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Car Accident December 21, 2024

Who Covers Your Car Repairs After an Accident in Florida?

Who’s responsible for fixing your car after an accident in Florida? That’s a question we hear all the time, and it makes sense. After all, if you’ve been in an accident, your car’s damaged, and naturally, you want to know how to get it fixed—and you’re entitled to that.

When it comes to repairs, you’ve got two main options to consider. You could go through your own insurance, or you could file with the at-fault driver’s insurance. Each choice has its own pros and cons, and we’re here to walk you through them. By the end, you’ll know which option might be best for your situation, so you can get back on the road with peace of mind.

Option 1: Filing a Claim Through Your Own Insurance Company

When it comes to getting your car repaired after an accident, the simplest and fastest route is often through your own insurance—if you have collision coverage.

  • What You Need to Know About Collision Coverage

Collision coverage is what allows you to file a claim for your car’s damages, no matter who’s at fault in the accident. It’s direct, it’s efficient, and it saves you from the extra wait time that often comes with using the other driver’s insurance.

  • How Deductibles Work When Filing Through Your Own Insurance

If you decide to go this route, be aware that a deductible will apply. A deductible is the portion you pay out of pocket before the insurance coverage kicks in. Deductibles vary by policy, commonly falling between $250, $500, or even up to $2,000. The choice of deductible impacts your payout as well as your premiums. 

For instance, if your car is valued at $30,000 and your deductible is $1,000, the insurance company covers $29,000, with you paying the remaining $1,000. This setup keeps you covered but also shares a bit of the cost to control premiums.

  • The Advantages of Using Your Own Insurance for Repairs

Since you’re filing with your own insurance company, they don’t need to investigate who was at fault before they move forward with repairs or a payout. That’s what makes this option quicker; there’s no need to wait for the other driver’s insurance to respond, verify details, or complete their liability assessment. Your insurance company can get the ball rolling immediately.

Another advantage is that collision coverage protects you regardless of who’s responsible for the accident. It’s there to take care of your car’s damage, so you don’t have to worry about getting tied up in fault disputes to get back on the road.

Option 2: Filing a Claim Through the At-Fault Driver’s Insurance

Option 2: Filing a Claim Through the At-Fault Driver’s Insurance

If the other driver was at fault for the accident, you have the option to go through their insurance to cover your repairs. This approach has its advantages, but it also comes with some added waiting time and a bit of patience.

  • Why Filing Through the Other Driver’s Insurance Can Save You Money

One big perk here is that, unlike filing through your own insurance, you won’t have to pay a deductible. The at-fault driver’s insurance covers the repair costs, so your out-of-pocket expense is zero, assuming everything is confirmed and processed by their insurance company. This can be helpful if you’d rather avoid dipping into savings just to get your car fixed.

  • Rental Car Coverage: What to Expect When Repairs Are Underway

Another benefit is that if you go through the other driver’s insurance and they have adequate coverage, they should also cover a rental car for you while yours is being repaired. This rental coverage doesn’t come with any extra charge to you and can be a huge relief, especially if you rely on your car for daily commutes, errands, or family needs. Keep in mind, though, that this depends on their policy limits and their insurance company’s guidelines on rental car length.

  • Potential Drawbacks of Relying on the Other Driver’s Insurance

While going through the other person’s insurance means no deductible and the potential for a rental car, it’s not always the fastest way to get repairs underway. Their insurance company will need to investigate the accident, which can take time. 

  • They’ll likely want to confirm who was at fault and may require additional information, like statements from their driver or a copy of the police report. If everything’s straightforward and there’s a police report showing clear fault, the process might speed up, but without that, delays are common.

  • Working with the other driver’s insurance company on your own can sometimes feel like a bit of a minefield. Without an attorney by your side, their insurance company may ask you detailed questions about the accident, your injuries, or other aspects of the incident that you’re better off not discussing. 

These conversations can be tricky since most of the insurance company’s goal is to minimize their payout. When we handle cases, we make it clear that our clients aren’t to discuss their injuries, medical treatments, or how the accident happened beyond the car repair details. This protects you from giving statements that could complicate or even weaken your claim.

(I) Your Right to Choose a Body Shop and What to Consider

 Your Right to Choose a Body Shop and What to Consider

One thing many people don’t realize after an accident is that they have a choice in where their car gets repaired. Whether you’re filing through your own insurance or the other driver’s, you’re entitled to pick the body shop that you trust most to do the work. This decision can make a big difference in how comfortable you feel about the repair process and, ultimately, the quality of the results.

Choosing a body shop that you know, like, and trust can bring a sense of peace within. If you’ve got a favorite shop where you feel confident about the workmanship, going that  route can be reassuring. You’re the one who will drive the car once repairs are complete, so having control over the repair quality matters. 

But keep in mind that when you choose your own shop, you’ll need to work within the time limits that insurance companies usually place on rental car coverage. If your chosen shop takes longer than anticipated, the insurance company might not cover those extra rental days.

(II) Should You Use the Insurance Company’s Preferred Shop?

If you go with a shop of your choice, you’re in control of who does the repairs, which often translates to higher trust in the quality. This option is perfect if you already have a go-to shop or just want to ensure your car is fixed by a team you’re comfortable with. 

On the other hand, if you’re okay with using a body shop that the insurance company recommends, there can be a few extra perks. Insurance companies often have partnerships with certain shops, and if the shop takes longer than expected, they might cover extra rental days without hesitation. 

Essentially, if the insurance company’s chosen shop runs behind, they’ll be more likely to extend your rental period to match. Just remember that while you may get a bit of flexibility on rental time, this isn’t the shop you chose, so make sure you feel comfortable with the arrangement before moving forward.

(III) Understanding Florida’s Property Damage Minimum and Its Limits

Understanding Florida’s Property Damage Minimum and Its Limits

In Florida, the minimum requirement for property damage coverage is $10,000. For minor fender-benders, that might be enough, but consider what happens if you’re driving a high-value vehicle or the damage costs run higher. 

Even with their insurance paying up to the limit, you could still be left holding the bag for repairs that go beyond that $10,000. In cases like this, your collision coverage bridges the gap, giving you a space of comfort that your costs are covered regardless of the other driver’s insurance limitations.

For example, you’re hit by someone whose insurance maxes out at $10,000 for property damage. If your repair estimate comes in at $25,000, their insurance company will pay up to $10,000, and the rest – $15,000 – would typically be your responsibility. With collision coverage though, you’re safeguarded. 

