What to do when you get into a car accident

After you are involved in a car accident, always call the police and make sure they come out to the accident scene and write a report.  This is extremely important for documenting the accident and for insurance purposes.  Second, get the medical attention you need including going to the emergency room at a hospital, seeking out medical attention from a chiropractor or seeing your primary care physician.  Under Florida’s new Personal Injury Protection (PIP) laws enacted in 2013, a person injured in a car accident must seek medical attention within fourteen (14) days of that accident or they may lose important PIP/No-Fault benefits that they pay for under their car insurance policies.  When you see a licensed chiropractor or medical physician make sure you fully advise them of all your injuries so you can get the medical treatment and attention you need.  Third, contact a qualified, competent attorney who can advise you properly of your rights.  Seeking out qualified legal representation is extremely important in motor vehicle accident cases.      

What the new PIP Law means to you

On January 1, 2013, new Personal Injury Protection (PIP) laws were enacted in the state of Florida.  Those laws changed the rights of persons who were involved in motor vehicle accidents in the state of Florida.  Although pain from bodily injuries caused by negligent, at-fault drivers may not set in for days, weeks or months, if you have been involved in a motor vehicle accident in the state of Florida you now must seek medical attention within fourteen (14) days from the date of the accident.  If you do not seek medical attention within such timeframe, you will not be afforded PIP/No-Fault benefits which can reimburse you for your lost wages or pay for your medical treatment to treat your bodily injuries incurred as a result of the negligence of the at-fault driver.  Additionally, under the new PIP laws, a car insurance company can now decide not to afford an injured victim in a car accident their full $10,000 of PIP/No-Fault Benefits if the insurance company does not feel such that your injuries warrant an “Emergency Medical Condition”.  So although, you the consumer, pay your car insurance company premiums for the full amount of $10,000 in PIP benefits, you may only be able to use $2,500 in PIP benefits your car insurance company determines your injuries do not constitute an Emergency Medical Condition (as defined in Florida Statutes Chapter 627).    

Why Uninsured Motorist Coverage is worth the extra premium

When purchasing car insurance in the state of Florida, one should always purchase Uninsured Motorist Coverage, also known as UM.  Uninsured Motorist coverage comes into play when a person is involved in a car accident and hit by an uninsured motorist.  The at-fault driver who caused the accident could either be driving with no car insurance at all or could be driving with state mandated minimum coverage (which unfortunately only mandates PIP/No-Fault coverage and Property Damage coverage, but does not mandate Bodily Injury coverage).  Either way, the at-fault party who is liable for damages as a result of the bodily injuries he or she caused as a result of the motor vehicle collision is not driving with or carrying Bodily Injury (BI) Coverage.  As a result, an injured party cannot be compensated by the at-fault party’s insurance since the at-fault party was not driving with any BI coverage.  However, if an injured party purchased UM, essentially that injured person can make a claim against his or her own insurance company to compensate himself or herself for bodily injuries suffered as a result of the motor vehicle collision.  UM coverage essentially steps into the shoes and becomes the bodily injury coverage through which to compensate injured parties who were not liable and not at-fault for the accident.  Additionally, it is important to note that UM coverage, if elected, can either be purchased as stacked or non-stacked Uninsured Motorist coverage.  If a person elects non-stacked coverage (which is a lower premium amount), then his or her uninsured motorist coverage is equal to the amount purchased no matter how many vehicles are listed on the car insurance policy.  If you purchase stacked Uninsured Motorist coverage, then your UM coverage is multiplied by the number of vehicles listed on your car insurance policy.  For example, if a person purchased stacked Uninsured Motorist in the amount of $10,000/$20,000 (limits per person and per accident) and has three (3) vehicles listed on his car insurance policy, then his UM coverage becomes $30,000/$60,000 (limits per person and per accident).  As such, stacked Uninsured Motorist coverage can be a powerful multiplier for uninsured motorist coverage.  Any way you look at it, Uninsured Motorist coverage should be purchased by all drivers who can afford the extra premium.