What Options Are Available When Seeking Compensation In An Auto Accident?
Options For Drivers And Passengers Involved In An Auto Accident Who Are Seeking Compensation From The At-fault Driver In Florida
The options include the property damage and how you can get your car fixed. There are two options for that. You can file a claim under your own insurance if you have Comp and Collision Coverage. That is not something that’s required in Florida, so not all policies have it.
However, if you look on your statement from your insurance company, it’ll say, “Comp and Collision” and have a premium amount, and you will most likely have a deductible for that. The most common one is $500, you would have to pay the deductible, and then your insurance company would pay the rest of the bill to get your car fixed.
If the accident was not your fault, then your own insurance company will then do the Subrogation Claim against the at-fault driver’s insurance. If the at-fault driver has insurance, they will recover the money from that at-fault insurance company and they will then reimburse you for your deductible that you paid as well.
If you don’t have Comp and Collision and the accident is not your fault, then your only option to get it fixed would be to go after the at-fault driver’s insurance company. If they have coverage, there would be no deductible in that case.
So, sometimes even if you have the Comp and Collision, if the other insurance company is accepting liability for the accident right away, it’s still sometimes better to go for their insurance company so you don’t have to worry about paying out the deductible and getting that deductible back.
The other consideration that you want to look at is do you have rental coverage on your policy? If you have rental coverage on your policy, then you can make the determination to use it.
If you don’t have rental car coverage, then automatically, you would get a rental car if you go through the at-fault driver’s insurance company, either rental or amount of money for loss of use while your vehicle is being fixed or if your car is totaled, you would have that money or that rental car for the period of days until they provided you with the payment for your car being totaled.
As far as other options to make claim if you’re involved in an auto accident, if it is more than just property damage and you have personal injuries, then you can file a BI, or a Bodily Injury claim against the at-fault driver’s insurance company, if they have that insurance.
If they don’t have that insurance or if your injuries are very severe and they had a minimal policy for like $10,000, then you would also look to your own insurance and file a UM claim, which is an Uninsured/Underinsured provision.
That is something that you can elect on your insurance; it’s not something that’s automatic or required in the state of Florida. Also, you cannot get UM insurance unless you purchase bodily injury insurance and you can only have UM insurance to the limit that you choose for bodily injury.
Time Limits For Bringing The Personal Injury Lawsuit In Florida After An Auto Accident
For auto accidents, it’s 4 years on the BI claim or the Bodily Injury claim against the at-fault driver.
It’s 5 years on your own uninsured/underinsured motorist claim and that is 4 years and 5 years from the date of accident.
What About The Property Damage Claim?
Most attorneys won’t do the property damage claim without the bodily injury and the UM claim. When the Franco Law Group helps people with the property damage claims, they don’t charge them for that, so there is no fee provision for it.
If you need information about the Options Available When Seeking Compensation In An Auto Accident, call the Franco Law Group for a free initial consultation at (813) 873-0180 and get the information and legal answers you’re seeking.
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