A minor car accident is easy to handle without a lawyer’s assistance. The damages and losses seem less serious. The victim may suffer light injuries and bruises, but nothing is seriously harmed. At this point, the victim often wonders, “Do I even need an attorney?”
That’s where the victim needs real guidance. Some accidents may look minor, but they can turn into more serious personal injury cases if left unaddressed. Before the victim accepts the compensation check offered by the liable party’s insurer, it’s critical to understand their personal injury rights under Florida Law. A seasoned auto accident attorney in Winter Park guides victims with expert legal assistance. The victim’s party must contact a personal injury attorney for a free case evaluation after one has suffered the same.
What is a “Minor” Accident?
Most car accidents on Florida roadways count as minor. These accidents include fender benders, small rear-end collisions, and similar incidents. They result in low property damage and no serious injuries. The victim leaves the accident scene fine. But minor damage to your vehicle doesn’t mean minor physical harm. Hidden injuries may surface later with serious consequences. Taking advantage of this, the insurance company often tries to convince the victim’s party to accept a lowball offer so it doesn’t have to pay for the full losses. Once the victim accepts the settlement offer, the law bars them from claiming further compensation. Therefore, the victims must be very careful while handling the matter. After an accident, it’s crucial to speak with an experienced attorney and take the necessary steps to protect the victim’s personal injury rights.
Why Small Accidents Cause Real Injuries
Small accidents don’t always mean small injuries. Whiplash, soft tissue damage, and concussions are often the results of small accidents. These injuries do not show up right after the accident. Right after the accident, the victim’s adrenaline rush masks the pain and injuries. And hidden injuries like traumatic brain injuries (TBI) or internal bleeding gradually result in complex physical issues. Internal injuries are more common in minor car accidents. If the victim skips immediate medical care, it can harm both their health and their finances.
How Does Florida’s No-Fault Rule Affect Victims’ Compensation
Florida is a no-fault state. As per the state law, the victim’s own insurance coverage pays for their injuries irrespective of who is liable for the accident. Under Florida Law, every car driver must carry at least $10,000 in PIP (Personal Injury Protection) insurance. The policy should also include $10,000 in Property Damage Liability coverage. If another driver holds the liability for the accident and the victim’s expenses exceed the coverage, the victim may file a compensation claim against the negligent party.
To be eligible for PIP benefits, the victim must see a doctor within 14 days after the accident. If the victim misses the timeline, s/he may lose the right to use the coverage.
The Comparative Negligence Rule in Florida
In 2023, Florida launched its comparative negligence rule. Under the amended rule, the victim cannot recover damages if they are found more than 50% at fault for the accident. If the victim is 50% at fault or less, the law reduces the compensation amount in proportion to the share of liability. During negotiation, insurance companies often try to shift the blame to the victim and reduce or deny the claim. This makes an attorney’s role crucial. An attorney understands how the state law works and negotiates with the insurer for maximum compensation.
Florida’s Statute of Limitations
Under Florida Statute §95.11, the victim has 2 years from the date of the accident to file a claim. Two years may sound like a long time, but the legal process, including seeking medical care, collecting evidence, interviewing witnesses, speaking with attorneys, and filing a compensation claim, takes a lot of time.
Evidences fade. Witnesses may step aside. With time, the injuries heal. It becomes challenging for the car accident attorney in Winter Park to prove the connection between the accident and the injuries.
At this point, the insurance company may try to deny the link between the injury and the accident. So, the victim needs to act fast after the crash. Waiting for too long can weaken your case.
Is Consulting A Lawyer Necessary for a Minor Accident?
Insurance adjusters are experts at reducing the settlement value by shifting the blame to the victim. The insurer may offer the victim a paycheck before they understand the full extent of their injuries. Once the victim accepts the offer, s/he typically cannot ask for additional monetary compensation even if further injuries surface later. A skilled accident attorney evaluates your case and communicates with the insurer to ensure that the victim is not settling too soon for too little.
The victim must seek legal representation if:
- There are delays in symptoms appearing after the accident
- The insurance company wants to settle quickly
- There is a debate regarding liability for the accident
- The victim is unsure whether the pain and damages qualify the claim
- The victim is very near the deadline to file a PIP claim
Talk to the Attorney Before You Settle
As recorded, minor accidents are not always minor. Minor fender benders often lead to complex legal procedures, involving hard-to-find liability and complex physical injuries. Under Florida law, victims must follow specific rules and meet strict deadlines to file a claim. At Abercrombie, P.A., auto accident attorneys in Winter Park guide you through the legal maze and help you understand your personal injury rights and available legal options after an accident. Consult us for a free consultation. Let us protect your personal injury rights and help you secure the compensation you deserve.
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