Instead of bearing the full brunt of those extra repair costs, your collision insurance covers the balance (minus your deductible), ensuring you’re not left in financial hardship due to someone else’s lack of coverage.

Need Help with Your Claim? Contact Carter Injury Law Today

If you’re dealing with property damage after a car accident in Florida or just have questions about how the insurance companies are handling your claim, don’t hesitate to reach out. You can call us anytime for a free, confidential case evaluation. It’s completely risk-free—there are no fees unless we win your case. We’re here to walk you through all your options, answer your questions, and make sure you get the guidance you need. Contact us today, and let’s work on getting the compensation that’s rightfully yours.

Why Local Tampa Attorney is Vital for Winning Your Personal Injury Case
Personal Injury December 14, 2024

Why Local Tampa Attorney is Vital for Winning Your Personal Injury Case

When you’re facing a personal injury case, having a local attorney on your side makes a world of difference. Here in Tampa, our team at Carter Injury Law doesn’t just work in this community—we’re part of it. That means we’ve built a reputation we’re proud of, and every case we take on reflects our commitment to doing right by our clients, our neighbors, and our city.

Hiring a local attorney isn’t just about legal knowledge; it’s about knowing the people, the streets, and the system that’s specific to Tampa. Our team is here to make sure you feel supported, informed, and confident at every step of your case because, at the end of the day, your success matters to us just as much as our reputation.

1) Why It Matters to Hire a Local Attorney

When you’re hiring an attorney, especially for something as personal as an injury case, reputation is everything. Here in Tampa, reputation isn’t just a word—it’s a reflection of how we treat our clients and our community every single day. I understand that when someone chooses Carter Injury Law, they’re putting their trust in me to handle their case with care and integrity. 

That’s why I take it personally to make sure every client has the best possible experience. It’s not just about winning cases; it’s about the kind of attorney my clients can confidently recommend to their family and friends.

  • Staying Connected with Clients: Why Communication Matters

In this city, word travels fast. People know each other, and they talk. If I didn’t follow through, if I didn’t keep my clients updated, or if I didn’t handle their case with the attention it deserves, that would impact not only my reputation but also the level of trust people have in local attorneys. 

That’s why I make it a priority to stay connected, to communicate openly, and to make sure my clients know they’re in good hands. When a client feels like they’re left in the dark, that’s when trust breaks down—and that’s not something I’m willing to risk.

  • The Value of Local Trust: A Reputation That Speaks for Itself

Choosing a local attorney means choosing someone who’s deeply invested in the community and who will go the extra mile to protect that reputation. In a close-knit community like Tampa, my reputation means everything, and I want every client to feel confident they made the right choice. 

I know that if I do a good job, my clients won’t just leave with a successful outcome; they’ll leave with a reason to say, “Yes, that’s someone I’d trust with my case.” At Carter Injury Law, that’s exactly the experience I’m here to provide.

2) Local Knowledge of Investigators and Medical Experts

Local Knowledge of Investigators and Medical Experts

When it comes to personal injury cases, having a team of trusted professionals behind you can be a real asset. That’s why, as a local Tampa attorney, I work with investigators and medical experts who know exactly what it takes to build a winning case. I’m not just hiring any investigator or doctor off a list; I’m calling on people I know, professionals I trust to do the job right because they’re part of this community too.

  • Trusted Investigators: Knowledge You Can Count On

In Tampa, I work with investigators who know this area like the back of their hands. These are people who can walk onto an accident scene and know exactly where to look, what to document, and how to gather the evidence that can make or break a case.

Tampa has its unique challenges, from busy streets to local business setups, and my investigators know how to work within that landscape. When they’re on the case, they’re not just gathering information—they’re preserving the details that could be the difference between proving your claim or losing vital ground.

  • Experienced Doctors and Medical Experts

Beyond investigators, one of the biggest assets for a personal injury case is having the right doctors on your side. Over the years, I’ve worked with doctors who are not only great at what they do but are also willing to go the distance for their patients, including showing up in court if needed.

In Tampa, I have the insider knowledge of which doctors can be relied upon to provide clear and honest testimony that supports your case, and I’m also aware of those who may lean more toward aiding insurance companies than their patients. We know the physicians who prioritize your care and those who are primarily there to assist the insurance companies.

3) A Strong Network within the Tampa Legal Community

When you hire a local attorney, you’re not just hiring someone with knowledge of the law; you’re hiring someone with deep connections in the local legal community. Over years of practicing in Tampa, I’ve built a network of relationships with other attorneys—relationships that can make a significant difference when it comes to negotiating your case and crafting a strategy tailored to your situation.

  • An Inside Advantage: Knowing the Defense Attorneys

In Tampa’s legal circles, knowing who you’re up against can be a huge advantage. I’ve stood across the table from many of the defense attorneys in this area, so I know the ones who approach cases fairly and the ones who may try to complicate the process. 

I know which attorneys are skilled negotiators and which ones may try to sidestep a fair settlement. These insights help me anticipate how a case will go, allowing me to adjust strategies to stay one step ahead, whether that means pushing harder in negotiations or preparing for a trial.

  • Respect and Rapport with Opposing Counsel

We’ve built a rapport with local attorneys over years of working together, so we know who we can trust and who will play fair. This understanding goes both ways too—when opposing attorneys know I’m on the case, they know that I’m not interested in games or shortcuts. That mutual respect helps us focus on what really matters: getting a fair result for you.

  • Local Connections for Stronger Case Support

Beyond opposing counsel, being part of this legal community means I’m plugged into a network of professionals who understand the unique aspects of practicing in Tampa. From connecting with experts and judges to knowing the courthouse inside and out, my community connections reinforce every aspect of your case. 

4) Familiarity with Tampa’s Courthouse and Judges

Familiarity with Tampa’s Courthouse and Judges

One of the most overlooked advantages of hiring a local attorney is the insight they have into the local court system and the specific judges handling cases. I’ve spent years working in Tampa’s courtrooms, and that experience gives me a unique understanding of how to present each case for the best possible outcome. 

Every courthouse has its own rhythm, and Tampa’s is no different—knowing how things work behind those doors can make all the difference when it comes to fighting for your rights.

