Top 5 Mistakes That Could Ruin Your Car Accident Case in Florida (And How to Avoid Them)
Being injured in a car accident is stressful enough, but in Florida, a state with unique auto insurance laws, your actions after the accident can significantly impact your ability to receive fair compensation. Avoiding common mistakes is crucial to protect your rights under Florida law.
Here are the top five mistakes people make after a car accident in Florida that could hurt their case and how to avoid them.
Not Calling the Police
In Florida, it is legally required to report any car accident that results in injury or significant property damage. Failing to do so not only violates the law but also means there is no official record of the incident, making it easier for the other driver or their insurance company to dispute your claim.
What to Do:
- Always call 911 immediately after an accident, regardless of the severity.
- Ensure the responding officer files a detailed report, and obtain a copy for your records.
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Admitting Fault (Even Accidentally)
Florida follows a comparative negligence system, meaning your compensation can be reduced by your percentage of fault. Admitting fault, even inadvertently, can significantly impact your ability to recover damages.
What to Do:
- Avoid making statements that could be interpreted as admitting fault, such as saying, “I’m sorry.”
- Provide factual information to law enforcement and your insurance company without speculating on fault.
Delaying Medical Treatment
Florida’s Personal Injury Protection (PIP) insurance requires that you seek medical treatment within 14 days of the accident to be eligible for PIP benefits. Delaying treatment can jeopardize your ability to claim these benefits and may allow insurers to argue that your injuries are not serious or are unrelated to the accident.
What to Do:
- Seek medical attention as soon as possible, even if you feel fine, to document any injuries.
- Follow all medical advice and attend follow-up appointments to ensure proper recovery and documentation.
Talking to the Insurance Company Without a Lawyer
Insurance adjusters may seem helpful, but their goal is to minimize payouts. In Florida, anything you say to an insurance adjuster can be used to reduce or deny your claim.
What to Do:
- Consult with a personal injury attorney before speaking with insurance companies.
- Let your attorney handle communications to protect your interests.
Accepting a Quick Settlement
Accepting a quick settlement may seem appealing, but it often does not account for ongoing medical expenses, lost wages, or pain and suffering. In Florida, once you accept a settlement, you typically cannot pursue additional compensation later.
What to Do:
- Avoid signing any settlement agreements without legal counsel.
- Have an attorney evaluate the full extent of your damages to negotiate a fair settlement.
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Avoid These Mistakes and Protect Your Case
Navigating the aftermath of a car accident in Florida requires understanding the state’s specific laws and regulations. Avoiding these common mistakes and consulting with an experienced personal injury attorney can significantly enhance your chances of receiving fair compensation.
Injured in a car accident in Florida? Contact Bogin, Munns & Munns today for a free consultation. We will handle the legal complexities so you can focus on recovery.
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