The Law Offices of Jamie L. Allen, P.A. cares about you and your wellbeing. We know this can be a very trying and difficult time for you and your family so it is important to know what to do after an injury has been sustained.

Florida law requires the driver of any vehicle involved in an accident to immediately stop at the scene. You should make sure you do not block traffic any more than necessary.

If the accident involved an unattended vehicle or other property, you should attempt to locate the owner. If you cannot find the owner, then you are required to leave a conspicuous note, giving your name, address and vehicle registration number. You must immediately notify police of the accident.

If the accident involved an attended vehicle or property, both drivers must stop at or close to the scene, without obstructing traffic any more than is absolutely necessary.

The cars should be left where they came to rest unless they are blocking traffic. While it is important to protect the accident scene, obstructing traffic can delay the arrival of police or emergency vehicles or even cause another accident. For this reason, it is essential that you carefully note the positions of any vehicles involved in the accident that are obstructing traffic—and then move them.

The use of flares, flashlights, or your car's four-way flashers can help provide warning to other drivers of the accident scene.

Your first responsibility in the event of an accident with an occupied car or property is to find out if anyone is hurt. If someone is seriously injured, get an ambulance, rescue squad, or doctor immediately. You are required to provide the injured person all reasonable assistance, including attempting to obtain treatment for the injured or transportation to a doctor or hospital. However, you should not attempt to provide treatment for injuries yourself unless you are trained in first aid. Even with good intentions you may make the injury worse if you do not know what you are doing.

Try to stay calm. Do not refuse medical attention at the scene of the accident. It is always best to be examined by a medical professional to determine the extent of your injuries, even if you think they are minor. Victims are often in some form of shock after an accident. The shock can often mask serious injuries, and the injured may not feel any pain. Most people even deny being hurt because they don’t want to make a “big deal” out of the accident. This is a trick the insurance companies use against them when settlement time comes. The insurance companies claim “If your client was hurt in the accident, why didn’t he or she go to the doctor right away?” Don’t let them win this argument; get the medical attention you need as quickly as possible.

Make sure to file a Police Accident Report even if you think the accident is minor. Symptoms may arise days or months after the accident, therefore, it is vital to fully complete the report. You should not try to negotiate a payment agreement with the other parties to try to settle damages. Doing it on your own without a crash report from a law enforcement officer could result in your not being fully compensated for damages and can expose you to personal liability since no official report of the crash exists and circumstances become your word against theirs.

Written reports of accidents have to be made to the Division of Highway Safety and Motor Vehicles within ten (10) days after an accident which results in bodily injury to or death of any person or damage to any vehicle or other property of an apparent amount of at least $500.00 unless an investigating police officer has made a written report having been notified of such accident.

You are required by law to provide the other driver in an accident with your name, address, and vehicle registration number, and to let the driver see your license. You are entitled to the same. Always ask to see a driver's license, and copy down the number as well as his name and address. You are also required to provide the investigating officer with whatever information is needed to determine the cause of the accident. The statements you make to the officer alone to assist the investigation are privileged. If you are charged or sued, they cannot be used against you in court.

It is important to try to stay focused when talking about the accident. Please limit your conversation of the accident and do not discuss fault or liability with anyone other than the Police officer. You should confer only with the Police at the scene. Never personally confront an at fault party as you may be dealing with a violent individual.

With the exception of your exchange of required information, you should not comment on the accident. Keep your notes and opinions to yourself. Do not admit you were wrong or careless. Such admissions, made in the tension and excitement of the moment, may be accurate, but they could turn out to be costly. There is time to admit responsibility after the facts are all in if they clearly show you were wrong. If the accident was a serious one, you should consult a lawyer as soon as possible before arriving at any agreements with anyone, and before making any admissions. A plea of guilty to a traffic charge may sometimes be used against you in a lawsuit to establish your civil liability for damages.

Remain calm and get the names, addresses and phone numbers of everyone involved in the accident. It is extremely important to write down the description of the car, license plate number, vehicle identification number and auto insurance company information from the car that hit your vehicle. Please also note the driving conditions, speed limits, traffic, weather and what the vehicles were doing at the time of the accident. Take your time and write down All the Facts you can acquire.

