Though there is no generally accepted definition for a “minor” car accident, hiring a lawyer is still wise under some circumstances. Specifically, you may need legal representation in Miami following some car accidents, even if they are otherwise “minor,” depending on the injuries you suffered and the insurer’s position on paying your claim.
Pursuing Financial Compensation After a Miami Car Accident
Florida’s no-fault insurance system is intended to provide a quick and easy way for injured accident victims to obtain compensation. Under the system, however, they lose the right to file claims directly against at-fault drivers and their insurers. Instead, in most cases, victims must file with their own insurers under their personal injury protection (PIP) coverage.
No-fault insurers are supposed to pay benefits quickly, as they do not need to investigate fault. In other words, every injured person, including the driver responsible for causing the crash, is entitled to seek PIP benefits.
Limitations of Florida’s No-Fault Insurance System
Be that as it may, the system has two important limitations: First, Florida law caps the compensation paid to the insured at $10,000. Given ever-increasing medical costs, that is a relatively paltry sum of benefits that will likely only cover the most minor injuries.
Second, out of concern about fraudulent no-fault claims, Florida’s legislature has made it so that insurers only pay 80% of a victim’s medical bills and 60% of their income losses under a PIP claim. In other words, you could pay a few thousand dollars out of pocket, even if the crash you were in was someone else’s fault.
Stepping Outside the No-Fault System
The good news, though, is that you can step outside of the state’s no-fault system in two situations. If your losses exceed your PIP policy limits, for instance, you can file a claim against the other driver’s liability policy for any unreimbursed economic losses, including your past and future medical expenses for surgery, treatment, medication, and therapy.
You can also file a claim against the other driver if you suffer a significant, permanent injury, such as the loss of a body part. In these cases, you can pursue compensation for your economic losses and pain and suffering.
When to Consult a Lawyer After a Minor Car Accident
With the above information in mind, it’s easy to ask, “Should I get a lawyer for a minor car accident?”
To answer that question, you’ll want to consider consulting a car accident lawyer in the following circumstances:
You Suffer an Injury
Defining a minor car accident isn’t necessarily straightforward, and it doesn’t help that the police use different terms depending on the circumstances of the wreck:
- Severe injury crashes cause disabling injuries, such as major fractures or unconsciousness.
- Minor injury crashes cause visible but non-disabling injuries, like abrasions or bruises.
- Possible injury crashes produce symptoms, like pain or dizziness, without creating a visible injury.
- Property damage-only collisions are crashes that cause no injuries.
This classification system might inadvertently downplay your losses. For example, a rear-end accident might get called a possible injury crash because you experience blurred vision and a headache. However, subsequent testing might reveal a concussion with symptoms that last months, and you might lose thousands in income while requiring expensive diagnostic tests.
Anytime you suffer an injury in a car accident, it’s best to consider speaking to a lawyer, as you may still require costly treatments that you should not need to pay for alone. Additionally, as your injury-related losses approach your PIP policy limits, the need to contact a lawyer increases significantly.
The Other Driver Blames You
Under Florida law, modified comparative negligence can be a defense against a fault-based claim. The opposing driver can assert that you played a role in causing your accident, thereby lowering their liability for your losses.
For example, suppose the other driver ran a stop sign and you T-boned their vehicle as you proceeded through an intersection. That accident is clearly the other driver’s fault, but they may assert that you were speeding and unable to brake in time to miss their car or lessen the impact.
In turn, a claims adjuster or jury can assign a share of the blame to you. If they find you 28% responsible for the accident, you might only receive compensation for 72% of your losses. A lawyer can help you defend against arguments like these using witness testimonies, video recordings, and professional analysis.
The Insurance Company Denied Your Claim
Insurance companies do not make money by paying claims, so they will use every reason possible to deny them and avoid paying for your losses.
These grounds for denial include the following:
- The driver’s policy was not in force.
- The driver was not on the policy.
- The crash did not cause your injuries.
- Your losses were not documented.
- The insured driver was not negligent.
A lawyer can review your claim denial and explain your options for responding to it.
The Other Driver Is Uninsured
Suppose you are in an accident where liability falls on the other driver, but they have no insurance. No-fault insurance addresses such a problem; you can receive up to $10,000 in benefits under your PIP coverage even if the other driver has no insurance.
However, once you exhaust these benefits, you cannot file an insurance claim against an uninsured driver. Instead, you have two other options. You can file a claim with your insurance company under your uninsured motorist coverage. To win, you must prove that the other driver was negligent, which a lawyer can help you with.
Alternatively, you can sue the uninsured driver. If you need to go to court, you will probably need a lawyer to prepare your case and represent you.
Contact Our Miami Car Accident Lawyers at Zayed Law Offices Personal Injury Attorneys After a Minor Wreck
A lawyer can help you even following what appears to be a “minor” car accident. And even if you do not need legal representation, a lawyer can provide advice about how to handle your claim.
For more information, please contact the experienced Miami personal injury lawyers at Zayed Law Offices Personal Injury Attorneys today. We offer free consultations.
We proudly serve Miami-Dade County and its surrounding areas:
Zayed Law Offices Personal Injury Attorneys
169 E Flagler St Suite 1639, Miami, FL 33131
Phone: (305) 916-6455
Hours: Open 24/7
Our firm is located near you. Find us with our GeoCoordinates: 25.7745507, -80.1906096
