As you are likely aware, there are two classes of people involved in a car accident. One is the fault driver, whose negligence caused the accident. The second is the victim who suffered from the negligent actions of the at-fault driver. Ordinarily, the victim is entitled to compensation from the fault party.
However, the law is different in Miami because Florida is a no-fault state. It means that your bodily injury liability coverage will pay for your injuries following an accident. Since Florida law mandates everyone to handle their medical bills after an accident, does it affect your right to claim damages from the at-fault party?
The simple answer to the above question is no. This article looks at the rights you have as a car accident victim despite the Florida no-fault system. If you are the victim of an auto collision, our Miami car accident lawyers will provide you with excellent legal advice and representation.
Rights of a Car Accident Victim
As the victim of a motor vehicle collision, you have legal rights, whether or not you’re aware of them. It is vital to know what these rights are and protect them. By exercising your rights, you ensure the fault driver does not get away with their negligent actions. Also, it lets you know you can recover compensation for the amount spent on your medical bills and replacing damaged properties.
Below we list out some of the rights of car accident victims.
Right to Compensation
Motor vehicle crashes do not only cause physical damage. They result in emotional distress and may alter the victim’s quality of life. For this reason, state laws allow car accident victims to seek compensation from the fault party.
While Florida’s no-fault system allows each party to pay for their medical bills, it does not take away the victim’s rights to compensation. The rationale behind the no-fault rule is that those involved in auto collisions should get immediate medical treatment without waiting for an insurance settlement or court ruling. But after getting treated, they can file a claim to recover the amount spent.
In Florida, you have four years from the date of the accident to file a lawsuit against the fault driver and their insurance carrier. Here, you’ll get compensation for medical bills, lost wages, lost earning capacity, vehicle repairs, and other damaged personal property. You’ll also get compensated for emotional injuries like mental anguish, as well as pain and suffering. Our Miami car accident lawyers can review your case and tell you the compensation you’re entitled to.
Right To Not Give a Statement
Insurance companies in Miami know that sooner or later, you’ll file an insurance claim against the fault party’s insurance coverage or a lawsuit. For this reason, they try to get ahead of the situation by getting you to give a recorded statement immediately after the crash. You should avoid doing so until you have spoken with a Miami car accident lawyer.
Like in criminal trials, whatever you say might be used against you during negotiations or the lawsuit. Also, insurance adjusters will try to make inferences from your statements or judge your mood to reach a conclusion that benefits them. Thus, if you must make a statement, ensure you have an attorney with you. Also, only give statements when the initial shock of the crash has worn off, and you can calmly articulate things.
Right To the Accident Report
Another right car accident victims have is a right to a copy of the accident report. Generally, Florida laws allow you to apply for a copy of the police report manually or electronically. Therefore, you should have access to it once you make the necessary documentation and pay the fees. However, if you meet a roadblock, then you should get your Miami personal injury lawyer involved. They will apply and get you the report faster.
Right to an Attorney
Although most people prefer to handle their injury claims alone, it is not always the right choice. You have the right to seek counsel when trying to get compensation for your injuries. Even if the insurance company tries to convince you that they will be fair, you should still get a lawyer involved. Having one with you will get you a higher settlement and quicken the process.
Your Rights Are Protected With Miami Lawyers 360!
Are you the victim of a car accident in Miami on a compensation journey? Then let our car accident attorneys at Miami Lawyers 360 represent you. We will protect your rights and get you the maximum settlement. Contact us today for more on our services and a free case review.