At the Martin Law Firm, P.L. in Southwest Florida, we handle all types of auto accident and personal injury claims.
 

We can help you with the following:

• Car accident
• Truck accident
• Motorcycle accident
• Drunk driving accident
• Bus accident
• Wrongful death

For more information on Florida auto accident and personal injury laws, or to speak with an attorney about your potential claim, please contact us at 239-443-1094. With offices conveniently located in Fort Myers, North Fort Myers, Cape Coral and Naples, we are here to review and consider Southwest Florida auto accidents and other injury or death claims.

Frequently Asked Auto Accident Questions

 

I’ve just been in an accident and the other driver was at fault.  At first I did not think I was injured so I did not go to the hospital.  When I woke this morning, I could hardly get out of bed.  Have I hurt my claim? What should I do?

Obviously, anytime someone is involved in an accident, they should seek immediate medical care.  However, often times a person does not realize that they are injured until the next day or even several days or weeks later.  While we recommend that our clients contact our firm within 24 hours of the accident, we have successfully represented clients who did not realize they were injured until long after the incident.  Unfortunately, a long delay in seeking medical attention can affect the amount of your damages and thereby a recovery.

 

Why do I need a lawyer to represent me?  Why can’t I deal directly with the insurance company?

Unless you are an insurance adjuster or a personal injury attorney, chances are you are at a disadvantage when dealing with the at fault party’s insurance company.  They know the law and you do not.  A personal injury attorney can guide you through the intricacies of the Florida Motor Vehicle Insurance law.   Your attorney will minimize your worry and maximize your recovery.

 

The insurance company wants me to give a recorded statement.  What should I do?

A distinction should be made between your insurance company and the at fault party’s insurance company.  Your contract with your insurance company requires that you report the accident within 24 hours.  We recommend that the first two telephone calls should be to your attorney and your insurance company.  Your attorney can assist you in reporting the accident to your carrier.   Never, however, give a recorded statement to the at fault party’s carrier without the advice of your attorney.

 

My car was damaged in the accident, who is responsible for the repairs?

One of the two required motor vehicle insurance coverages required in Florida is $10,000.00 in property damage.   In Florida in order to obtain a vehicle registration the owner must provide proof of $10,000.00 in property damage coverage.  If your automobile has been damaged by another’s negligence, you are entitled to make a claim against their property damage insurance.  Your attorney will assist you in arranging to have your auto’s repair properly performed. 

 

What if my car was totaled in the accident?

Often times the cost of repair to your vehicle is more than its value.  In this instance, your attorney will deal directly with the at fault party’s carrier to ensure that you receive the true replacement value of you car not the blue book value.

 

Should I take pictures of my car’s damage?

Yes.  In most instances by the time a demand is made upon the at fault parties’ insurance carrier, either the damage to your vehicle has been repaired or it has been towed to a salvage yard.  Photographs of the damage to your vehicle assist us in correlating the physical injuries you have received to the damage from the collision.  As almost every cell phone has a camera built in, we recommend that you take photos of the damage to your car as well as the at fault party’s car.  If you are unable to take photos at the scene, they should be taken as soon as possible.  As they say, “a picture tells a thousand words.”  Be sure and give the photos to your attorney.

 

I was injured who will pay for my doctor bills?

Florida is a no fault state.  This means that regardless of who is at fault for the accident, your motor vehicle insurance will pay for your medical care.  This is called Personal Injury Protection or PIP.  In addition to property damage coverage, $10,000.00 in PIP insurance is required in order to obtain a vehicle registration in Florida.  There are several variations of PIP coverage available. Your attorney will review your policy to ascertain exactly how much PIP your policy provides.  Depending on the coverage provided by your PIP, medical bills will be paid by your insurance until it is expended.

 

What if I have medical bills in excess of my PIP coverage?  Who will pay those bills?

In order to make a demand on the at fault party’s insurance carrier, your attorney will include all of your excess medical bills as well as all of your other economic losses as part of the demand for settlement.   Also, your attorney can often obtain an agreement from your physician to continue providing treatment and await payment from any settlement or jury verdict you may receive.

