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Auto and motorcycle accidents are an unfortunate reality for too many people. These situations can be very trying; adding to the confusion and frustration are all of the details following an accident. What if the person you were involved with in the accident does not have auto insurance? What about all of the repairs that need to be made to your vehicle? Who will pay for these things? What if you had the misfortune of getting hurt? How are the medical bills paid? There are remedies and procedures to follow to ensure that your rights are protected. Following are some general things to consider if you have been in an auto accident.

When it comes to auto and motorcycle accidents, the legal standard in considering a lawsuit is the failure of an individual to use reasonable care. Scenarios for which this may occur are when a driver strikes another driver, a driver strikes a pedestrian, or a driver strikes the passenger in another car.

Oftentimes, the law will also consider whether or not the automobiles or motorcycles involved in the accident are at fault because they were not properly maintained or have a product defect. An example of a defective product would be the tire blowouts that took place on sport utility vehicles (SUVs) a couple of years ago. There is also the situation of an accident involving a drunk driver. The person who served the drunk driver may be found partially responsible for continuing to serve someone who is obviously drunk and at risk for harming someone. These scenarios are only examples and a brief look at the law. To determine the best strategy for you and/or your loved ones, our attorneys will examine the details of your particular situation to give you the best advice.

Our firm receives many inquiries regarding automobile and motorcycle accidents, the following are a few basic measures to ensure that your rights are protected.

"What should I do if I am involved in an accident?"

First of all, you should file an accident report. You are required by Florida state law to file an accident report if an accident has resulted in personal injury, death or property damage exceeding $200. Filing a report may need to take place immediately or within 30 days of the accident depending upon the extent of the damage. Also, understand that in some states you must stay at the scene of the accident when reporting what's happened.

"I have auto insurance so why won't the insurance company take care of all of the expenditures?"

When you purchase auto insurance, there are several elements involved. You should have PIP (Personal Injury Protection) or no-fault, medical payment benefits and uninsured/underinsured coverage. PIP should cover expenditures whether or not the person seeking recovery is at fault. If this is not enough for all expenditures then the medical payment benefits will hopefully cover the shortfall. However, in a catastrophic accident with a large amount of expenses, the uninsured/underinsured coverage can be critical. Oftentimes, when purchasing insurance, consumers are not aware of this part of the coverage. If you should be involved in an accident with an individual who does not have any or insufficient insurance coverage, you need the uninsured/underinsured coverage to truly have what is termed "full coverage." This assures you the best possible coverage under any scenario.

"Does this have something to do with my insurance company getting involved even if I am not at fault?"

Yes, the first portion of the coverage, PIP, is invoked with your insurance company to cover auto accident-related expenses. The Florida state legislature created laws that designated the PIP coverage to pay 80 percent of a person's medical bills, 60 percent of the person's lost wages, or expenses up to $10,000, regardless of culpability.

"What determines what I might receive for my case?"

There are five factors in determining the worth of your case: past medical bills, future medical bills, past lost wages, loss of earning capacity in the future, and pain and suffering. However, this must all be considered when determining who was at fault and whether or not your injuries suffered can be specifically related to the accident or is a reoccurrence as a result of an earlier injury. It is difficult to give an exact dollar figure to your case until all of the facts are reviewed and considered. However, an initial review could provide an estimate based on what you tell us about your case.

"What would it cost me to pursue my case?"

If the case settles before filing a suit and receipt of an answer, our firm would receive a fee of 33 1/3%. If the case should proceed from presuit to trial and you win your day in court or the case settles, then our firm would receive a fee of 40%, a percentage determined by the Florida Bar, of the total of your award. If you are unable to recover any financial award, we do not collect a fee.

"Why does a case go to trial?"

Insurance companies are very aggressive when it comes to holding down their expenses. Therefore, they will try to make it more difficult for an individual to receive payouts by litigating the case. Litigation could result in going to court, although sometimes the insurer will wind up settling the case before getting to court. It is a method of dragging out the process and making things more difficult for the plaintiff.

"What are maximum medical improvement (MMI) and a permanent impairment rating?"

These are terms used by the insurance industry. When you are involved in an accident and suffer injuries, you may need treatment to help you recover. However, sometimes the treatment may not help you fully recover. In this case, the insurance company wants to know, after receiving maximum medical improvement, what is the permanent impairment rating as determined by your physician? When determining this rating, the physician is required to use guidelines established by the American Medical Association. Essentially, the impairment rating is a basis for evaluation by the insurance company.

"How do I pay for my treatments while awaiting any financial recovery?"

In the event that the insurance coverage is fully extended or the other motorist is uninsured, a physician could authorize a "letter of protection." Given the medical facility or treating physician accepts it, this allows you to continue receiving treatment until you receive a recovery. Their bills will then be paid out of the amount you receive upon resolving your case.

"Why do I have to pay a deductible when I have insurance coverage?"

When you purchase your insurance, the agent will ask you what amount of a deductible you want. The amount of the deductible affects the overall cost of your insurance. Therefore, to keep the cost of your insurance down, you may have selected a higher deductible. So, when you are in an accident, you must first pay the deductible prior to receiving insurance proceeds for any costs exceeding the amount of the deductible. At the time of the insurance purchase, a higher deductible may not seem so bad with the reduction of the overall cost of the insurance policy. However, in the event of an accident, those initial savings will result in your paying a higher amount to cover costs associated with the accident.

"How long will it take to conclude my case?"

This can vary depending on what's involved with your case. Typically an auto accident case can take from four to eight months to resolve. There are those instances, however, where a case may take longer while ongoing medical treatment is needed to determine the full extent of the client's injuries and needs for recovery. It is important to know a client's needs regarding future medical treatment prior to determining financial recovery so that the client's needs for future rehabilitation are met.