  • Understanding Judge Preferences and Courtroom Expectations

Each judge here has their own preferences, standards, and expectations, and that’s something you don’t learn from a law book or by practicing in another city. Some judges are detail-oriented and expect everything to be laid out with precision; others appreciate a more straightforward, concise approach. 

Having worked with these judges on many cases, we know how to present your case in a way that resonates in the Tampa courtroom. That familiarity lets us prepare each step strategically, from the initial filing to how we handle evidence and testimony in court.

  • Strategic Preparation for Every Court Appearance

For you as a client, this experience means we’re prepared to guide your case through Tampa’s legal system, avoiding unnecessary delays and maximizing every opportunity to strengthen your claim. Whether it’s adapting our presentation style to suit a particular judge’s approach or anticipating specific questions they’re likely to ask, I tailor every detail of your case to match the environment we’re working in.

  • The Advantage of Local Insight and Experience

With a local attorney, you’re getting more than just legal representation—you’re getting someone who knows Tampa’s legal landscape intimately, who’s been through its courtrooms countless times, and who knows how to navigate it all with skill and strategy. It’s that insight and experience that allow us to advocate for you effectively, giving your case the strongest possible foundation in a Tampa court.

5) Commitment to Serving the Tampa Community

Commitment to Serving the Tampa Community

Carter Injury Law isn’t just a law firm in Tampa; we’re woven into the fabric of the Tampa community. From the beginning, our mission has been to stand by our neighbors when they need it most. We know that a personal injury doesn’t just affect your health—it impacts your entire life, from your job to your family. 

  • Support from Day One: Free Consultations and Contingency Basis

When you come to us with a case, you can expect to feel supported from day one. We start with a free consultation because we believe everyone should have access to quality legal advice, regardless of their financial situation. Our team will walk you through the details, answer your questions, and make sure you feel informed and empowered to take the next steps. 

We work entirely on a contingency basis, which means that if you don’t win, we don’t get paid. That’s how committed we are to your success. We’re proud to serve Tampa, offering free consultations and working on a contingency basis because your success is our priority.

  • A Responsibility to Our Tampa Community

This isn’t just a job for us—it’s a responsibility to our community. Being a local firm, we understand the challenges Tampa residents face and the importance of having an attorney who genuinely cares. We’re here to create a positive impact, not just in the courtroom but in the lives of the people who make this city great. Whether you’re dealing with a car accident, a slip and fall, or any other injury, know that Carter Injury Law is here to help you move forward with confidence every step of the way.

Carter Injury Law: Your Community, Your Advocates

Choosing the right attorney after an injury isn’t just about finding someone with legal expertise; it’s about finding someone who truly understands the community you belong to. A local attorney brings insight, connections, and a commitment to representing you with integrity. At Carter Injury Law, we know the people, the streets, the doctors, and the legal network of Tampa—and we use that knowledge to fight for the best outcomes for our clients every day.

When you’re ready to work with an attorney who understands your community, reach out to Carter Injury Law. Schedule a free consultation with us, and let’s talk about how we can put our local knowledge and dedication to work for you.

Multi-Car Collision in Florida: Who’s at Fault & What You Should Do Next
Car Accident December 5, 2024

Multi Car Collision in Florida Who’s at Fault & What You Should Do Next

Have you ever found yourself stuck in traffic on a busy Florida road, only to see a multi-car collision unfold right in front of you? It’s a situation that happens far too often in our state. Understanding the common causes of these accidents and how negligence is determined can help you navigate the aftermath if you find yourself in such a predicament.

In Florida, multi-car collisions usually occur when one driver suddenly slams on their brakes, setting off a domino effect of rear-end collisions. You may be wondering, “How do we figure out who’s at fault in these scenarios?” Well, that’s exactly what we’re here to discuss. From maintaining a safe following distance to knowing what to do after an accident, we’ll break it all down so you can stay informed and prepared.

(I) Common Reasons Multi-Car Collisions Happen

A. Rear-End Collisions: How a Simple Brake Can Trigger a Chain Reaction

One of the most common causes of multi-car collisions in Florida is rear-end accidents. Suppose a driver in front of you suddenly slams on their brakes—maybe they’ve just spotted a red light or a hazard on the road. That split-second decision can create a chain reaction. The car behind them, caught off guard, rear-ends that vehicle. Then the next car in line hits the car behind them, and so on. It’s like a row of dominoes falling one after another.

This scenario highlights how quickly a single action can escalate into a major accident involving multiple vehicles. When you’re driving, it’s not just about being aware of what’s in front of you; it’s also about anticipating what could happen behind you. That’s why understanding this chain reaction is crucial. If you’re not maintaining a safe distance, you might find yourself not just involved in the collision but also contributing to a much larger problem.

B. The Following Distance Rule

Now, let’s talk about the importance of maintaining that safe following distance. Following too closely can be a recipe for disaster, especially in heavy traffic. The general rule of thumb is to keep one car length for every 10 miles per hour you’re traveling. So, if you’re cruising along at 70 miles per hour, you should ideally be keeping a distance of about seven car lengths between you and the vehicle ahead.

This spacing isn’t just a suggestion; it’s a safety measure designed to give you enough time to react if the car in front of you suddenly stops. If you’re too close, you won’t have enough time to hit the brakes and avoid a collision. By maintaining that safe distance, you’re not only protecting yourself but also reducing the risk of causing a multi-car pile-up. Remember, driving is not just about following the speed limit; it’s also about ensuring that you have enough room to stop safely in any situation.

(II) How to Determine Who’s Negligent in Multi-Car Collisions

 How to Determine Who’s Negligent in Multi-Car Collisions

A. Who’s Most at Fault? A Clear Look at Liability in Car Accidents

When it comes to figuring out who’s at fault in a multi-car collision, liability generally falls on the driver who initiated the chain reaction. In most cases, this is the driver who rear-ended the car in front of them. However, the situation can get a bit murky, especially in cases where you find yourself caught in the middle. Imagine you're driving along, and suddenly, a car slams into you from behind, propelling you into the vehicle in front of you. In this scenario, you might feel responsible for the damage to the front car, but that's not necessarily the case.

Typically, the middle car—the one that gets pushed forward—won’t have much responsibility for the accident. The primary liability will rest with the driver who caused the initial impact. That said, there are situations where the middle driver might bear some responsibility, especially if they were following too closely. But remember, your strongest case for compensation will often be against the driver at the back who didn’t maintain a safe distance.

