bills, future medical bills, pain and suffering, and loss of enjoyment of life.
If you didn’t immediately go to the hospital, this is the most important step to take once the dust has settled and you are feeling any pain as a result of the collision. However, you can always call for help from the police and paramedics directly from the scene of an accident. If you are injured, it is important to get treatment within 14 days. To be eligible for PIP compensation in Florida, you must see a doctor within 14 days after the accident. The reality, though, is the sooner the better. The longer you wait to document your injuries, the more likely it is that the insurance company and their attorneys will try to devalue your case by saying that they do not really think you are hurt because you waited too long.
The aftermath of an uninsured driver's accident can be difficult to handle and confusing. Consult a Florida personal injury attorney that has experience handling these uninsured motorist cases. They can help you navigate the procedure and safeguard your rights successfully.
If you follow these steps, you will increase your chances of success when filing an uninsured motorist claim. Make sure you cooperate with your insurance company and provide them with all of the necessary information and documentation. After that, you may have to negotiate with them. Hopefully, they will deal with the claim fairly and resolve it with you. Unfortunately, that is not the usual experience. Having a knowledgeable and trustworthy attorney on your side may end up getting you a much better result. Insurance companies are not there to look out for you and can even try to trick you into a settlement or action that does not benefit. It truly is best not to go it alone.
When an uninsured driver hits you in Florida, it is very difficult to collect your damages directly from him or her. Florida is a no-fault automobile accident state, which simply means that your vehicle insurance company should cover 80% of your medical bills, up to a $10,000 maximum (or a $2,500 maximum if you have not experienced an “emergency medical condition.” If the other motorist is at fault, their insurance company would pay the remaining 20%, but they have no bodily injury coverage. This, again, is why it is important to carry coverage that protects you from these people.
What Options Do You Have?
It’s normal to be concerned about not getting compensation for your losses and injuries. Yet, there are some options for you if you are involved in a collision caused by an uninsured driver. The following information can be helpful to get your claim.
PIP insurance. This can be applicable only after you get treatment within 14 days after the accident. This can cover 80% medical cost, 60% lost wages, and $5,000 for death. As stated, the limit of coverage is either $2,500 or $10,000. This insurance covers you, your family, passengers who do not own a vehicle, those who drive your car with authorization and do not have another source of PIP, and sometimes even pedestrians.
Property Damage Liability Coverage. Just because the at-fault driver does not carry bodily injury coverage, they may still have coverage for the damage to your vehicle if they carry this type of liability coverage. This may compensate you for car damage if someone hits your car (like a rear-end collision, for example). The at-fault driver’s insurance company would then pay to repair your vehicle or for its total loss. Florida state law requires at least $10,000.00 in Property Damage Liability coverage.
Body Injury Liability (BI) Coverage. If you or your attorney are able to uncover another source of bodily injury coverage, then that insurance will be responsible for covering your medical bills. This type of insurance also compensates for your pain and suffering. The minimum limit for getting Bodily Injury coverage is $10,000.00 per person/$20,000.00 per accident; however, the State of Florida does not mandate this coverage at all.
Comprehensive coverage. This insurance can help protect your car from damage. But this has to be caused by natural catastrophes, falling items, fire, and so on.
Let’s say your uninsured motorist insurance doesn't properly cover your damages, now what? You can file a personal injury lawsuit against the uninsured, at-fault driver and/or vehicle owner to seek the compensation you deserve. Though it is not always the case, the uninsured motorist in your collision is unlikely to have the financial resources to pay a personal injury award.
There are two ways a personal attorney can help if you decide to seek personal contribution from an at-fault driver. Although, it is very difficult to find a personal injury attorney willing to sue someone without insurance on a contingency fee basis (meaning no payment up front, just a percentage of the award).
First, if you are successful in obtaining a judgment, you can place a lien on the defendant’s property. If the defendant has any assets, you may be able to use that property as collateral to repay for damage owed to you. There are exceptions for homesteads and a small amount of personal property.
Second, you may consider entering into a payment with the defendant. If the defendant has insufficient money to pay you upfront, then you can agree to a weekly or monthly payment or ask the court for an order to garnish the defendant’s wages.
If you have injuries, massive damage that you fear will not be fully covered by insurance, then you should consult our personal injury attorney, David Carter. He will discuss alternative solutions to help you. Every collision with uninsured motorists requires high-quality legal advice and assistance. David Carter and Carter Injury Law can help you in determining what steps you need to take after being hit by an uninsured motorist or involved in a hit-and-run accident.
So, don't go it alone. Contact Carter Injury Law now to set up a free consultation. We have a beautiful location at 3114 N. Boulevard Tampa, Florida where we offer in-person and virtual case evaluations. If you or someone you care about was involved in an accident with an uninsured driver in Florida, call at (813) 922-0228 for a free case review, or send us an email at office@carterinjurylaw.com.
Let’s say you're driving home from work one day when a reckless driver crashes into your car. You're injured, and the accident turns your life upside down. You decide to sue the at-fault driver for damages, but then you hear about something called the "statute of limitations." What is it, and why does it matter?
In simple terms, the statute of limitations is a legal deadline for filing a lawsuit. It's a ticking clock that starts as soon as the accident happens. If you don't file your lawsuit before the clock runs out, you might lose your chance to get compensation for your injuries.
