FACT or FICTION? Vehicle Accident Claims Info You Should Know

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Is it FACT or FICTION?  Test your understanding of vehicle accidents and insurance claims — and what you need to if you are involved in a vehicle accident.  Grab a sheet of paper, and jot down your responses (FACT or FICTION) to the following statements.

  1. Florida has the same laws governing vehicle accidents as the rest of the 49 states.
  2. Drivers over 55 are more likely to cause accidents and consequently have higher insurance rates.
  3. Drivers who smoke typically have higher vehicle insurance rates.
  4. If the driver of another vehicle is at fault for causing a collision with your vehicle, you will be automatically entitled to compensation.
  5. It’s easy to manage your own vehicle accident claim.

Ready?

Here are the correct answers:

  1. Florida has the same laws governing vehicle accidents as the rest of the 49 states.

FICTION.  Vehicle accident laws vary by state.  One key difference among state law relates to whether the state uses at fault or no-fault laws.  Florida is a no-fault state.   This means that all drivers are required to carry Personal Injury Protection (PIP) benefits in their policies.  PIP covers medical care and other costs caused by the vehicle accident, regardless who was at fault.  Florida drivers can pursue an at-fault claim only if injuries resulting from the accident are deemed permanent.  Read more here.

Another important law to know is the statute of limitations for personal injury claims, or the period of time after an accident that someone can file for compensation.  In Florida, the statute of limitations for vehicle accident injuries is four years, but for vehicle accident fatalities, the statute of limitations is two years.

  1. Drivers over 55 are more likely to cause accidents and consequently have higher insurance rates.

FICTION.  Crash rates involving seniors only begin to increase gradually after age 70, with a substantial increase after age 85.  Moreover, drivers over 55 can qualify for special rates for mature drivers, especially if they complete a safe driving class.  On average, drivers over 55 are not more likely to cause accidents than most other age groups and consequently have similar or lower rates.

  1. Drivers who smoke typically have higher vehicle insurance rates.

FICTION. Actually, most vehicle insurance plans don’t even ask whether the driver smokes or not.

  1. If the driver of another vehicle is at fault for causing a collision with your vehicle, you will be automatically entitled to compensation.

FICTION. There is no automatic entitlement to compensation.  In order to receive compensation, you must prove that the other driver was negligent, caused an injury to you and/or other passengers, and that the compensation claimed is the money spent or owed as a direct result of injuries suffered from the accident.   

  1. It’s easy to manage your own vehicle accident claim.

FICTION. Navigating the legal process can be tricky.   In order to properly file a claim, one must accurately complete and submit the claim, provide proper documentation aligned with all state laws, determine whether the case will be handled in court, negotiate with insurance providers, and meet all deadlines.

How did you fare?  Leave a comment below and tell us your score.  Feel free to pass along this simple but important quiz to friends and family.

Goldman & Daszkal, P.A.

Since 1990, Goldman & Daszkal, P.A. has provided reputable legal representation to people throughout Palm Beach, Broward, and Miami-Dade Counties.  The firm has helped thousands of individuals recover compensation from motor vehicle and boating accidents, slip and fall accidents, product defect and liability cases, pharmacy errors, and negligent security cases to cover medical expenses, pay bills, take care of their families, and return to work.  Goldman & Daszkal, P.A. can help you get the relief you need to start living your life again after a serious injury.  For a free and confidential consultation, contact Goldman & Daszkal, P.A., at (954) 428-9333.

 

 

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