No-fault auto insurance laws in Florida mean, after a rear-end crash, you can recover compensation for some of the damages you suffered through your own insurance company. This coverage is usually enough if you suffered minor or moderate car accident injuries. However, if you suffered a serious injury, you will likely need to try to recover compensation from the at-fault driver. A rear-end collision accident and injury lawyer in Miami, FL, can help you fight for the additional compensation you deserve.
At the Law Offices of Anidjar & Levine, our car accident lawyers in Miami can evaluate your case and explain your legal options for compensation after this type of car crash. If you qualify to take action against the at-fault motorist, we can handle your claim for you. We will manage all communication with the driver and their insurance company, ensuring your rights remain protected. Call us today at 1-800-747-3733 for your free case review and consultation.
Recovering Damages From a Miami Rear-End Collision
There are generally two ways you may be able to recover compensation after another driver causes a rear-end crash in Florida. These include:
- Filing an insurance claim based on your own no-fault personal injury protection (PIP) policy; and
- Meeting the serious injury threshold outlined in state law, and filing an insurance claim based on the at-fault driver’s auto liability policy.
In every accident, you will first turn to your PIP policy. This is your only option for compensation to cover your medical bills and lost wages unless your injuries are serious. If you only had a few bumps and bruises, a broken bone, or a minor soft tissue injury, this might offer plenty of coverage. More serious injuries, however, can quickly eclipse the limits of most PIP policies. The state minimum coverage is $10,000.
To recover compensation above and beyond the limits of your own policy, you will need to show you suffered a serious enough injury that you qualify to hold the driver who hit you liable. If you can do this, you may be eligible to collect a wide range of economic and non-economic damages from the at-fault driver.
Once we complete a full investigation into your case, we can offer an estimate on the damages you might be able to recover. When we recover damages for our clients, they often include:
- Emergency transportation from the scene, if you took an ambulance after the car accident;
- Your emergency department visit;
- Inpatient care or outpatient treatment;
- Physical therapy;
- Pain relief and other prescription drugs;
- Lost wages;
- Vehicle repair costs, rental car costs, and compensation for your vehicle’s diminished value;
- Other out-of-pocket expenses; and
- Pain and suffering
While many rear-end collisions are minor, high-speed crashes can be deadly. If you lost a family member in a rear-end crash, we can offer you compassionate legal guidance and support. We know how to investigate fatal accidents and prove negligence and liability. We may be able to help you hold the at-fault driver who rear-ended your loved one accountable for your losses and expenses, including the pain and suffering your family member experienced.
Proving You Suffered a “Serious Injury” in a Miami Rear-End Collision
If you believe you may qualify to hold the other driver liable, do not hesitate to give us a call. We can determine your qualifications, investigate your crash, file your claim, and attempt to negotiate a fair settlement on your behalf.
The first step in taking action to hold the other driver liable is to confirm you meet the Florida “serious injury” threshold. During your free consultation, we can determine if your injuries qualify as serious. If we believe they do, we can confirm it during the investigation by requesting your medical records and collecting other evidence.
In general, your injuries qualify as serious if they cause:
- Death, now or in the future;
- A significant impairment of a body part, such as an arm or a leg;
- Permanent injuries leading to lasting impairments; or
- Significant scarring or disfigurement.
The Role of Negligence in Third-Party Auto Insurance Claims
Many people consider proving fault in a rear-end crash an afterthought. They assume the rear driver caused the crash, and that proving this will be easy. While the rear driver is at fault in most cases, it takes convincing evidence to prove it.
To win a third-party auto insurance claim after a rear-end accident, we must show the at-fault driver acted negligently and demonstrate how this led to your accident and injuries. Some of the most common careless, reckless, and unreasonable mistakes drivers make that lead to these accidents include:
- Speeding, or driving too fast for conditions;
- Following too closely, or too closely in wet or slick conditions;
- Drunk driving or driving while under the influence of drugs;
- Driving while drowsy, overworked, or fatigued;
- Falling asleep at the wheel; and
- Texting during a car accident or engaging in other distractions while driving.
We conduct a full investigation into every accident, collecting all possible evidence and enlisting the help of accident reconstruction specialists when necessary. After we complete our investigation into your crash, we can approach the at-fault driver’s insurance company with our evidence and demand fair payment. If the insurance company refuses to negotiate a settlement, we can file a personal injury lawsuit. We will represent you in court, present your case to the judge and jury, and request the financial award you deserve.
Contact a Rear-End Collision Accident and Injury Lawyer in Miami.
At the Law Offices of Anidjar & Levine, we offer free case evaluations to victims of Miami rear-end collisions. We can review the facts of your case and determine your options for compensation. Call us today, and let us go to work for you. You can reach our Miami car accident team at 1-800-747-3733.