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If you owned a motor vehicle at the time of the accident or you are a “named insured” in an auto policy, your medical expenses are paid by your auto insurance company under your policy’s Personal Injury Protection (“PIP”) coverage.  If you do not own a motor vehicle, PIP benefits are paid by the auto insurance company of the relatives that live with you.  If you do not live with any relatives who own a motor vehicle, PIP benefits are paid by the insurance company of the motor vehicle you were in at the time of the accident.  For more information on Florida’s PIP law, please see Florida Statute 627.736 

Florida Statute 626.9541(1)(o)3.a. says that it is illegal for an auto insurance company to increase your premium or cancel your policy solely because you made a claim when you were not at fault for the accident.  

PIP pays 80% of your medical bills and 60% of your lost wages, up to $10,000.  Any portion of your medical bills not paid by PIP may be paid by optional Medical Payments (MedPay) coverage, or presented to a secondary payor such as health insurance, Medicare/Medicaid, or included in your bodily injury claim to be paid by the responsible driver’s insurance company.  

The length of your case will depend on many things such as how soon you finish your medical care, the complexity of your case, the insurance companies involved, and whether we reach a settlement agreement or have to file a lawsuit in court.

Your doctor will answer this medical question.  Your doctor will prescribe a special treatment plan for you depending on your specific injuries.  It is very important to follow all of your doctor’s orders for your health and your legal case.

The amount of compensation will depend on the amount of insurance coverage available from the applicable insurance policies, the type of injuries you sustained, the amount of your economic damages, and other factors that are not known at this time.  We can discuss the value of your case once all of this information is known.  Do not rely on any statement made by anyone other than myself regarding the value of your case or the amount of money you can expect to recover.

1. Initial Client interview and information gathering.
2. Investigation of coverage information from all insurance companies.
3. Client’s completion of all medical care.
4. Requesting records from all medical providers and preparing all of the case evidence.
5. Sending a Demand Letter together with the medical records and evidence to the applicable insurance company with an offer to settle the Client’s personal injury claim for a certain amount of money.
6. Negotiating a settlement agreement between the Client and the insurance company.
7. Filing a lawsuit in the rare case that a settlement agreement cannot be reached.

You may have the right to make the following claims after a motor vehicle accident:

• Bodily Injury (BI) claim – A monetary claim to the negligent (responsible) driver’s insurance company for the injuries, pain, suffering, and special damages you sustained in the accident.  This is the main claim that I make on your behalf after you finish your medical care.  I charge attorney’s fees if I recover compensation (money) for you.
• Uninsured Motorist (UM) claim – A monetary claim to an insurance company that has Uninsured Motorist ”UM” protection in a policy that you are covered under.  A UM claim can be made when the negligent driver is not insured or does not carry sufficient insurance to pay for all of your Bodily Injury damages.   UM is an optional coverage that is not available on all policies.  My office will inform you if there is UM coverage available to you and if you can make a UM claim.  I charge attorney’s fees if I recover compensation (money) for you.
• Property Damage (PD) claim – A monetary claim to the negligent (responsible) driver’s insurance company for damages to your motor vehicle or other property.  Under a PD claim, the responsible insurer pays you the fair market value of your vehicle if it is totally destroyed or pays you or your body shop the amount to repair your vehicle, pays you for the loss of use of your vehicle or rental car expenses incurred while your vehicle is being repaired, and any diminished value to your vehicle after it is repaired.  My office can assist you as a courtesy (without charge) with your PD claim upon request.
• Collision claim – A monetary claim made to your own insurance company for the damages to your vehicle.  Collision coverage is optional-check your policy to see if you purchased this protection .  You may want to make a Collision claim if there is a problem or delay in your PD claim.  If your insurance company pays the damages to your vehicle under Collision, your insurer will demand reimbursement from the responsible driver’s insurer and will also ask them to reimburse your Collision deductible.  My office can assist you as a courtesy (without charge) with your Collision claim upon request.
• Personal Injury Protection (PIP) claim – A monetary claim made to the insurance company that is responsible to pay the first $10,000.00 of your medical expenses, lost wages, and other benefits.  

Only the registered legal owner of the damaged vehicle is entitled to recover “loss of use” damages or be provided/reimbursed for a rental car if the damaged vehicle is declared “repairable” by the insurance company.  The insurance company will pay “loss of use” or rental car cost for the reasonable number of days needed to repair the vehicle according to the repair estimate.  The insurance company will not pay or reimburse you for any insurance coverage the rental car company may require if your personal auto policy does not have all of the necessary coverages.  Please advise your Case Manager if you need assistance in getting a rental car. 

If the damaged motor vehicle is not repairable and declared a “total loss,” the insurance company is not legally required to pay or provide you with a rental car.  Some insurers may cover a limited number of days after the accident and up to the day the vehicle is inspected and declared a “total loss.”

If you would like us to help you as a courtesy (without charge) in making a Diminished Value (“DV”) claim, please follow these 5 steps:

1. Make sure your vehicle is not a lease.  If your vehicle is a lease you do not have the right to make a DV claim.  Only the Lessor/owner of the vehicle can make a DV claim.  You will not be responsible to the Lessor/owner of the vehicle for any depreciation due to the accident.
2. Ask your Case Manager how much property damage (PD) coverage money is available from the responsible driver’s insurance company. There may not be enough money to pay the full value of your DV claim after the insurer pays the repair costs.  Florida law requires all motor vehicles to carry a minimum of $10,000.00 in PD coverage.  However, some drivers carry more PD coverage.
3. Obtain a special DV estimate report from a qualified company such as http://www.diminishedvalueassessment.com www.diminishedvalueassessment.com or www.autoloss.com .  These companies will charge you a fee for a DV report and most insurance companies will not reimburse you for this cost.  
4. Email your Case Manager a copy of the DV Report requesting help with your DV claim.  We will send the DV Report to the responsible driver’s insurance company demanding payment and we will contact you upon receiving a reply.  
5. Do not sign any Property Damage (PD) Releases or General Releases until your DV claim and PD claim is resolved.  If your DV or PD claim is still pending a the time we are settling your bodily injury (BI) claim, please tell us before signing any insurance company settlement agreement (“Release”).