Auto Accidents and Personal Injury FAQ

Auto Accidents and Personal Injury

Jerry Jenkins practices auto negligence cases throughout the State of Florida. He has offices in Clermont (Lake County) and Orlando (Orange County). These FAQs are intended for informational purposes and are not a substitute for legal advise for your particular situation.

Q: What if the at fault party fled the scene after the accident?
A: If you were unable to get the vehicle registration information and the cops can not track the person down, you can still pursue a claim for your injury if you have Uninsured Motorist.

Q: What is uninsured or underinsured motorist (“UM”) coverage?
A: This insurance is optional to your premium. Its benefit far outweigh the costs. If another driver is uninsured or doesn’t have enough insurance to cover your injury claim then your own insurance would kick in to cover. Without this coverage, there is no insurance to pay what your claim is worth.

Q: What if I’m injured from the accident and don’t want to be transported by ambulance?
A: If you are injured at the scene and intend to seek medical attention, you should be transported by ambulance. This insures you get the correct medical assistance. Additionally, this shows an immediate onset of pain.

Q: How long do I have to seek medical attention?
A: You should seek medical attention as soon as you need it. However, for Personal Injury Protection you will have to seek treatment within 14 calendar days.

Q: What is Personal Injury Protection (“PIP”)?
A: PIP is Florida’s No-Fault statute. It really doesn’t mean no-fault. It does mean that your own insurance company pays a portion of your medical bills. Everyone with insurance is required to carry PIP.

Q: What is bodily injury insurance?
A: Bodily Injury insurance is the insurance that pays for pain an suffering, medicals above PIP and any other legal claim. Bodily Injury is NOT required in Florida. If a person does not have bodily injury then you may be stuck with any medical bills that are not covered by PIP.

Q: What steps should I take after an automobile accident?
A: See Here

Q: When should I seek an attorney if I’ve been involved in an accident and was suffered an injury in Florida?
A: As soon as possible. An attorney will be able to explain your rights and make sure you are fairly compensated for your injuries.

Q: What if after my accident I missed time from work?
A: You will have to provide proof of missed work but will be compensated.

Q: What if I while a pedestrian in Florida I was struck and injured by a vehicle, what are my options?
A: You would have a claim against the other party and their insurance carrier. Your Personal Injury Protection (PIP) benefits should apply and if they responsible party has no insurance or inadequate insurance then you can make a claim under your uninsured or underinsured motorists policy.

Q: If the other person was distracted by texting or other matters?
A: Ordinarily, there is a just negligence but in some instances there may be gross negligence such as when a driver is texting and driving or drinking and driving.

Q: If I was in an Uber, Lyft or other ride sharing service, what insurance coverage is available for my auto negligence claim in Florida?
A: Possibilities include your insurance, the party at fault and the driver’s insurance.

Q: What insurance should I carry on my car, truck, or motorcycle to make sure I’m adequately protected in case of injury due to a car accident?
A: In Florida automobile insurance is required to operate a motor vehicle. Personal Injury Protection is required, as well as Property Damage. I highly suggest that you purchase as much Bodily Injury insurance for your Florida vehicle that you can afford. If you own the automobile you don’t have to carry Collision or Comprehensive Insurance. Also, I recommend purchasing Uninsured Motorist Coverage. If you have more than one car I suggest “stacking” otherwise non-stacking is sufficient. You would need to speak to an Agent and Attorney prior to picking insurance coverage to get a better understanding.

Q: When should I seek an attorney if I’ve been involved in an accident and was suffered an injury in Florida?
A: As soon as possible. An attorney will be able to explain your rights and make sure you are fairly compensated for your injuries.

Q: What if after my accident I missed time from work?
A: You will have to provide proof of missed work but will be compensated.

Q: What if I while a pedestrian in Florida I was struck and injured by a vehicle, what are my options?
A: You would have a claim against the other party and their insurance carrier. Your Personal Injury Protection (PIP) benefits should apply and if they responsible party has no insurance or inadequate insurance then you can make a claim under your uninsured or underinsured motorists policy.

Q: If the other person was distracted by texting or other matters?
A: Ordinarily, there is a just negligence but in some instances there may be gross negligence such as when a driver is texting and driving or drinking and driving.

Q: If I was in an Uber, Lyft or other ride sharing service, what insurance coverage is available for my auto negligence claim in Florida?
A: Possibilities include your insurance, the party at fault and the driver’s insurance.

Q: What insurance should I carry on my car, truck, or motorcycle to make sure I’m adequately protected in case of injury due to a car accident?
A: In Florida automobile insurance is required to operate a motor vehicle. Personal Injury Protection is required, as well as Property Damage. I highly suggest that you purchase as much Bodily Injury insurance for your Florida vehicle that you can afford. If you own the automobile you don’t have to carry Collision or Comprehensive Insurance. Also, I recommend purchasing Uninsured Motorist Coverage. If you have more than one car I suggest “stacking” otherwise non-stacking is sufficient. You would need to speak to an Agent and Attorney prior to picking insurance coverage to get a better understanding.