Miami Car Accident FAQs | Steinger, Greene & Feiner

What should I do after an auto accident?

two men evaluating the damage of their cars after a car accident in miami

An auto accident can be very traumatic and injuries can be sudden or come on shortly after. The following is a quick guideline of steps to take after an automobile accident.

If anyone was injured, call 911 and ask for medical help. The 911 operator will contact the police and send paramedics as well.
If possible, move the vehicles involved out of the lanes of travel and out of oncoming traffic in order to avoid any subsequent accidents.
Remain on the scene until the officers advise you that you may leave.
Provide the requested information to the police. Ask for a copy of the police report and take down the officer’s name and badge number.
ALWAYS collect the following information from the other people involved in the accident:
- Names, addresses and telephone numbers.
- Insurance company name and policy numbers
- The involved persons driver’s license numbers
- All pertinent information from any eyewitnesses who were at the scene when the accident happened.
Take photos or videos of all of the vehicles involved in the accident. Documenting the damage to the vehicles can help at a later time to show how the accident happened and where the impact occurred.
Seek prompt medical attention; go to a hospital, urgent care or your primary care doctor to get evaluated as you may have suffered injuries that you do not even know you have yet.
While insurance companies may contact you to ask for a recorded statement or wanting you to fill out paperwork, DO NOT REPLY OR SIGN ANYTHING, until AFTER speaking with a Steinger, Greene & Feiner attorney to know your options. A lawyer can help you navigate your way through dealing with the insurance companies.

Timing is essential, so make sure to take prompt action and know your rights by getting help immediately.
What to tell insurance companies in an auto accident?

While insurance companies may contact you asking for a recorded statement or wanting you to complete paperwork, DO NOT REPLY OR SIGN ANYTHING, until AFTER speaking with a Steinger, Greene & Feiner attorney to know what your options are.

A Steinger, Greene & Feiner attorney can help you navigate your way through dealing with the insurance companies. The insurance companies have one goal in mind after an automobile accident, and that is to look out for their interests. A Steinger, Greene & Feiner attorney is hired to represent YOUR interests on your behalf. The words you speak in a brief conversation to an experienced insurance adjuster can easily be distorted, misquoted or taken out of context and used to hide the truth about what happened to cause your injury. Insurance companies use their financial resources for their benefit; do the same by using an experienced Steinger, Greene & Feiner attorney to represent you and be in your corner through this difficult time.

If you have been involved in an automobile accident, contact an experienced attorney at Steinger, Greene & Feiner today for a free consultation. You will pay nothing for our professional help until we recover compensation on your behalf.

What can you sue for in an auto accident?

In an automobile accident, you are suing for damages. These damages come in the form of economic damages. If you can prove the negligence of the at-fault driver caused your injury, economic damages can cover current and future medical costs along with loss of wages.

When suing for economic damages, you are limited to these Bodily Injury Insurance limits. If your injuries are in excess of these limits or if the at-fault owner or driver does not have Bodily Injury Insurance, your own policy may have what is called an “Underinsured Motorist or Uninsured Motorist Policy.” Underinsured Motorist or Uninsured Motorist Policies are insurance policies that provide you economic damages for the injuries you suffer as a result of an underinsured or uninsured at-fault driver.

If you were injured in an automobile accident, you can be entitled to economic damages. These injuries can have a lasting impact both physically and financially; therefore, you shouldn’t hesitate to take legal action if the at-fault driver was negligent. If you have been involved in an automobile accident, contact an experienced attorney at Steinger, Greene & Feiner today for a free consultation. You will pay nothing for our professional help until we recover compensation on your behalf.

How is pain and suffering calculated in an auto accident?

After your accident, the insurance companies will calculate your pain and suffering in order to figure out how much you are to be compensated. There are several factors used to determine pain and suffering, some examples include:

Severity of injury
Type of medical treatment
Length of recovery
Long term impairment

In order to receive compensation from insurance companies, you will be expected to prove the extent of your pain and suffering does, in fact, entitle you to collect damages. You would be well advised to provide the following documentation to the insurance company as soon as you can after your injury:

The medical records and bills
The injured party’s recollection of the events
Mental health provider’s opinions
Written opinions or research from experts

Cases may vary dependent upon the circumstances listed above. There is no set percentage of what factors weighs more than others. Insurance companies tend to be difficult to negotiate with on your own; therefore, you will benefit from having a lawyer on your side. If you were involved in an automobile accident, contact an experienced attorney at Steinger, Greene & Feiner today for a free consultation. You will pay nothing for our professional help until we recover compensation benefits on your behalf.

How is fault determined in a car accident in Miami?

In general, the driver responsible for the accident is considered at-fault. The police report plays a key role in determining what happened. The police report gathers the versions of what transpired from each party, any witness recollections, assesses the damage and then uses the information gathered to make a determination as to who is at fault. State your version of the events as they occurred and let the police officer determine fault based on the evidence at the scene as the officer sees them.