B. The Role of Insurance Companies

Now, let’s talk about the role of insurance companies in these situations. After an accident, you can expect the insurance companies to dive in and start investigating who’s at fault. They may come up with some arguments that try to shift blame away from their insured party, especially if that party is the rear driver. For example, they might argue that the driver in the back had to stop suddenly due to the negligent actions of the middle car. But this line of reasoning often overlooks an important point: every driver is responsible for maintaining a safe following distance.

Understanding this principle is crucial when dealing with insurance companies. If the back driver couldn’t stop in time, they likely weren’t following the safe distance rule. That’s why it’s so important to be able to articulate the facts clearly and emphasize safe following distances when discussing liability.

(III) What to Do After a Multi-Car Collision

A. Document Everything

Make sure to document everything about the scene. After an accident, emotions can run high, and it’s easy to forget important details. Start by collecting names and contact information from any witnesses. These individuals can provide critical insights about the incident, especially if there are conflicting accounts later on.

Additionally, taking photos is one of the best things you can do. Snap pictures of the accident scene, the vehicles involved, and any visible damages. Capture different angles and any relevant road signs or conditions. This visual evidence can paint a clearer picture of what transpired and can be instrumental when discussing liability later on. Trust me; this documentation can make all the difference in your case.

B. Speak with an Attorney First

If you find yourself involved in a multi-car collision, one of the most important steps you can take is to speak with an attorney before engaging with any insurance companies. Why is this so crucial? Well, insurance companies are in the business of minimizing payouts, and they often use your statements against you. By consulting an attorney first, you’re not just protecting your rights; you’re ensuring that you have someone on your side who understands the complexities of these cases.

An experienced attorney can help investigate the accident, gathering crucial information that may be overlooked in the initial moments after the crash. They know the right questions to ask, which can clarify details that are essential for your case. This guidance is invaluable because it sets a solid foundation for understanding what happened and who should be held accountable.

C. Provide Accurate Information

Finally, when you do speak about the accident—whether it’s with an attorney, insurance company, or law enforcement—be sure to communicate clearly and calmly about the nature of the collision. Provide accurate details about what happened, but don’t volunteer unnecessary information. Your words can have significant consequences, so it’s vital to be precise and truthful. For instance, if you felt multiple impacts during the crash, make sure to specify that.

This kind of clarity is essential, especially when determining fault. The more accurately you can describe the events leading up to and during the collision, the better equipped your attorney will be to advocate for your rights. Remember, every detail matters, and your goal should be to build a strong case that supports your claim.

IV. Legal and Financial Consequences: What Costs Should You Expect?

Legal and Financial Consequences: What Costs Should You Expect?

Multi-car collisions can have serious legal and financial repercussions for everyone involved. The first thing to consider is the potential costs that can pile up quickly after an accident. Medical bills can be staggering, especially if you’ve sustained injuries that require ongoing treatment. From emergency room visits to physical therapy sessions, the expenses can accumulate, leaving you feeling empty.

But it’s not just about the immediate medical costs. You may also face lost wages if your injuries prevent you from working. The pain and suffering you endure don’t come with a price tag, but they can significantly impact your quality of life. It’s essential to recognize that these factors will play a critical role in your overall compensation claim.

Identifying who is responsible for these costs is crucial. If the other driver was at fault, you might be entitled to compensation for your medical expenses, lost wages, and even the emotional distress caused by the accident. However, if liability is unclear or contested, it can complicate matters. That’s why it’s vital to gather as much evidence as possible and to have an experienced attorney on your side to navigate these complexities.

Get Your Free, Confidential Case Evaluation Today

We offer a free, confidential case evaluation, allowing you to discuss the details of your situation without any pressure. Your conversation with us is protected by attorney-client privilege, which means that anything you share is kept strictly confidential. This isn’t like talking to an insurance company; we’re here to listen to your concerns and advocate for your best interests.

Don’t wait until it’s too late. If you have questions about your case, how to prove fault, or what compensation you might be entitled to, reach out to us today. We’ll help you make sense of the complexities surrounding your accident and ensure you get the justice you deserve. Call us now for the support you need to move forward confidently.

How to File a Claim After Being Hit by an Uninsured Driver In Florida
Car Accident November 26, 2024

How to File a Claim After Being Hit by an Uninsured Driver In Florida

Florida is one of the top states where uninsured motorists are most likely to strike. That is partially because the State of Florida does not mandate bodily injury coverage. Statistics show that about 26.7% of people on the roads in Florida are driving without having bodily injury coverage or any auto insurance at all, according to an Insurance Research Council. That means that more than 1 in every 5 drivers driving along with you are doing so without insurance. What happens if you get hit by one of those uninsured drivers? What should you do to protect your rights and claim for damage? In Florida, those uninsured or underinsured drivers can create considerable difficulties for people seeking compensation for their injuries and damages.   

So, if an uninsured driver has hit you in Florida, there are certain steps you want to take to make sure that you do the best job you can to preserve the claim.  

5 Steps To Take After Getting Hit by Uninsured or Underinsured Driver

Step 1. Call the Police and Document It

The first and foremost step you need to take is to call the police. Calling 911 is the best course of action after every accident and the best way to document it. For reference, a hit-and-run driver is called a “phantom vehicle,” which counts as an uninsured motorist under any uninsured motorist coverage you might have in Florida. Let’s say an uninsured driver or phantom vehicle hits and runs, doing damage to your car and injuring you. Afterwards fleeing the scene and you don't know who they are. If this happens, you still absolutely want to call the police and document that this happened to you. 

Sometimes an at-fault driver will try to convince you not to call the police or give you some cash for damage to your car and say there’s no need to alert the authorities. It’s strongly advisable that you do not let that happen. When police arrive on the scene, they will take down everyone’s information and properly document the incident, allowing you to obtain a full police report at a later date that will help you in dealing with insurance companies.

In this crash report, police may add important information about an at-fault driver’s identity, contact information, or even the vehicle owner/s. A vehicle owner is liable to you as well in the State of Florida for the negligence of the driver. This information can be useful if you need to file a request to the Department of Highway Safety and Motor Vehicles for verifying insurance information on the defendant's car. Without it, DHSMV can deny the request. 

However, if the at-fault driver doesn't flee the scene (which is hopefully the case), then try to exchange information with him or her, even if they don't have insurance. If you're lucky and you have witnesses, also collect their information to include full names, phone numbers, emails, and addresses. This may be useful to your claim down the road. 

