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Personal Injury FAQ

I was involved in an automobile accident. Who will authorize and/or pay for my medical care?

Answer:  Under Florida law you are required to maintain Personal Injury Protection (PIP) as part of your automobile insurance.   Your PIP coverage will pay for your medical expenses up to your policy limits subject to your deductible or copayments.

Am I entitled to select my own physician to treat me for my injuries?

Answer:  Yes.  You can select your own treating physicians who will bill your auto insurance carrier under PIP.

How long after my accident do I have to file a claim against the at fault party?

Answer:  In Florida the statute of limitations is four (4) years for automobile accidents.

The at fault party does not have insurance or has low policy limits. Do I have any other options?

Answer:  If you purchased uninsured/underinsured coverage as part of your automobile insurance, or the vehicle you were in had this coverage, you may be able to recover through this coverage.  The statute of limitations to file an uninsured/underinsured claim is five (5) years.

My insurance company is asking for a recorded statement. Should I give a recorded statement? 

Answer:  Under your policy you may be required to give a recorded statement.  If you have already hired an attorney or plan to hire an attorney, you should advise the adjuster of this and consult with your attorney before providing the recorded statement.

Do I have to give a recorded statement to the other party’s insurance company?

Answer:  There is no requirement to give a recorded statement to the other driver’s insurance company.  You should consult with your attorney regarding any requests for a statement.

When I go to the doctor, should I provide him/her with information concerning any prior accidents or injuries I have?

Answer:  Yes.  It is very important that you provide an accurate history to any physician you see.  If you do not remember or are not certain, tell the doctor that you do not remember.

My car was towed from the accident scene. What should I do?

Answer:  You should try to retrieve your car from the tow yard as soon as possible to avoid incurring excessive storage fees.  The insurance company will likely reimburse you for storage fees, but may not if you did not take action to minimize these costs.

Should I take any pictures of the accident scene or car before it is repaired?

Answer:  If possible take pictures of the accident scene in order to preserve this in the event that liability is at issue later.  Also, if possible take pictures of the damage to your vehicle before it is repaired in order to establish the extent of damage in the event the extent of your injuries is questioned.

If I hire your firm, do I have to pay a retainer or attorney’s fees or costs along the way?

Answer:  No.  My office does not require any sort of monetary retainer, and any attorney’s fees and costs are paid from the settlement proceeds.