Before the police arrive, you would be well advised to gather whatever evidence of the accident you can. Such evidence includes photographs of the damaged areas on each vehicle, information from the other party/parties involved, and witness accounts of what happened. Provide the police with this information when they arrive. It would also be wise not to admit fault for the accident, even if you feel you are at fault. There may be factors you aren’t aware of which authorities and insurers can use to determine fault.

How do I obtain a police report after a car accident in Miami?

A police report serves as one of the most important documents of record for a car accident. The information contained within the report can be used to assert the fault of another party and establish that your claim is legitimate, aiding your ability to obtain compensation for your injuries.

police officer writing a car accident report in Miami

Accident victims can obtain a copy of the initial police report almost immediately in some instances. They simply have to request a carbon copy from the officer who responded to the scene. This version of the document will contain the officer’s observations, the date and time of the accident, the road and weather conditions at the time the accident occurred, key witness statements, and a number of other critical facts.

The report may be added to pending further investigation and processing of the paperwork by the corresponding police department. Your traffic report may not be available until up to 10 days after the accident. These reports are only released to the general public after 60 days.

You can access the report via an online portal through the Miami-Dade Police Department website. Or, you can visit the Central Records Bureau for Miami-Dade County in person at 9105 NW 25th St., Doral FL 33172.

Will I need to go to court for my car accident case?

The majority of car accident injury cases are handled out of court through a settlement between a third-party liability (or no-fault) insurer and the injury victim. Very few of these cases actually proceed to a lawsuit, and very few lawsuits make it all the way to a jury trial. Many can be resolved through mediation, even if they proceed to adversarial litigation.

That said, Miami car accident lawyers will always be prepared to elevate your case to a lawsuit if required to help you obtain the full, fair compensation owed for your total damages. You will likely be requested to make a statement during deposition or testify during the trial if it reaches the point of a court hearing.

Ultimately, there is no way to predict whether your specific car accident case can be resolved out-of-court. Each case is unique, and unexpected developments can always occur. As such, your Miami car accident attorney will keep you advised as to your available options and the optimal ones for you to take.

What if the car accident was partially my fault?

The state of Florida follows “pure comparative fault rules.” These laws refer to the fact that personal injury victims (and tort plaintiffs in general) still have the standing to seek compensation even if they are found partially at fault for the accident that injured them.

“Pure” comparative fault rules allow victims to pursue compensation so long as another party shares some proportion of fault, but the victim’s award is based on the percentage of the total assessed damages. This means that if a plaintiff was 99% at fault for their own accident, they can still seek a claim, but it will be reduced to 1% of its total value.

Your personal injury attorney will do everything they can to decrease your assessed proportion of fault so as to increase the maximum available compensation for your injuries.

Who pays my medical bills while my case is pending?

The majority of health providers in Miami require payment to be rendered at the time of service or discharge. Accordingly, you will be expected to pay for the costs of your own medical treatment until such a time as you are reimbursed by the appropriate insurer or at-fault party.

You have several options for payment available, including MedPay insurance, your Personal Injury Protection (PIP) insurance, and your own medical insurance policy. If you pay through these methods and later obtain compensation, your insurer will be reimbursed before you through a process known as subrogation.

In the event you don’t have available insurance, you can often work out a payment plan or arrange to delay payment with your medical services provider. However, ask an experienced car accident injury lawyer to review any payment agreements you make since many are not in the victim’s best interests and may waive their right to certain legal actions.

How long will it take to settle my car accident case?

All car accident cases take time to resolve, and there is no set way to predict the exact duration. Your Miami car accident lawyers will attempt to accelerate the claims process by sending out a demand letter. This document clearly outlines the legal basis of your claim and states the damages you want compensation for in clear terms.

Most insurers will attempt to settle what they consider to be a straightforward case in a matter of 2-3 months. If there is a dispute or the case must proceed to litigation (a lawsuit), then the case could take a year or longer.

How much does it cost to hire a car accident attorney in Miami?

Steinger, Greene & Feiner represents personal injury clients on a contingency basis, which means they do not pay for our services unless we successfully obtain them a settlement or court award. You will not pay up-front fees to discuss your case. Your eventual fee will be taken from a proportion of your total damages.

Is there a deadline for filing a car accident claim in Florida?

Florida laws set a statute of limitations for personal injury claims of four years from the date of the injury-causing incident. Courts will typically dismiss cases filed against insurers or allegedly at-fault drivers if the injury victim fails to file within this time period. Exceptions are possible, but they are rare.

The statute of limitations should be a motivator to speak with a qualified, experienced car accident attorney in Miami about your options for obtaining compensation as soon as you can.