The Auto Accident Victim’s Essential Guide

Wednesday, 19 August 2009 18:32

First Step is to Report the Claim:

• Report the accident to your insurance company and get a claim number; you will need this for your No-Fault medical benefits.
• Make sure the accident is reported to the at-fault party’s insurer. Briefly describe the facts of how the accident occurred, but do not discuss your medical condition or treatment with them. Your attorney should be the person who communicates your medical information to them.
• Your insurer may require you to give them a statement under your policy terms. Advise your company that you are willing to give them a statement; however you would like your attorney to be present for that meeting.
• There is no requirement to give a statement to the other party’s insurance company, therefore do not give a recorded statement to the other party’s company until you speak with your attorney.

Repair or Replacement of Your Car

Your Car Was Totaled:

• Research the value of your vehicle. Consult NADA, Edmunds, Kelly Blue Book, or call a dealer.
• Request the at-fault insurer to pay your total loss plus sales tax.
• If your at-fault insurer refuses to pay or the other party is uninsured, your insurer may pay if you purchase collision coverage, less any deductible.
• If they pay the loss, your insurer should seek your deductible from the other party’s insurance carrier; however it should take months before you receive it. Make sure your company is pursuing the recovery of your deductible.
• Remember, you are entitled to be paid the fair market value of your car at the time of its loss, not what it was worth to you and not its replacement value.

Your Car Needs Repair:

• It generally will be repaired if costs are less than 85% of the value of the car.
• Look at the at-fault party’s insurer first; your insurer may pay if necessary, provided you have collision coverage.
• Be proactive, get the adjuster to get you an estimate and authorize repairs. You can use any repair shop of your choice, BUT if you use a shop that the insurance company has a special relationship with, they can help you if unusual delays or problems occur in the repair process.
• Supplemental repair expenses are common.
• You have the rights to new parts if the at-fault party’s insurer is paying.
• If your carrier is paying, your policy language will dictate parts to be used.

Rental Car:

• If your car is a total loss: the insurer for the at-fault party will pay for a rental vehicle. Once they tell you what they will pay, you have limited time to get a replacement vehicle. Make sure you understand how many days they will pay for a rental.
• If your insurer is paying for the total loss, they will only pay a rental car if your policy has rental coverage.
• If your car isn’t a total loss and is being repaired by the at-fault party’s insurer: they will pay for a reasonable period of time for its repair.
• Loss of use: If the at-fault party’s insurer is paying your repairs and you do not get a rental vehicle, you may be entitled to be paid for the loss of the use of your car, usually a comparable rental value.

Florida No-Fault

Medical Treatment:

• No-Fault is not fault based. It pays your medical bills even though the other person caused the accident.
• Every car is required to have $10,000 in benefits per person.
• It pays 80% of covered expenses (subject to any deductible and the fee schedule).
• You go to the hospital, doctor, chiropractor or other medical provider of your choice, no pre-approval required. Give them the claim number you obtained from your insurer for them to bill.
• If you own a car insured with No-Fault, your policy will be primary and will pay your bills even if you are a passenger in a friend’s car or are hurt as a pedestrian.

Lost Wages

No-Fault also pays 60% of your average weekly wage if you are unable to work. Remember, both medical expenses and lost wages will be taken from No-Fault coverage (typically a $10,000 limit). If you will be out of work for an extended period of time, it is possible to set-aside a part of the $10,000 specifically to pay your wages while you are out of work, assuming that there are No-Faults benefits remaining.

Death Benefit:

In the most serious situations, No-Fault will pay $5,000 as a death benefit.

A more detailed description of No-Fault and how it is applied in Florida are available on our website in the Library under Florida Car Accidents & Truck Collisions.