Tampa’s beautiful weather and scenic beaches attract numerous tourists and locals alike, but unfortunately, the city’s roads are not immune to accidents. If you are involved in a car crash caused by another driver’s negligence, you may feel overwhelmed and unsure about what steps to take next. One of the most critical aspects of your recovery process is filing an insurance claim against the at-fault party. This helps you recover the compensation you need to cover your medical expenses, lost wages, and other damages. How to file insurance claim against other driver?
At Jurewitz Law Group Injury & Accident Lawyers, our experienced Tampa car accident attorneys have helped countless clients navigate the complex claims process and fight for the maximum compensation they deserve. We understand each case is unique and tailor our strategy to your story and needs for the best outcome.
The Impact of Florida’s No-Fault Insurance Laws on Your Claim
Florida and a few other states operate under a no-fault car insurance system. This system mandates that drivers have Personal Injury Protection (PIP) coverage. PIP insurance compensates for medical expenses and lost wages following an accident, regardless of fault. While intended to expedite medical care for accident victims, this system also poses challenges for pursuing claims against the other driver.
You will usually initiate a claim with your own PIP insurance first. This insurance covers up to 80% of your medical bills and 60% of your lost wages, within your policy limits (which must be at least $10,000 under Florida law). PIP benefits exclude non-economic damages such as pain and suffering; however, they might not fully compensate you if you have sustained severe injuries.
To step outside the no-fault system and pursue a claim against the at-fault driver, you must demonstrate that you have suffered a “serious injury” as defined by Florida law. This may include:
- Permanent and significant loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Death
If your injuries meet the threshold, you can file a claim against the at-fault driver’s optional Bodily Injury Liability (BIL). If BIL is insufficient, you may need to use your own Uninsured/Underinsured Motorist (UM/UIM) coverage or consider a personal injury lawsuit.
Comparative Negligence and Its Effect on Your Compensation
Another important aspect of Florida car accident claims is the state’s comparative negligence law. Under this law, your compensation may be reduced if you are found to be partially at fault for the accident. If a jury determines that you were 20% responsible for the crash, your damages will be reduced by 20%.
Insurance companies often shift blame to minimize their policyholder’s liability. An experienced Tampa car accident lawyer can gather evidence and build a strong case.
Dealing with the Insurance Company: Tactics to Watch Out For
How do I claim on other drivers’ insurance? When pursuing an insurance claim against another driver, it’s crucial to remember that the other driver’s insurance company aims to safeguard their bottom line rather than ensuring you receive rightful compensation. Insurance adjusters employ various tactics to reduce payouts, such as:
- Requesting a recorded statement: The adjuster may ask you to provide a recorded statement about the accident. They might then claim it will help speed up the claims process. However, they may use this statement against you later to shift blame or downplay the severity of your injuries.
- Asking for access to your entire medical history: The insurance company may request that you sign a blanket medical authorization. They may then try to use this information to argue that your injuries were pre-existing or not caused by the accident.
- Making a lowball settlement offer: The adjuster may offer a quick settlement soon after the accident before you can fully assess your injuries and vehicle damages. These offers are often far lower than you deserve, and accepting them can prevent you from seeking additional compensation later.
- Dragging out the claims process: If the insurance company knows you have a strong case, they may delay the process. Then, they may request extra information, ignore calls, or offer low settlements to frustrate you into accepting less.
- Hiring private investigators: In some cases, the insurance company might hire a private investigator to follow you. They will also document activities that could suggest you’re exaggerating your injuries.
At Jurewitz Law Group Injury & Accident Lawyers, we have seen all these tactics and more and know how to fight back against them. When you collaborate with our team, we will manage all communication with the insurance company on your behalf, safeguarding your rights and advocating for your interests throughout the process.
Don’t Face the Insurance Company Alone — Contact a Tampa Car Accident Lawyer Today
If you’ve been injured in a Tampa car accident caused by another driver, don’t handle the insurance claim alone. The experienced car accident attorneys at Jurewitz Law Group Injury & Accident Lawyers will guide you through the process and fight for the compensation you deserve.
We offer free, no-obligation consultations to all potential clients. You can learn more about your rights and options without any upfront costs. If you choose to work with us, we will handle your case on a contingency fee basis. This means you won’t owe us anything unless we recover compensation for you.
Don’t wait to get the help you need — contact Jurewitz Law Group Injury & Accident Lawyers online or at (619) 233-5020 to schedule your free consultation with a Tampa car accident lawyer. We are here to listen to your story, address your inquiries, and offer the skilled legal representation necessary for you to progress with your life following a severe crash.