Step 2. Report to Your Insurance Company 

Step 2. Report to Your Insurance Company 

The next step is probably to report the collision to your insurance company. Reporting a claim to your insurance company early is the key. If you have a complete police report it's really going to back up your story that you were hit by an uninsured driver or a phantom vehicle. Since these people don't have insurance on their cars or they don't have enough insurance coverage, you’ll probably be asking your insurance to handle the claim for you, assuming you have the right coverage.

Step 3. Look at Your Insurance Policy

Next, find out what your insurance policy says. Do you have collision coverage? If you have collision coverage, it's going to cover you when that person who hit you doesn't have enough property damage insurance or does not carry insurance coverage at all. So, if you want to protect yourself and your claim, having collision coverage on your policy is a must. 

The next thing you're gonna look at your policy  – Do you carry uninsured/underinsured motorist coverage? If you carry uninsured or underinsured motorist coverage it's going to cover you if you get hit by somebody who doesn't have enough bodily injury coverage or doesn't have any insurance coverage at all. It is another type of coverage that your insurance company pays directly to you. However, it’s only applicable if you are not at fault for the collision. 

Your UM/UIM policy will pay for any unpaid sums that your PIP coverage does not cover. It is also applicable for pain and suffering compensation. In Florida, UM/UIM coverage must be combined with Bodily Injury coverage.

Through uninsured/underinsured motorist coverage, you can still make a claim for past medical bills, future medical bills, pain and suffering, and loss of enjoyment of life.

Step 4. Seek Medical Help If You’re Injured

Step 4. Seek Medical Help If You’re Injured

If you didn’t immediately go to the hospital, this is the most important step to take once the dust has settled and you are feeling any pain as a result of the collision. However, you can always call for help from the police and paramedics directly from the scene of an accident. If you are injured, it is important to get treatment within 14 days.  To be eligible for PIP compensation in Florida, you must see a doctor within 14 days after the accident. The reality, though, is the sooner the better. The longer you wait to document your injuries, the more likely it is that the insurance company and their attorneys will try to devalue your case by saying that they do not really think you are hurt because you waited too long. 

Step 5. Have a Consultation With an Attorney 

The aftermath of an uninsured driver's accident can be difficult to handle and confusing. Consult a Florida personal injury attorney that has experience handling these  uninsured motorist cases. They can help you navigate the procedure and safeguard your rights successfully.

If you follow these steps, you will increase your chances of success when filing an uninsured motorist claim. Make sure you cooperate with your insurance company and provide them with all of the necessary information and documentation. After that, you may have to negotiate with them. Hopefully, they will deal with the claim fairly and resolve it with you. Unfortunately, that is not the usual experience. Having a knowledgeable and trustworthy attorney on your side may end up getting you a much better result. Insurance companies are not there to look out for you and can even try to trick you into a settlement or action that does not benefit. It truly is best not to go it alone. 

What happens when an uninsured driver hits you in Florida?

What happens when an uninsured driver hits you in Florida?

When an uninsured driver hits you in Florida, it is very difficult to collect your damages directly from him or her. Florida is a no-fault automobile accident state, which simply means that your vehicle insurance company should cover 80% of your medical bills, up to a $10,000 maximum (or a $2,500 maximum if you have not experienced an “emergency medical condition.” If the other motorist is at fault, their insurance company would pay the remaining 20%, but they have no bodily injury coverage. This, again, is why it is important to carry coverage that protects you from these people. 

What Options Do You Have?

It’s normal to be concerned about not getting compensation for your losses and injuries. Yet, there are some options for you if you are involved in a collision caused by an uninsured driver. The following information  can be helpful to get your claim. 

  1. PIP insurance. This can be applicable only after you get treatment within 14 days after the accident. This can cover 80% medical cost, 60% lost wages, and $5,000 for death. As stated, the limit of coverage is either $2,500 or $10,000. This insurance covers you, your family, passengers who do not own a vehicle, those who drive your car with authorization and do not have another source of PIP, and sometimes even pedestrians. 

  2. Property Damage Liability Coverage. Just because the at-fault driver does not carry bodily injury coverage, they may still have coverage for the damage to your vehicle if they carry this type of liability coverage. This may compensate you for car damage if someone hits your car (like a rear-end collision, for example). The at-fault driver’s insurance company would then pay to repair your vehicle or for its total loss. Florida state law requires at least $10,000.00 in Property Damage Liability coverage.

  3. Body Injury Liability (BI) Coverage. If you or your attorney are able to uncover another source of bodily injury coverage,  then that insurance will be responsible for covering your medical bills. This type of insurance also compensates for your pain and suffering. The minimum limit for getting Bodily Injury coverage is $10,000.00 per person/$20,000.00 per accident; however, the State of Florida does not mandate this coverage at all.

  4. Comprehensive coverage. This insurance can help protect your car from damage. But this has to be caused by natural catastrophes, falling items, fire, and so on. 

Filing a Legal Lawsuit Against Uninsured Driver  

Filing a Legal Lawsuit Against Uninsured Driver  

Let’s say your uninsured motorist insurance doesn't properly cover your damages, now what? You can file a personal injury lawsuit against the uninsured, at-fault driver and/or vehicle owner to seek the compensation you deserve. Though it is not always the case, the uninsured motorist in your collision is unlikely to have the financial resources to pay a personal injury award. 

There are two ways a personal attorney can help if you decide to seek personal contribution from an at-fault driver. Although, it is very difficult to find a personal injury attorney willing to sue someone without insurance on a contingency fee basis (meaning no payment up front, just a percentage of the award). 

First, if you are successful in obtaining a judgment, you can place a lien on the defendant’s property. If the defendant has any assets, you may be able to use that property as collateral to repay for damage owed to you. There are exceptions for homesteads and a small amount of personal property. 

Second, you may consider entering into a payment with the defendant. If the defendant has insufficient money to pay you upfront, then you can agree to a weekly or monthly payment or ask the court for an order to garnish the defendant’s wages.

Why Hire Us?

If you have injuries, massive damage that you fear will not be fully covered by insurance, then you should consult our personal injury attorney, David Carter. He will discuss alternative solutions to help you. Every collision with uninsured motorists requires high-quality legal advice and assistance. David Carter and Carter Injury Law can help you in determining what steps you need to take after being hit by an uninsured motorist or involved in a hit-and-run accident.  

