Why Car Accident Claims In Florida Are Becoming More Difficult For Injured Drivers
Every day, car accidents occur on Florida roads. The real challenge for many car accident victims, especially the driver, comes later. The new and more aggressive approach to handling car accident claims alongside Florida’s unique insurance laws, are making it more difficult for accident victims to receive full compensation, especially if the driver of the other car is at fault for the accident. It is, therefore, very important to understand Florida’s system, especially if you recently been in a car accident.
Florida’s no-fault insurance system limits early recovery
Florida has a no-fault insurance system. This means that after a car accident, the driver has to seek compensation from their own insurance company for medical expenses. This insurance is called Personal Injury Protection (PIP). However, the insurance does not provide sufficient support for victims after an accident.
The amount of insurance paid out for the accident is only a fraction of the total medical expenses you’re likely to incur. Moreover, the insurance company also has the right to decide if the injury is an emergency medical condition. This decision affects the amount of insurance paid out to the victim.
Breaking out of no-fault is not automatic
For a claimant to pursue a claim against the at-fault driver in Florida, they must satisfy Florida’s serious injury standard. This requires them to prove that they suffered permanent injury, significant scarring, disfigurement, or the loss of normal body function.
Many insurance companies are skeptical about whether a claimant has met Florida’s serious injury standard, even in cases where they have suffered ongoing pain and surgery. As a result, many Florida car accident cases are disputed well before a fair settlement offer is made.
Insurance companies are increasingly aggressive
Recently, auto insurance companies in Florida have become more aggressive in handling injury claims. Some of the strategies they use include delays in investigating the claim, doubting the need for medical treatment, and providing low settlement awards during the early stages of the claim, before the full extent of the plaintiff’s injuries is understood.
Some insurance companies also try to deflect blame for the accident onto the injured party, even in rear-end collisions where liability is obvious.
Evidence and medical documentation matter more than ever
Since insurance companies investigate every aspect of a claim, it is important to seek early medical care. Otherwise, the insurance company might argue that the injuries sustained were minor or unrelated to the accident.
Police reports, photographs, witness statements, car damage, and consistent medical reports are all important in building a strong case after a Florida car accident.
What injured Florida drivers should do
After a car accident, an injured driver should seek medical care right away, follow any recommended treatment plans, and be careful about dealing with an insurance adjuster. Giving a recorded statement and seeking a quick settlement can actually be against your best interests.
Talk to a Jacksonville, FL, Car Accident Lawyer Today
Gillette Law represents the interests of injured drivers in traffic accident lawsuits. Call our Jacksonville personal injury lawyers today to schedule an appointment, and we can begin investigating your case today.
