Legal Question in Personal Injury in Florida

I was in an accident on Saturday night. Going southbound threw an intersection and a driver coming northbound took a left hand turn in front of me causing a pretty much head on collision. I was taken by ambulance to the er with left neck, shoulder, arm, and several bumps and bruises in between. No broken bones thank god but extreme stiffness in neck, shoulder, back, and my left arm is swollen from the elbow down to finger tips with abrasions. As this was not my fault, which the other just licensed driver admitted fault immediately I have a few questions. My car is totaled. I have recently been laid off of my job and now have no transportation and by no means the ability; money or credit wise of getting another car is this something that they must replace due to fault? If so, will it be something comp to my car.. it was a 2000 Honda accord in excellent condition but the blue book value is obviously not going to get me a vehicle of that quality. So would it be just the blue book value paid out or actually replacing of it with comparable one? Also, all my medical bills from the accident that night and follow up visits are paid by his insurance correct? I have never been in an accident before and am a little lost at what to do. I have filled my claim with my insurance and will speak with them tomorrow but will they be able to do everything I am going to need to or will I be needing to seek a lawyers counsel.. and if so is he going to have to pay those fees as he was at fault? Just a little lost right now and need some answers please. Thank you. Janet


Asked on 9/07/09, 9:57 pm

4 Answers from Attorneys

Alan Wagner Wagner McLaughlin, P.A.

Janet, you have a lot of questions -- which is not entirely unusual for someone in your position. All of these questions can be answered by any decent personal injury attorney. Rather than get a few sentences from here, I would suggest that you give a lawyer a call tomorrow. If you are near Tampa, or even if not, just give me or another lawyer a call. It will take more than a few paragraphs to answer your questions (and the follow ups that you will certainly have) so it really best done over the phone as opposed to lengthy e-mails. It will not cost you anything to get the answers.

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Answered on 9/07/09, 10:20 pm
Diana Santa Maria Law Offices of Diana Santa Maria, P.A.

Dear Janet:

I am sorry about your accident. I will try to answer some of your questions here. Fla law requires all drivers to carry property damage liability, so the negligent driver's insurance should take care of the damage to your vehicle.

Fla law also requires all owners of vehicles to carry PIP insurance which is commonly referred to as called No- Fault coverage which would apply under your own policy to cover some of your medical bills and wage loss (usually the first 10K) even though you were not at fault. You will be discussing this with your insurance company tomorrow.

If you have a permanent injury (and it may be too early to know this yet) , then you have a potential claim against the at- fault party's bodily injury insurance coverage (assuming he/she carries this) or under your own insurance's uninsured/underinsured coverage for damages including and exceeding your medical bills and wage loss ( ie., pain and suffering damages)

Because these matters can become complicated for someone who does not deal with it regularly, you should seek the advise of a personal injury lawyer; most consultations are free. Our office would be happy to help you if you wish to give us a call. The consultation is free and fees only apply if compensation is obtained for you.

With kind regards,

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Answered on 9/08/09, 12:36 am
Gordon Fenderson Fenderson Law Firm

Your questions are best answered by a personal injury lawyer on the phone. Do not tall to am insurance company without speaking to a lawye first. My office handles cases in north and central FL. I would be glad to help you. It cost younothing for a consultation and in most cases nothing out of your pocket.

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Answered on 9/08/09, 1:47 am
Philip DeBerard Accident Law Offices of Philip DeBerard

We need more information. Please feel free to call for FREE. 800-299-8878............thank you

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Answered on 9/08/09, 8:51 am


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