People have been getting injured in moving vehicles accidents since the invention of the wheel. There is hardly a day that goes by that your local news does not highlight a car accident. But what you think you know about car accidents and the insurance claim process may not be completely accurate.
At Weinstein & Cohen, our skilled accident attorneys offer a combined 75 years of personal injury law experience helping accident victims obtain proper medical care and compensation.
While most Naples or South Florida residents know they can file an accident claim if they have sustained injuries in an accident, there are still a lot of misconceptions about auto accident injury lawsuits. We hear a lot of talk about car accidents and what to do about them – some true, but many completely false. Below is a list of the Top 5 Car Accident Myths that we routinely come across.
1. You don’t need to call the police. If you have been physically hurt or if there is any material damage to your vehicle, you should absolutely call the police. In Florida, the law requires you to call the police if there was an injury or death or if the apparent damage was at least $500. Just remember that the police report does not determine fault. The police only determine the facts and not the law. A judge and jury determine who is at fault.
2. You must provide a statement to the insurance company. You do not have to provide a statement to the other driver’s insurance company. Actually, giving a statement to an insurance company is rarely in your best interest. Typically, insurance companies are looking to lock you into a certain narrative in order to potentially use it against you later. Remember, insurance companies lose money by paying out claims. Normally, you only need to report to your insurance carrier that an accident happened and provide the when and where.
3. Even if you’re partly at fault, then you can’t file a claim. Florida is a “comparative negligence” state, which means that you may be entitled to a recovery even if you are partly to blame. You must, however, be less than 50 percent at fault to win your case. Just bear in mind that if a jury awards an amount in your recovery, it is reduced by the percentage you are at fault.
4. Your insurance rates will go up if you file a claim. Your insurance rates will not go up just because you file a claim with your insurance company. In fact, Florida law prevents an insurance company from cancelling your policy, refusing to renew your policy or raising your rates if you filed a claim and you are not at fault.
5. If you think you’re uninjured, you can’t file a lawsuit later. Many injuries can take hours, days or weeks to manifest themselves. Just because you told the police officer on the scene you did not need an ambulance that does not prevent you from making an injury claim.
These are just some of the common myths our accident attorneys at Weinstein & Cohen hear on a regular basis. We are experts in car accident cases. If you’re hurt in a car accident, leave it to legal experts to ensure your case is handled properly.
A Naples or Miami personal injury attorney will put your priorities first. If you or someone you care about has been injured or involved in a car accident across South Florida and Southwest Florida, contact the accident lawyers and personal injury attorneys at Weinstein & Cohen at 239-793-3331 or 305-374-1011, or visit fairnessforall, for an absolutely free and confidential legal consultation to learn more about your options.