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Auto Accidents

Frequently Asked Questions

Yes, however you are entitled to a reasonable amount of time to collect yourself and speak with an attorney first.
No, a statement is not required. We advise against giving a statement to the other driver’s insurance company.

Yes and no. It makes the case “easier” and “quicker” if the police gave the other driver a ticket. Don’t worry if the officer did not give the other driver a ticket, or if the officer incorrectly gave you a ticket, we can navigate that battle for you.

Click here to learn more about how we prove fault after a car accident.

If the other driver has enough insurance (FL only requires a $10,000 property damage policy), and they accept fault for causing the crash, you can go through their insurance. Otherwise, you can use your own policy if you purchased collision coverage (optional).

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If the other driver has enough insurance (FL only requires a $10,000 property damage policy), and they accept fault for causing the crash, you can go through their insurance for a rental. Otherwise, you can use your own policy if you purchased rental coverage (optional).

The first $10,000 of medical bills are paid by your own auto insurance company. The remaining medical bills may be covered by your health insurance and/or the other driver’s insurance policy.

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Florida law prohibits an insurance carrier from increasing your premiums following an accident claim so long as you were not at-fault for the accident.

33.33% of the total settlement if the case settles before a lawsuit is filed. The fee is 40% if the case goes to court.

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Car Accident cases typically take 3 months to 3 years to resolve. We strive to conclude all our cases within 9 months but are willing to wait the full life-cycle in order to get the best results. The duration of your case will depend upon (a) whether fault is contested, (b) amount of policy limits available, (c) length and type of medical care needed and (d) whether a trial is needed.

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This question is impossible to answer without knowing the details of your case. We have drafted general overview of injury claims evaluation which you can read about here.

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The Green Injury Law
Firm Advantage

Seth P Green, ESQ

"I stand by my family name by providing each client personalized attention, compassionate attorney-client communication combined with a strategic and aggressive attack plan."

- Seth Green, ESQ.

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Family run business. We put our heart and soul into every single case.

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Hire our firm and get direct access to Attorney Green from start to finish.

What Our Clients Say

How To Prove Fault After A Car Accident Case?

When determining fault in an accident, various types of evidence can be invaluable. Here are key sources to consider:

Police Report: Insurance carriers like to rely on the police report and it’s a starting point for an investigation. However, the police report is NOT admissible evidence and we don’t blindly follow the police report. Instead, we do our own investigation and can overcome any inaccuracies in a police report.

Video Evidence: Some vehicles, such as police cars, taxi cabs, Uber drivers, and delivery drivers, are equipped with dash cameras. Gated communities often have surveillance cameras at entrances facing exterior roads. Shopping plazas, especially those with banks or large department stores, typically have video surveillance that may cover the road. Government entities install various video cameras at certain intersections, though they may not always record and store footage.

Witnesses: Good Samaritans who stop to assist after an accident can be crucial in proving fault. Their contact information should be listed on the traffic crash report, and an experienced injury attorney will reach out to them immediately to preserve their testimony. If there are no witnesses listed, consider obtaining the 911 tape, as witnesses often call-in accidents without speaking to those involved.

Cell Phone Records: Mobile phone use while driving is a known contributor to accidents. Cell phone records can indicate if a person was using their phone at the time of the accident. In serious cases, expert witnesses can determine the specific apps and data in use during the crash. However, with the rise of hands-free technology, merely proving phone activity may not guarantee a case win.

Property Damage Photos: The location and appearance of property damage to vehicles can be essential in establishing fault.

GPS Tracking: Some businesses and parents install GPS tracking devices in vehicles, which often store data like speed, braking, and GPS coordinates.

Drugs/Alcohol: If the other driver went to the hospital after the crash, there may be a blood test. Additionally, if the person was arrested for DUI, the police likely have evidence that can support your case.

Expert Witnesses: Crash reconstructionist and engineers can recreate the accident scene to determine fault. To be effective, experts will need detailed data, such as skid mark measurements, vehicle speeds, impact locations, final resting positions, property damage photos, and traffic signal plans.

Trucking Accidents: Truck accidents are complex cases involving numerous factors, including federal regulations governing drug testing, background checks, loading capacity, GPS tracking, and driver log hours. It’s crucial to contact an attorney immediately in these cases.

What Does Auto Insurance Cover?

Florida law is weak when it comes to auto insurance requirements. Vehicle owners are only required to carry two types of car insurance coverages which includes: (1) Personal-Injury-Protection and (2) Property Damage Liability. There is NO requirement that a negligent driver carries bodily injury coverage which is vital in getting paid out for your settlement.

Below is a summary of each type of auto insurance coverage:

Bodily Injury Liability (BI) Coverage: This coverage is optional. It is earmarked to pay car accident victims and is the primary coverage that personal injury lawyers pursue to obtain a settlement for their injured clients. This coverage gets paid out in one lump sum at the end of the case.

Property Damage Liability (PD) Coverage: PD coverage handles the costs associated with damage to or destruction of another person’s tangible property (i..e their vehicle or personal possessions). If someone damaged your car, you can pursue compensation for the vehicle damages under this coverage. The money can also be used for a rental car and/or diminished value claims. Florida mandates a minimum of $10,000 for this type of coverage.

Personal Injury Protection (PIP) Coverage: PIP coverage pays 80 percent of all necessary and reasonable medical expenses incurred due to an auto accident. Everyone must use their own PIP coverage regardless of who caused the accident. Payment is contingent on the individual receiving initial care within 14 days following a motor vehicle accident. PIP is paid out directly to the medical providers on an as needed basis. PIP also covers 60 percent of work loss and provides a $5,000 death benefit, which is an additional insurance amount.

Uninsured/Underinsured Motorist (UM) Coverage: UM coverage compensates you for bodily injuries resulting from an automobile accident when the at-fault party lacks Bodily Injury (BI) Coverage or has inadequate liability limits. Unlike PIP benefits, UM benefits are paid as a lump sum at the end of the case.

Medical Payments (Med Pay) Coverage: Med Pay coverage handles reasonable expenses for necessary medical and/or funeral services arising from a bodily injury or death sustained in an automobile accident, regardless of fault.

Comprehensive or Other than Collision Coverage: This coverage reimburses for vehicle damage resulting from incidents other than collisions, such as fire, theft, windstorm, vandalism, flood, or damages caused by falling objects or collisions with animals.

Collision Coverage: Collision coverage pays for repairing your vehicle in case it collides with another regardless of fault. You may elect to use your own collision policy, if you have one, or you may go through the at-fault drivers. If your vehicle is deemed a total loss, the insurer will cover its replacement cost. The amount paid is generally limited to the vehicle’s actual cash value (ACV), unless a specific vehicle value has been previously agreed upon by both you and the insurer.

Towing & Labor Coverage: This coverage provides for emergency road service (at the scene) and towing, up to the limits specified in the policy.

Rental Reimbursement: Rental reimbursement covers the cost of substitute transportation, up to a predetermined limit outlined in the policy. It applies if your vehicle is inoperable or unsafe to use following a covered loss. Some insurers may pay the rental vehicle provider directly, while others may require you to pay the rental cost upfront and submit receipts for reimbursement.