Frequently Asked Questions on Auto Accidents

In this Section:

What are my legal rights if someone injures me?

When you are injured due to someone’s negligence, you have the right to be compensated for your damages.  The at-fault party has the legal obligation to compensate you for past and future medical expenses, past and future loss of income, funeral expenses, transportation costs to and from your medical treaters, and any other out of pocket expenses related to your injuries.  These are called “economic damages”.

You also have the right to be compensated for your “non-economic damages”.  Non-economic damages are the emotional damages such as pain and suffering, loss of the capacity to enjoy life, mental anguish, disfigurement and scarring, and inconvenience that flowed from your injuries.  If married, your spouse would also have the right to pursue a claim for loss of consortium, which seeks compensation for the negative manner in which the at-fault party’s negligence affected the marriage.

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Who pays my medical bills if I am in a car accident?

Florida requires all drivers to carry $10,000 in Personal Injury Protection (PIP) to pay for their own medical bills and for lost wages resulting from a car accident no matter whose fault it is.  If you are in compliance with the law, then you have PIP insurance.  So the answer is: your own auto insurance pays for your medical bills regardless of who is at fault.  However, PIP coverage is limited, and you would have a claim against the at-fault driver for any medical bills not paid by your PIP insurance. 

Who pays my lost wages if I am in a car accident?
Florida requires all drivers to carry $10,000 in Personal Injury Protection (PIP) to pay for their own medical bills, and for their lost wages resulting from a car accident no matter whose fault it is.  If you are in compliance with the law, then you have PIP insurance.  So the answer is: your own auto insurance pays for your lost wages regardless of who is at fault.  However, you would have a claim against the at-fault driver for any lost wages not paid by your PIP insurance. 

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Who pays for the repair of my vehicle when I am involved in an accident?

It depends on who is at fault.  If the accident is your fault or nobody’s fault, then you pay for the repair of your car.  You would do that out of your own pocket or through your auto insurance IF you carry collision protection.  Florida does not require drivers to buy collision insurance so you may not have collision insurance unless you specifically asked for that.  On the other hand, all lending institutions require collision insurance to protect the vehicles they are financing.  So if you are financing your vehicle, then you probably have collision insurance.

If the accident is someone else’s fault, then the negligent driver is responsible for the repair of your vehicle.  If the car the negligent driver drove is owned by another person, then that owner is also responsible for the damage.  Therefore, you can have your car repaired through their insurance companies (Florida does require that type of insurance).  You can also have the repair done through your own auto insurance IF you have collision coverage.

There are pros and cons for going either way, which we will gladly discuss privately.   Whichever way you go, you will agree that it is always better to have a choice.  So make sure you carry collision insurance for your vehicle.

How do I protect myself from drivers without insurance?

That is a very real and valid concern.  Due to the difficult economic situation we face today, many drivers are only buying the minimum insurance required by law, or going without any insurance at all.  Remember that Florida does not require drivers to carry insurance against personal injury claims.  That means that if you are involved in an accident, the driver-at-fault could very well not have any insurance to compensate you for the injuries he or she caused.

You can protect yourself by making sure you purchase uninsured/underinsured motorist protection (UM/UIM) from your auto insurance agent.  With this type of coverage, you can turn to your insurance company for compensation when the at-fault driver does not have insurance, or not enough insurance, to cover your damages.  We will be more than happy to review your insurance policy to see if you carry this valuable protection free of charge.

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Is there any risk to lending your car to someone?

Yes.  Next time you want to lend your car to a friend or relative, remember the "Dangerous Instrumentality Doctrine".  This doctrine stands for the proposition that if you lend your vehicle to someone and that person causes an accident while driving, then you are also responsible for any damages resulting from that accident.  That is the law in Florida.  All that matters is whether you gave your permission for that person to drive your vehicle.  If you did, then you are on the hook.  So, think twice before deciding whether to lend your car.

What are the top causes of car accidents?

Here are some top car accident causes.  Keep them in mind and avoid them while driving so you can get home alive.