 

I can’t work.  How do I pay my bills?

In addition to paying your medical bills your PIP insurance can be used to pay for lost wages.  If your doctor removes you from work, your PIP will reimburse you at 60% of your lost wages.    It is important that you notify your attorney immediately in order that he can assist you in making the wage loss claim to your PIP carrier.  Once your PIP coverage has been expended, any unpaid portions of your lost wages would be included in your attorney’s demand for settlement with the at fault party’s insurance carrier.

 

I don’t own a car!  Who is going to pay my medical bills?

If you do not own a car and are injured in an accident you are entitled to PIP coverage from one of several sources.  First, if someone in your household owns a motor vehicle you maybe able to make a claim under their PIP coverage.  If coverage is not available there, you would fall under the PIP coverage for the vehicle you were traveling in at the time of the accident.   Finally, if you were not traveling in a vehicle with PIP coverage you can make a claim under the at fault party’s PIP coverage.  Your attorney’s knowledge and experience will help guide you to the proper PIP coverage in your claim.

 

 The car that hit me did not have insurance.  What can I do?

As stated previously, there are only two types of insurances required by the State of Florida  in order to register a motor vehicle.  They are $10,000.00 in property damage and $10,000.00 in personal injury protection.  Florida drivers are not required to maintain bodily injury insurance to pay for injuries caused by the driver’s negligence.  In many instances, the at fault party will either have no bodily injury coverage or minimum coverage that will not meet your damages.   This is why it is important to include uninsured (UM) or under insured motorist (UIM) insurance coverage in your motor vehicle policy.  If the at fault party does not have adequate bodily injury coverage to meet your damages, then you must look to your uninsured or under insured coverage to pay for your damages. Your attorney will review your insurance policy to ascertain what coverage.  Florida law requires that your motor vehicle insurance carrier offer you uninsured/under insured motor protection at the time the policy is written.   If your carrier fails to conform to the requirements of the law your attorney, in certain instances, can obtain UM or UIM coverage for you.

 

I can’t afford UM or UIM insurance.

By some estimates, 20% of motor vehicles on the road in Florida either have no or an insufficient amount of bodily injury insurance.  That means that in one in every five accidents the at fault party’s insurance will be unable to repay the other driver for all of his or her injuries.  With these statistics, you can’t afford not to have uninsured or under insured motorist protection.  The cost of the coverage is insignificant when compared to amount of damage you could be facing if involved with an uninsured or under insured driver.  We encourage all of our clients to purchase UM and UIM insurance.  If you would like to schedule a free insurance review appointment, contact our office.

 

I was at work when the auto accident occurred.  Who is responsible for my medical bills and lost wages?

If you were at work when the auto accident occurred, your employer’s workers’ compensation insurance would be the primary coverage for your medical bills and lost wages.  However, in addition to a workers’ compensation claim, you are entitled to pursue a motor vehicle negligence claim against the at fault party.  A knowledgeable attorney will guide you through both the workers’ compensation and motor vehicle negligence claims to ensure you receive all the benefits you are entitled to receive.

 

What will it cost me to meet with an attorney to review my case?

There is no charge to review your case.  If after the review you wish to retain our firm to represent you in your claim, we will do so under a contingency fee contract.  The contract will provide that our fees will be paid out of any settlement or jury verdict we obtain in your favor.  No recovery, no attorney’s fee. 

 

What is my case worth and how long will it take to recover?

These are often the first questions clients ask.  Unfortunately, we can not answer these questions during the initial attorney, client meeting.  The value of a claim depends on many factors.  What are the extent of your injuries?   Will you fully recover?  What are your medical bills?  What, if any, lost wages are there?  These and many other questions will require time to answer.  Your attorney will work in coordination with your health care providers and yourself to gather the answers to these questions.  At that point, he or she can properly evaluate and place a value on your claim.