Protecting the Rights
of Injury Victims

Thomas DeLattre and Glen D. Wieland

How to file a car accident claim in Florida

On Behalf of | Oct 28, 2024 | Motor Vehicle Accidents |

Handling the aftermath of a car accident can feel complicated and overwhelming. When you decide to file a claim with your insurance company, there are several steps involved and various laws you must follow.

Florida is a no-fault insurance state, which means that your own insurance company is responsible for paying your expenses after a car accident, no matter who was at fault. Expenses can include medical expenses and lost wages.

However, sometimes you may want to file a personal injury claim against the other driver. There are certain steps you should take after a car accident that can help if you decide to pursue this route.

What to do immediately after the accident

Call 911 and report the accident. Seek medical attention and obtain the contact information of the other driver and any witnesses. Take photographs and videos of the accident scene.

Next, contact your insurance company and report the accident. Florida law requires you to report the accident as soon as you can. Provide them with all the information you gathered.

The insurance company will then begin an investigation. Cooperate with your insurance company during this process.

Tips for working with an insurance adjuster

An insurance adjuster will likely contact you to obtain information. Be truthful with your answers but be careful what you say. Know that whatever you say could potentially be used against you.

The insurance adjuster could also take your words and try to use them against you. Remember that the insurance adjuster does not work for you. They work for the insurance company.

The investigation process will involve a lot of paperwork. Sometimes the insurance adjuster will try to overwhelm you with paperwork, hoping you will get confused and be unable to properly negotiate.

Alternatively, the adjuster might not provide you with enough paperwork, leaving you without necessary information to make informed decisions. Keep all paperwork in one place and organize it by date and/or category. Save a copy of all emails.

The importance of reviewing a medical release

The insurance adjuster may ask you to sign a medical release. This allows the insurance company to gain access to your medical records.

Be careful about what exactly the release covers. It could ask for records for long before the accident, with the intent of finding a pre-existing medical condition to use as a reason for denying your claim. It is often best to review a medical release with a professional before signing.

Negotiating your settlement

Once the insurance adjuster has their information, the negotiation process begins. Know that the insurance company’s goal is to minimize the amount they pay out to you, while yours is to maximize the amount.

Medical records are one of the strongest types of evidence to use in a negotiation. Organize and save all records showing a detailed account of your injuries, the care you received and the cost of treatment.

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