So, what's the big deal? Well, understanding the statute of limitations is crucial if you've been injured in Florida. It's like knowing the rules of a game before you start playing. If you don't follow the rules, you might end up disqualified.
In Florida, the general statute of limitations for most personal injury cases, including slip and fall accidents and medical malpractice, is two years from the date of the accident or injury. This means that the time starts counting as soon as the accident happens.
If you wait more than two years to file your lawsuit, you'll likely lose your chance to get compensation for your injuries. This applies no matter what kind of damages you're seeking, such as medical bills, lost wages, or pain and suffering.
So, if you've been hurt, it's important to talk to a lawyer as soon as possible. They can help you understand your rights and make sure you file your lawsuit on time.
If you're injured in a car accident in Florida, you generally have two years from the date of the accident to file a lawsuit. This means that the clock starts ticking as soon as the accident happens.
This time limit is the same for most personal injury cases in Florida, including slip-and-fall accidents and medical malpractice. However, some specific rules and exceptions may apply to car accident cases, such as the discovery rule and the tolling of the statute of limitations for minors.
The two-year time limit applies if you're suing for damages related to injuries or property damage caused by a car accident in Florida. This means you can seek compensation for things like medical bills, lost wages, pain and suffering, or damage to your car.
If someone dies in a car accident in Florida, the time limit for filing a lawsuit is different. In these cases, you generally have two years from the date of death to file a wrongful death lawsuit.
Missing this deadline can have severe consequences, including the following:
Loss of Legal Rights: Once the time limit passes, the courts will typically dismiss your case, and you may lose your right to seek compensation, even if you have a valid claim.
Impact on Settlement: Insurance companies are aware of these deadlines and may be less willing to settle if they know you are close to the statute of limitations running out.
Evidence Degradation: Over time, evidence can be lost, witnesses' memories may fade, and crucial information can become harder to retrieve, making it more challenging to build a strong case.
It’s not uncommon for attorneys to hesitate to take on a case that’s approaching the statute of limitations deadline. There are a few reasons for this:
Time Constraints: Preparing a solid legal case takes time. If the statute of limitations is only days away, the attorney may not have enough time to investigate, gather evidence, interview witnesses, and file the appropriate paperwork.
Potential Legal Pitfalls: Rushing to meet a deadline increases the risk of making mistakes. Attorneys want to ensure they provide the best representation for their clients, and accepting a last-minute case could compromise the quality of their work.
Risk of Dismissal: If a case is filed too close to the deadline, even a minor technicality or mistake in the paperwork could lead to the case being dismissed. Attorneys are cautious because they don’t want to risk harming a client’s chances of success.
Although the statute of limitations is a strict deadline, there are certain exceptions where the time limit may be extended. These exceptions are rare but can have a significant impact on personal injury cases.
1. The Discovery Rule:
In some cases, the statute of limitations doesn’t begin when the injury occurs but when the injury is discovered. This is particularly common in medical malpractice cases, where the patient may not realize they’ve been harmed until long after the actual procedure or treatment.
For example, if a surgeon leaves a foreign object inside a patient’s body, the statute of limitations might start when the object is discovered, not on the day of the surgery.
2. Wrongful Death Cases:
Wrongful death claims have a shorter statute of limitations—two years from the date of death. However, in some circumstances, this period may be extended. For example, if the cause of death is not immediately apparent or if you suspect any foul play, the statute may be paused until the true reason is discovered.
3. Cases Involving Fraud :
If the defendant intentionally hides evidence or conceals their wrongdoing, the statute of limitations may be "tolled" or paused. This can happen in cases where the responsible party goes to great lengths to avoid detection or liability, making it harder for the injured party to realize they have a claim.
4. Minors or Mentally Incapacitated Individuals:
For individuals who are under the age of 18 or mentally incapacitated at the time of the injury, the statute of limitations may be extended. In these cases, the time may not start until the individual turns 18 or regains mental competency.
Attorneys often prefer to take cases well before the statute of limitations is near for several important reasons:
Thorough Investigation: The earlier an attorney can get involved, the more time they have to investigate the incident, gather evidence such as police reports, and witness statements, make sure that medical records are documented after the injuries, and build a strong case. Therefore, you get the maximum compensation for your loss.
Securing Evidence: As time passes, evidence may disappear or degrade. By starting early, attorneys can ensure that key pieces of evidence such as surveillance footage, witness testimony, and medical records are collected before they become unavailable.
Client Preparation: Personal injury cases often require clients to undergo medical evaluations, depositions, and other formalities. The more time available, the better prepared both the attorney and the client will be for trial or settlement negotiations.
Maximizing Settlement Opportunities: Insurance companies often take cases more seriously when they are filed well before the deadline. Early filing shows that the attorney is prepared and committed to seeking justice, which can lead to better settlement offers.
Understanding the statute of limitations for Florida's personal injury and car accident cases is crucial for anyone seeking compensation. Whether you’re dealing with a four-year limit for most personal injury claims or a shorter two-year period for wrongful death cases, the clock is always ticking.
If you or a loved one has been injured in an accident, it’s recommended that you act quickly. You can contact our expert personal injury attorney here, carterinjurylaw.com. Don’t wait until it’s too late, consulting with an attorney early on ensures that your case has the best chance of success.