So, don't go it alone. Contact Carter Injury Law now to set up a free consultation. We have a beautiful location at 3114 N. Boulevard Tampa, Florida where we offer in-person and virtual case evaluations. If you or someone you care about was involved in an accident with an uninsured driver in Florida, call at (813) 922-0228 for a free case review, or send us an email at office@carterinjurylaw.com.

Understanding the Statute of Limitations for Personal Injury Cases in Florida
Personal Injury November 17, 2024

Understanding the Statute of Limitations for Personal Injury Cases in Florida

Let’s say you're driving home from work one day when a reckless driver crashes into your car. You're injured, and the accident turns your life upside down. You decide to sue the at-fault driver for damages, but then you hear about something called the "statute of limitations." What is it, and why does it matter?

In simple terms, the statute of limitations is a legal deadline for filing a lawsuit. It's a ticking clock that starts as soon as the accident happens. If you don't file your lawsuit before the clock runs out, you might lose your chance to get compensation for your injuries.

So, what's the big deal? Well, understanding the statute of limitations is crucial if you've been injured in Florida. It's like knowing the rules of a game before you start playing. If you don't follow the rules, you might end up disqualified.

The Statute of Limitations for Personal Injury Cases in Florida

The Statute of Limitations for Personal Injury Cases in Florida

In Florida, the general statute of limitations for most personal injury cases, including slip and fall accidents and medical malpractice, is two years from the date of the accident or injury. This means that the time starts counting as soon as the accident happens.

If you wait more than two years to file your lawsuit, you'll likely lose your chance to get compensation for your injuries. This applies no matter what kind of damages you're seeking, such as medical bills, lost wages, or pain and suffering.

So, if you've been hurt, it's important to talk to a lawyer as soon as possible. They can help you understand your rights and make sure you file your lawsuit on time.

Statute of Limitations for Car Accident Cases in Florida

If you're injured in a car accident in Florida, you generally have two years from the date of the accident to file a lawsuit. This means that the clock starts ticking as soon as the accident happens.

This time limit is the same for most personal injury cases in Florida, including slip-and-fall accidents and medical malpractice. However, some specific rules and exceptions may apply to car accident cases, such as the discovery rule and the tolling of the statute of limitations for minors.

Some important instances to consider:

  • The two-year time limit applies if you're suing for damages related to injuries or property damage caused by a car accident in Florida. This means you can seek compensation for things like medical bills, lost wages, pain and suffering, or damage to your car.

  • If someone dies in a car accident in Florida, the time limit for filing a lawsuit is different. In these cases, you generally have two years from the date of death to file a wrongful death lawsuit.

Why Does the Statute of Limitations Matter?

Why Does the Statute of Limitations Matter?
 

Missing this deadline can have severe consequences, including the following:

  • Loss of Legal Rights: Once the time limit passes, the courts will typically dismiss your case, and you may lose your right to seek compensation, even if you have a valid claim.

  • Impact on Settlement: Insurance companies are aware of these deadlines and may be less willing to settle if they know you are close to the statute of limitations running out.

  • Evidence Degradation: Over time, evidence can be lost, witnesses' memories may fade, and crucial information can become harder to retrieve, making it more challenging to build a strong case.

Why Don’t Attorneys Take Cases Close to the Statute of Limitations?

It’s not uncommon for attorneys to hesitate to take on a case that’s approaching the statute of limitations deadline. There are a few reasons for this:

  • Time Constraints: Preparing a solid legal case takes time. If the statute of limitations is only days away, the attorney may not have enough time to investigate, gather evidence, interview witnesses, and file the appropriate paperwork.

  • Potential Legal Pitfalls: Rushing to meet a deadline increases the risk of making mistakes. Attorneys want to ensure they provide the best representation for their clients, and accepting a last-minute case could compromise the quality of their work.

  • Risk of Dismissal: If a case is filed too close to the deadline, even a minor technicality or mistake in the paperwork could lead to the case being dismissed. Attorneys are cautious because they don’t want to risk harming a client’s chances of success.

Exceptions to the Statute of Limitations: When Do They Apply?

Exceptions to the Statute of Limitations: When Do They Apply?

Although the statute of limitations is a strict deadline, there are certain exceptions where the time limit may be extended. These exceptions are rare but can have a significant impact on personal injury cases.

1. The Discovery Rule:

In some cases, the statute of limitations doesn’t begin when the injury occurs but when the injury is discovered. This is particularly common in medical malpractice cases, where the patient may not realize they’ve been harmed until long after the actual procedure or treatment. 

For example, if a surgeon leaves a foreign object inside a patient’s body, the statute of limitations might start when the object is discovered, not on the day of the surgery.

2. Wrongful Death Cases:

Wrongful death claims have a shorter statute of limitations—two years from the date of death. However, in some circumstances, this period may be extended. For example, if the cause of death is not immediately apparent or if you suspect any foul play, the statute may be paused until the true reason is discovered.

3. Cases Involving Fraud :

If the defendant intentionally hides evidence or conceals their wrongdoing, the statute of limitations may be "tolled" or paused. This can happen in cases where the responsible party goes to great lengths to avoid detection or liability, making it harder for the injured party to realize they have a claim.

4. Minors or Mentally Incapacitated Individuals:

For individuals who are under the age of 18 or mentally incapacitated at the time of the injury, the statute of limitations may be extended. In these cases, the time may not start until the individual turns 18 or regains mental competency.

Why Do Attorneys Prefer to Take Cases Early?

Why Do Attorneys Prefer to Take Cases Early?

Attorneys often prefer to take cases well before the statute of limitations is near for several important reasons:

  • Thorough Investigation: The earlier an attorney can get involved, the more time they have to investigate the incident, gather evidence such as police reports, and witness statements, make sure that medical records are documented after the injuries, and build a strong case. Therefore, you get the maximum compensation for your loss. 

  • Securing Evidence: As time passes, evidence may disappear or degrade. By starting early, attorneys can ensure that key pieces of evidence such as surveillance footage, witness testimony, and medical records are collected before they become unavailable.

  • Client Preparation: Personal injury cases often require clients to undergo medical evaluations, depositions, and other formalities. The more time available, the better prepared both the attorney and the client will be for trial or settlement negotiations.

  • Maximizing Settlement Opportunities: Insurance companies often take cases more seriously when they are filed well before the deadline. Early filing shows that the attorney is prepared and committed to seeking justice, which can lead to better settlement offers.

