Navigating a car wreck in Florida can be an overwhelming and legally complex process. Because Florida is a no-fault state, your own car insurance pays the initial $10,000 of your medical bills and lost wages through Personal Injury Protection (PIP). However, achieving justice for serious, permanent injuries requires going after the at-fault driver’s insurance or your own Uninsured Motorist coverage. Insurance companies are for-profit businesses whose main goal is to minimize payout for car accidents, making it incredibly dangerous to navigate an injury claim without legal representation. Zarzaur Law, led by Board Certified Civil Trial Specialist Joe Zarzaur, handles all types of complex vehicle accident claims.
Watch the videos below to learn about everything from handling a hit-and-run “phantom” driver to understanding passenger rights and the importance of commercial coverage for rideshare drivers in Florida’s no-fault system. If you need an experienced Pensacola car accident attorney who is “Not your Average Joe,” contact the firm 24/7 at (855) Hire Joe.
How Bad Does Your Car Accident Have To Be To Hire A Lawyer?
You should always err on the side of caution and consult a lawyer for free after an accident. If your car is totaled, you are hurting, and you are over 25, there is a high likelihood you have sustained a permanent disc injury. If you experience any symptoms at all, you must seek medical attention within the first 14 days, or you risk losing your ability to negotiate a settlement. If a full month passes and you have absolutely no symptoms, you likely do not need a personal injury lawyer, but a firm can still offer free advice on how to handle your “diminished value” property damage claim.
Doctor or Chiro After A Car Accident?
After being discharged from the ER after an auto accident, it is crucial to follow up with a Medical Doctor (MD) or osteopathic physician rather than relying exclusively on a chiropractor. Chiropractors can sometimes overtreat symptoms without diagnosing the actual underlying medical condition. Since your PIP limits you to $10,000 for early medical treatment, you should use that money wisely by having a medical physician find the root cause of your pain. Furthermore, if your case goes to trial, testimony from a medical doctor carries significantly more weight with the insurance company and the jury than a chiropractor alone.
Should You Use Health Insurance After a Car Wreck?
Because Florida is a no-fault state, your auto insurance’s PIP coverage is legally required to pay the first 80% of your initial medical bills up to $10,000. Once that $10,000 is exhausted, you absolutely should allow your health insurance to cover the remaining bills while your legal case is pending. Using your health insurance ensures you get the benefit of lower, negotiated rates for your medical care, rather than paying the full “sticker price”.
WARNING! What Insurance Adjusters Will Tell You After A Car Accident
Insurance adjusters are trained to keep the company’s money, and their interests contradict your right to fair compensation. They will use misleading tactics, such as telling you that hiring a lawyer will cause needless delays or that a lawyer is too expensive. They might also encourage a quick settlement by claiming your PIP will cover everything, which is false considering a single MRI can cost $3,000.. Adjusters have no ethical obligation to tell you the truth.
Why You Should Never Talk To Insurance Companies After a Car Wreck
You should never speak directly to an insurance adjuster about your injuries, as they will use any vulnerability against you. For example, an adjuster once tried to strong-arm a recent kidney transplant patient into accepting a meager $2,000 settlement simply to save the company money, completely ignoring the severe medical risks involved in the crash. Let your lawyer handle all communications.
The Worst Thing You Can Do To Ruin Your Car Accident Injury Case
The absolute worst thing you can do is attempt to handle a serious wreck on your own and accept a fast settlement. Many accident victims underestimate the severity of hidden disc injuries, which can require hundreds of thousands of dollars in lifelong treatment. Once you sign a release for a small, initial payout, your claim is gone forever, even if you later require multiple surgeries
What Does It Mean To Have “Full Coverage” Auto Insurance In Florida?
Many people wrongly assume that buying the required minimum Florida car insurance means they have “full coverage”. Florida law only requires $10,000 in PIP and $10,000 in property damage liability; it does not require drivers to carry a single dollar of bodily injury coverage for the harm they cause others. True full coverage means you have purchased every protection offered by the company, the most vital of which is Uninsured Motorist (UM) coverage.
Do Not Reject Uninsured Motorist Coverage And Here Is Why!
Because Florida drivers can legally operate a vehicle without bodily injury liability, there is a high chance the person who hits you will have zero coverage for your injuries. If an irresponsible driver paralyzes you but carries no bodily injury coverage, you will get zero compensation unless you have purchased Uninsured Motorist (UM) coverage. It is the most critical protection you can buy, and you should never reject it.
What Happens If You Are In A Wreck And Don’t Have Full Coverage?
If you are severely injured by a driver with state-minimum coverage ($10,000) and you failed to purchase UM coverage, you are out of luck. You will be forced to accept a meager $10,000 for a permanent, life-altering injury because there is no other source of financial recovery. Check your policy immediately to ensure you have not rejected UM coverage.
Injured Passenger Rights In Florida Car Accidents
If you are injured as a passenger, you have the right to pursue compensation from multiple insurance policies. Depending on who caused the crash, you can make a claim against the at-fault driver’s insurance (even if they were the friend driving your vehicle), your own household’s UM coverage, and the vehicle owner’s UM coverage.
Phantom Car Accident: What Do I Do?
If you are involved in a hit-and-run crash and the at-fault driver flees the scene before you can get their license plate, you have been hit by a “phantom vehicle”. In this scenario, your only avenue for financial compensation is turning to your own Uninsured Motorist coverage, which is specifically designed to protect you against unidentified phantom drivers.
What Happens If The Driver That Hit You Dies In The Car Wreck?
If a collision results in a fatality—even if it is the at-fault driver who dies—law enforcement will launch a traffic homicide investigation. In these situations, everyone involved is considered a suspect until the evidence proves otherwise. Because you face potential criminal and civil liability during this investigation, it is vital to consult a lawyer immediately to protect your rights.
Distracted Pedestrians: Who’s At Fault In Accidents?
Pedestrians using a crosswalk with the right of way are generally protected under the law. However, Florida law requires that if a victim is found to be 50% or more responsible for an accident, they receive zero compensation. Insurance companies will aggressively try to blame you, arguing that you were distracted by looking at your phone. To protect your rights, always use marked crosswalks.
Uber and Door Dash Drivers – Additional Automobile Coverage
If you drive for rideshare or delivery services like Uber or DoorDash, your personal auto insurance will not cover you if you crash while working. Once you use your car for a commercial purpose, insurance companies have the right to deny your claim and cancel your policy if you haven’t paid the additional premium for commercial use. You must disclose your gig work to your insurer and pay the extra fee, or you risk having zero coverage for your injuries and vehicle.
Why Primary Care Doctors Refuse Car Wreck Patients
Many victims are shocked to find that their lifelong primary care doctor will refuse to treat them after a car wreck. This is often because the doctor or their employer does not want to deal with billing car insurance (which pays 80% of the bill) instead of health insurance, or they want to avoid involvement in legal cases. Because primary care physicians are typically generalists, they are also less qualified to testify as specialists in court. You will likely need a referral to an orthopedic or neurological specialist.
Delayed Symptoms After A Car Accident
The number one permanent injury resulting from a car wreck is a disc injury to the back or neck, which is almost never diagnosed in the emergency room. The ER’s primary function is simply to rule out immediate, life-threatening injuries; once they ensure you won’t die or lose a limb, you will likely be discharged. Serious disc injuries and rotator cuff tears account for about 90% of car wreck permanent injuries handled by the firm and can only be detected later through an MRI. Do not decide against calling a lawyer just because an ER doctor said you “looked fine”.