  • Driving under the influence.
  • Speeding
  • Driver distractions: use of cell phones, computers, and other gadgets; and activities such as eating, smoking, applying make up, and shaving while driving.
  • Rubbernecking.  We all know what that means, especially you rubberneckers.
  • Tailgating.  Following too close.
  • Mechanical failures.  Keep your vehicle in good repair: tires, engine, brakes, wipers, lights, etc.
  • Hazardous road conditions.  Plan your routes, and keep a proper lookout.

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How can I stay safe while driving in the rain?

The rainy weather brings with it a significantly greater incidence of traffic accidents.  Here are some tips that will help keep you safe on the road.  Keep in mind that this is not an all inclusive list.

  • Don't drive unless it is really necessary.  Can it wait until it stops raining?
  • Use your seat belt!  You should always do that.
  • Turn your headlights on! Need I say more?
  • Slow down! 
  • Be aware of what's going on around you!  Maintain a proper lookout.
  • Brake early! Avoid slamming on your brakes.
  • Stay in the middle lanes!  There is less water pooling in these lanes.
  • Keep a proper following distance!  Use the 4 second rule.

What is a safe amount to drink?

It is a well known medical fact that the liver metabolizes about one ounce of alcohol per hour.  However, there is no such thing as a “safe” amount to drink when it comes to alcohol.  The safest and most prudent approach is if you drive, don’t drink; and if you drink, don’t drive. 

What is a safe following distance while driving? 

One way to keep safe while driving is by maintaining a safe following distance.  You can be sure you are doing just that if you follow the "3-second rule." 

To determine the right following distance, first select a fixed object on the road ahead such as a sign, tree or overpass. When the vehicle ahead of you passes the object, slowly begin counting "one one thousand, two one thousand, three one thousand." If you reach the object before completing the count, you're following too closely. Following this rule will provide you with the time and distance needed to handle problems that may arise ahead of you.

Change the 3 second rule to 4 seconds for added safety in heavy traffic, at night, or with inclement weather. Keep safe.

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Which vehicles are the safest in a crash?

Each year, the Insurance Institute of Highway Safety evaluates how well vehicles perform in front, side, rear, and rollover crashes.  The best rated vehicles that were the recipients of the Top Safety Pick Awards for 2010 are as follows:

  • Subaru Impreza (small car)
  • Honda Element (small SUV)
  • Buick Lacrosse/Lincoln MKS (large car)
  • Mercedes Benz C-Class/Subaru Legacy (midsize car)
  • Subaru Outback (midsize car/wagon), and
  • Dodge Journey/Volvo XC60/Subaru Tribeca (midsize SUV).

Which cars are least safe in a crash?

Here is the list of the vehicles that performed poorly in the 2010 Insurance Institute for Highway Safety's simulated crash testing per category:

  • MINICARS: 2009 Chevrolet Aveo, 2009 Hyundai Accent, and 2009 Kia Rio. 
  • SMALL: 2009 Volkswagen New Beetle, and 2010 Chrysler PT Cruiser. 
  • LARGE LUXURY: 2010 Infiniti M35/M45, and 2010 Cadillac STS. 
  • SMALL SUV: 2010 Ford Escape hybrid, 2009 Hyundai Tucson, and 2010 Jeep Wrangler.  
  • MIDSIZE SUV: 2009 Hummer H3, and 2009 Kia Sorento. 
  • MINIVAN: 2009 Nissan Quest, and 2010 Toyota Sienna.  

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On which day of the week do most traffic accidents occur?

Most traffic accidents occur on Saturdays.  You can stay safe Saturdays and any other day by wearing your seat belt, by driving at a speed appropriate for the existing weather and road conditions, and by paying attention to the road.  Don’t forget that 95% of traffic accidents happen due to human error.

What is hydroplaning?

Hydroplaning occurs when a layer of water on the road prevents direct contact between the tires and the road surface, causing the driver to lose control of the vehicle which could result in an accident.

Hydroplaning can occur on any wet surface, but the first ten minutes of a light rain is the most dangerous.  Fortunately, there are some things that you can do to avoid hydroplaning and stay safe.  There are:

  • Keep tires properly inflated and rotated. 
  • Slow down in the rain. 
  • Avoid driving in the outside lane where water accumulates the most. 
  • Avoid hard braking, 
  • Avoid sharp or quick turns.  You can go to SafeMotorist.com for more information.

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