Had a car accident yesterday. What should I do?

Asked over 1 year ago - Miami, FL

Another vehicle hit me in the back while I waited on a red light. The back of my car is destroyed. I have some pain in my back. However, if I file a claim for medical attention,
it will be against my own PIP ? Does that means that my insurance will raise my premium later? The accident was not my fault, and I did not get the ticket. It was the other driver. Please help.

Attorney answers (11)

  1. Rafael Angel Gonzalez-Farina

    Contributor Level 4

    13

    Lawyers agree

    Answered . Florida law requires your PIP carrier to pay certain benefits including medical costs. A carrier can not raise your rate based on a PIP claim alone when the accident was not your fault.

    Contact a local injury attorney to properly document your case and protect your rights, ASAP.

  2. Jeffrey Mark Adams

    Contributor Level 20

    12

    Lawyers agree

    Answered . Get thy self appropriate medical attention and follow-up with a local and qualified personal injury litigation attorney. Ask those you trust and respect, call your state's trial lawyers association or search Avvo; but don't go at it alone, if at all possible. Also, do not speak with the other companies insurance company. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  3. Jeffrey Alan Adelman

    Contributor Level 12

    10

    Lawyers agree

    Answered . Correct. Florida is a "no-fault" state and your initial medical treatment is paid for by your own automobile insurance company. It is also illegal for your insurance company to cancel your policy or raise your premium under the circumstances you are describing.
    Florida Statute 626.9541(o)3.a. specifically states: (o)Illegal dealings in premiums; excess or reduced charges for insurance.—
    3.a.Imposing or requesting an additional premium for a policy of motor vehicle liability, personal injury protection, medical payment, or collision insurance or any combination thereof or refusing to renew the policy solely because the insured was involved in a motor vehicle accident unless the insurer’s file contains information from which the insurer in good faith determines that the insured was substantially at fault in the accident.

    My advice to you is to speak with a South Florida personal injury attorney immediately, and if you have not received medical treatment, do so immediately so your symptoms don't get worse. We have offices in Miami-Dade, Broward, and Palm Beach. Please feel free to contact me if you have any other questions at 877-TRIALS2 or 954-341-2777 x205.

    -Jeff

  4. Jeffrey Scott Altman

    Contributor Level 9

    8

    Lawyers agree

    Answered . These are very important questions that you should discuss with a Miami Personal Injury Lawyer in person. A good personal injury attorney will provide a free consultation and advise of your rights and what you are required to do.

    DISCLAIMER - Any information provided is not legal advice. There is no attorney client relationship created in... more
  5. David J. McCormick

    Contributor Level 20

    8

    Lawyers agree

    Answered . You need to meet with a local personal injury ASAP. Also, do not give the other insurance company a recorded statement.

    Good luck

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  6. Julie S Luhrsen

    Contributor Level 14

    6

    Lawyers agree

    Answered . Your available PIP benefits to pay for medical care can be limited under current florida law if you wait longer than 14 days to get medical care so this is another reason not to delay! Otherwise speak to a pi attorney about your case -- most all offer free initial consultations. Finally, don't speak to the insurance company for the other driver until after you meet with an attorney. Good luck.

  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Don't try to resolve this yourself. Get a local personal injury lawyer so you can get maximum compensation.

  8. Ian Matthew Thomas

    Contributor Level 7

    5

    Lawyers agree

    Answered . Seek medical care if you have not already and seek out a qualified personal injury attorney in your area. PIP coverage is designed to help you pay for medical expenses after a car accident. A personal injury lawyer can help you set-up your PIP claim and then pursue the at-fault driver for possible additional damages. In the meantime, do not give statements to any insurance representatives and do not sign any insurance paperwork without consulting an attorney. Best of luck to you in your medical recovery.

    Ian M. Thomas, Esq. - Tripp Law Firm, P.A. - www.trippfirm.com The above answer should not be construed to... more
  9. Ty EG Hinnant

    Contributor Level 7

    3

    Lawyers agree

    Answered . Contact a Personal Injury Attorney.

  10. Matthew Phillip Konecky

    Contributor Level 15

    3

    Lawyers agree

    Answered . I agree with Mr. Adelman. PIP will pay for your own injuries up to $10,000.00 it is the law. It doesn't necessarily mean your premiums will go up. You need to get treatment for your injuries and to speak with a personal injury attorney in South Florida. Review my website to see if it answers question you may have.

  11. Lars A. Lundeen

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Florida's PIP laws have recently changed. You need to speak with a knowledgeable personal injury attorney as soon as possible to make sure you do not limit your own PIP coverage by failure to follow the new statutory requirements.

    You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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