Wrapping Up

Understanding the statute of limitations for Florida's personal injury and car accident cases is crucial for anyone seeking compensation. Whether you’re dealing with a four-year limit for most personal injury claims or a shorter two-year period for wrongful death cases, the clock is always ticking. 

If you or a loved one has been injured in an accident, it’s recommended that you act quickly. You can contact our expert personal injury attorney here, carterinjurylaw.com. Don’t wait until it’s too late, consulting with an attorney early on ensures that your case has the best chance of success.

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Car Accident November 17, 2024

How to Maximize Your Car Accident Compensation in Florida

Unfortunately, car accidents have become a common occurrence in Florida. According to a recent report, every year more than 400,000 car accidents happen on the busy roads of Florida. And more than 40% of such accidents lead to injuries. Even if you are careful on the road and follow the traffic rules while driving, car crashes still happen. So, it's clear that driving can be risky in this state. 

Individuals involved in car accidents need to know how to reduce their financial burden and ensure a quick recovery. Getting fair compensation helps injured people cover their medical bills, car repairs, and other expenses. So, here are some strategies that would be beneficial to maximize your compensation after a car accident in Florida.

What steps should you take after a car accident?

If you are ever involved in a car accident, you have to understand the actions to be taken immediately. This can help reduce the damages and potential financial recovery after a collision.

  • Don't leave the scene of the accident. If possible, move your car to a safe position near the road. 

  • Call the police at 911 to file a police report to document the accident. 

  • Seek immediate medical attention from medical providers, including the ambulance and the hospital and/or urgent care. Tell them everything that's hurting you. 

  • After seeking medical help, report the claim to the insurance company. 

How can you get compensation after a car accident?

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You should follow the steps below to get compensation after a car accident.

  • Communicating with the insurance companies: You or your attorney has to contact your insurance company. They should cover expenses for medical treatment and potentially other damages. It’s best to have your attorney’s office report the claim or at least have your attorney on the phone when you report the claim. You should not speak with the insurance company for the other driver; your attorney should handle this for you and all communications should go through your attorney’s office.

  • Hiring an attorney: The auto insurance companies are likely not looking out for you. If they offer you a quick settlement of a few thousand dollars, you should be suspicious. An experienced personal injury attorney can help you determine if they are being reasonable or trying to sneak something by you.

  • Pursuing a personal injury claim: Even if the insurance company rejects your claim, you can get help by filing a personal injury claim through an attorney's office or on your own.This can include writing demand letters to settle the claim to the at-fault driver’s insurance company as well as your own insurance company. This can also require filing a lawsuit against the at-fault driver and/or your own insurance company.

What compensation does a car accident victim get in Florida?

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When someone is injured due to a car accident, the victim needs to explore their legal options. This is important to ensure complete compensation for the losses sustained. So, what compensation do they get after a car accident?

  • Healthcare benefits: This type of compensation covers past and future medical expenses resulting from the accident.

  • Lost wages: This is the compensation given to injured people for income lost due to injuries.

  • Damage of property: Damage to a vehicle, whether it is repairable or a total loss, needs to be taken into account. Likewise, children’s car seats, aftermarket add-ons, bicycles, glasses, and other damaged property are all compensable losses.

  • Pain and suffering: Compensation that is given to compensate for the pain and suffering of the injured person. This can include living in pain and difficulty sleeping at night, and should account for not only past pain and suffering, but also future pain and suffering. 

  • Loss of enjoyment of life: This is compensation that is awarded to an injury victim for their ability to participate in hobbies or activities having been affected by an injury. It can also include the emotional or psychological impact an injury can have on a person’s life. 

  • Mental anguish: Compensation for the mental pain or distress caused by a motor vehicle collision. The National Highway Traffic Safety Administration provides useful information about understanding claims and compensation necessary after a car accident.

How does Florida's no-fault system work for car accident claims?

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Florida always follows the no-fault insurance system in the case of car accident claims for injuries and damage. According to this no-fault system, after facing a car accident, you must file a claim with your own insurance provider. It does not matter whether you or someone else is responsible for the accident. 

  • Personal Injury Protection (PIP): All the drivers in Florida have PIP insurance, which covers up to $10,000 for medical expenses and lost wages. This system is applicable for all the drivers, it doesn't matter who caused the accident. According to this PIP insurance policy, you will get 80% of medical bills up to $2,500 from the insurance provider. This rule is applicable If you don't have any emergency medical conditions. If someone dies due to the accident they will get up to $5,000 for funeral expenses. 

  • Property Damage Liability (PDL): People who drive in Florida, must also have a PDL insurance. If you are at fault in the accident, the PDL insurance covers the damage to other people's property. 

  • Taking legal action: If the accident left you with a permanent injury, you can take legal action against the person who caused it. This can help you get more compensation than what your PIP insurance provides. 

So, what are the benefits and downsides of Florida’s no-fault insurance system?

Florida's no-fault system is specially designed to ensure that everyone gets a certain amount of coverage immediately after an accident. Since Florida is a no-fault state, you can file a claim from your own insurance.

Benefits of no-fault insurance:

  • You can still get compensation even if the other driver does not have insurance or drives away quickly after the accident.

  • If you deal with your own insurance provider, the process will be faster.

  • It can help cover some of your medical expenses and lost wages comparatively faster. 

  • If you have any emergency medical condition, you will get up to $10,000 of compensation.

Drawbacks of no-fault insurance:

  • It may not cover all your health expenses or lost income.

  • Your insurance cost may increase after an accident.

  • The person responsible for the accident may not face any serious consequences as a punishment.

  • If you don't have a permanent injury, you will not get compensation for pain and suffering or loss of enjoyment of life.

How can you build a strong case to maximise your compensation?

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You can build a strong case to receive better compensation by documenting your injuries. So, you have to gather all the documents carefully and submit them to the insurance company. You have to follow some steps to build a powerful case for your claim. 

  • Documenting the medical records and accidents: You need to keep a detailed record of every cost related to the accident. These include medical bills, vehicle repair costs, and other expenses. Keeping the records of each expense will help you prove how the accident affects you financially.

  • Gathering evidence: You have to collect as much information as possible from the spot right after the accident. Try to take photos and videos of the damage. Besides that, note down the contact information of any witnesses. If the accident occurs due to the fault of another vehicle, record the fault admission statement of the driver. 

  • Maintaining records: Keep track of the record of your pain and the treatment you are going through due to the injury. These documents will demonstrate the ongoing impact of the accident in your life. So, you have to maintain the records carefully to strengthen your claim.

  • Bonus tip: Never share the accident details with others. Try to avoid admitting faults to them as well, because these can have a detrimental effect on your case. 

What factors should you look at when hiring an attorney?

If you want to get fairly compensated for your injury, you need to consult with an experienced personal injury attorney. Make sure that you hire an attorney or consult with an attorney who knows personal injury claims. Look for an attorney who communicates with you from time to time and evaluates your case fairly. If they are not communicative to you, they won't understand your situation, and what you are going through.

How can an experienced attorney help you get fair compensation?

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Consulting with an attorney can help you get fair compensation and make the legal process easier for you. A car accident attorney who has expertise in personal injury claims can help you in many ways:

  • Getting more money: An attorney understands how to fight for the best compensation after a car accident for your injuries and damages. Studies show that those who consult with an attorney, get around 3.5 times more money than people without legal help.

  • Investigating the accident: Your attorney can help you collect the necessary evidence like medical records, witness statements, and police reports. He can support your case by investigating the accident and collecting the documents.

  • Dealing with insurance companies: Attorneys know how to negotiate with the insurance providers for your case. They work their best to help you get the fair settlement and the best compensation that you deserve.

  • Representing you in court: If the insurance company does not provide you with the right settlement, your attorney can represent you at court. As a consequence, you can easily fight for your compensation.

  • Ensuring high settlement: An attorney will try to ensure that you are fully compensated with future healthcare costs and other expenses. Since they understand the legal steps properly, they will help you avoid accepting a low settlement.

  • Protecting your rights: They can help protect your rights and make sure that the insurance providers do not reject your claim.

  • Starting a lawsuit process: Sometimes car accidents can take place due to an intentional attack or careless driving. This type of wrongful act may cause serious harm or death.   Attorneys can help you take legal steps in such situations.

Wrapping up

By following some of the steps we have given you here, you can maximize your compensation from a car accident. Still, if you have any queries, you can leave a comment. We will reach out to you at the earliest possible time. Don't forget to share this informative discussion with others, who are concerned about maximizing their compensation after getting injured. If you face any kind of problem about getting money after having a car accident, share your story with us. 

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Car Accident November 17, 2024

Can I Switch My Car Insurance Company During a Personal Injury Case?

One of the most frequent questions we hear is, 'Can I switch my car insurance company while my personal injury case is ongoing?' The short answer is yes, you can. You have the flexibility to change your insurance provider at any time.

Even if you switch companies, your previous insurer is still obligated to handle your claim as long as your policy was active when the accident occurred.

People normally want to change their insurance company for 3 main reasons:

  • You are frustrated with poor communication or service from your insurance adjuster during a property damage claim. 

  • You find better coverage or a more reputable claims handling process with another insurance company after consulting with a personal injury attorney.

  • You cancel your policy after an accident because you no longer own the vehicle or asset that was covered.

If you want to change your current insurance company because of these reasons or for any reason, yes you can change. But before switching there are some important things you have to keep in mind:- 

Key Considerations When Switching Insurance Companies

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There are a few things to think about when you do it. Here is what you need to consider- 

Coverage on the Day of the Accident

You switched insurance companies the next day, your previous insurer still has to cover you for that accident because you had coverage on the date of the accident.

Challenges with Open Claims

Nevertheless, there are challenges to consider when seeking a new insurance company. If you have an open claim with your current provider, it might be challenging to find a new insurer. Therefore, it is crucial not to drop or cancel your current insurance company before you find and secure a new insurance company.

Gap in Coverage

One crucial point to keep in mind – Is there any gap in coverage between the two plans? If there is a gap, the new insurance company may see you as a higher risk during underwriting. Because this coverage gap means you have been uninsured for a period of time.   

Let's say you are driving uninsured during this gap. What would happen? Definitely, you would be breaching the law as your car is not insured. If there is any accident, you will be liable for any damage to your vehicle and may face legal repercussions.

So how can you avoid this from happening? When you go shopping with these new insurance companies, make sure to check if their rates are reasonable. Also, ensure that the new coverage is similar to your current one. Most importantly, bind and secure the new policy before dropping the previous one. 

This is how you can get a new insurance policy, and cancel your old one. Also, you will not be considered an uninsured one. 

Switching Insurance Providers – How it Impacts Discounts and Claims Processing

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Before binding a new policy, it is crucial to investigate thoroughly. If you combine your vehicle and home coverage with the same provider, you may qualify for discounts on both policies. However, if you discontinue your car coverage, you might lose these discounts and end up paying more for your home insurance.

As long as your policy was active at the time of the accident, switching insurance providers will not affect your claim. Your new insurance company will take responsibility for covering your claim, and your previous insurer will be relieved of any future obligations.

However, it is important to note that switching insurance companies may cause delays in the claims process. The new insurance company must first assess the accident and the current claim before accepting it. This process can take some time, potentially delaying the receipt of the funds you are entitled to.

Insurance Rates – What Happens When You Switch

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Many individuals are concerned about whether their insurance premiums will increase or if their insurance company will retaliate against them for filing a claim. It is important to understand that insurance companies are regulated entities and must adhere to specific guidelines and laws. While it is possible for premiums to rise after a claim, this is typically based on risk assessment and claims history rather than any form of retaliation.

For example, if you are not at fault for an accident and have only filed one claim in five years, your rates may not increase because you are not considered a high-risk individual. In this case, the company may not raise your rates if you are already being charged market value.

However, if you have filed multiple claims in a short period, such as five claims in the past three years, or are found at fault for an accident, your insurer is more likely to raise your rates due to the higher risk. Accidents that result in points on your license also typically lead to higher premiums.

Consulting a Personal Injury Attorney

Even if you are not at fault for an accident, it is important to consult with an attorney to ensure you are fully and fairly protected. If you have been in an accident and are considering switching insurance companies, you are entitled to do so, but it is crucial to understand the implications. Be sure there are no gaps in coverage, and consider the potential impact on your claim.

If you have any questions or concerns regarding car accident claims or personal injury cases, contact Carter, a personal injury attorney. You can reach him at (813) 922-0228. He will guide you through the process, helping you avoid pitfalls and keep your insurance rates from skyrocketing.

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