Sketch a diagram of the scene, pace off distances, and note skid marks, broken glass, positions of the cars, and locations of damage. If you have a camera with you, take photos of the scene. Try to clarify what happened in your own mind while events are still fresh. Write down all you have noted as you will forget a great many details in a short period of time.

Get the names and addresses of all the witnesses you can. Attempt to have them write down or at least state to you what they know, at the scene. Keep a pencil and pad in your car so you will be able to make necessary notes.

After you have assisted the injured, obtained identification from the other driver, provided your own name, address and identification, gotten the names of witnesses, studied the scene so that you know what happened to cause the accident, and assisted the investigating officer, you are free to go. You should ask for the officer's permission to leave prior to doing so.

Call your agent or insurance company’s 800 number immediately. (The telephone number is usually located on your insurance card.) Sometimes the Police officer can assist in giving your insurance company more accurate information under the circumstances. This can save valuable time with processing your claim. Do take and keep detailed notes of all conversations with your insurance company representative. Get the names, phone numbers, and job titles of people you speak with, including their supervisors name. Be honest with your insurance company. Failing to be candid with your insurance company might invalidate your policy or cause a denial of coverage.

You have a duty in Florida to be cooperative with your own insurance company. You have no such duty to cooperate or give a recorded statement to the insurance company for the driver who caused the accident.

As soon as possible after the accident, talk with Jamie L. Allen, Esquire about protecting your legal rights. It is very important to be informed of your rights before giving any statements to insurance adjusters. In personal injury cases, you are often entitled to much more than just having your car repaired and your medical bills paid. We are familiar with the tactics that the insurance companies use and we work through the maze of paperwork necessary to resolve your claim so that you can get on with your life.

We work hard to reach the best settlements for our clients, as early in the litigation process as possible. We can be more objective about your case than you can and will not make a rash decision. Whereas you may be tempted, for instance, to go for a quick payout, we may counsel you that it is in your best interests to wait for a more appropriate offer. We are used to working with insurance companies and will not feel pressured to settle for an unsatisfactory amount. If the insurance company refuses to make a fair settlement offer, Jamie L. Allen, Esquire will file suit on your behalf and zealously represent you in court and work toward achieving the best possible jury verdict in your favor.

Even with being examined at the scene of the accident or nearby hospital, it is important to see a physician who specializes in treating injuries following your accident for your own piece of mind. Jamie L. Allen, Esquire can refer you to a physician in your area who specializes in treating accident victims. Waiting to see a doctor can delay treatment and aggravate your injury. The longer you wait for medical treatment, the more difficult it will be to connect the injuries to the accident. Also, be sure to give your doctor a complete, accurate and truthful description of how the accident happened, what problems you are having as a result of the accident, and make sure to tell your doctor about all prior similar injuries you may have had. Do not give any incorrect statements to any doctor who may treat you with respect to any prior injuries or accidents, if you don’t remember, say so.

Make sure that you follow your doctor’s instructions. Money cannot ever replace good health, so you want to follow your doctor’s advice and treatment plan. You want to recover from your injuries as quickly as possible. Your doctor will keep track of your missed appointments and any deviations from your treatment plan. When we provide the medical records to the insurance adjuster, they will be able to see these inconsistencies. There is never a reason or excuse to miss a doctor’s appointment. By missing a doctors appointment, you are saying to the insurance company that you don’t hurt and that it doesn’t matter that much. Our job is to make a recovery for you for the pain and suffering that can be proven. Not going to the doctor is one way to prove that you are not hurting and that you don’t care. If you don’t care, the doctor might not care. It is very important for you to work hard to get well and to go to all of your appointments.

Take photographs of all your injuries, scars and bruises. If your car was damages, take pictures of your vehicle prior to getting it repaired. It is also a good idea to take pictures of the accident scene immediately following your accident. Good photographs can make a case by showing the insurance company the extent of your damages.

Document all of your losses including medical bills, lost wages, future medical treatment, transportation costs and the effect of the accident on your family and the effect on your life. Documentation is a major key in obtaining full compensation for your damages. If you want to get paid for expenses and other items that you are legally entitled to recover, you have to show proof. Be sure to obtain and save all receipts itemizing any and all expenses you incurred as a result of your accident. Receipts must be dated and contain legible and compete vender identification. Please also save casts, braces, and any other items from your doctors. Proper documentation can give the insurance adjuster a better idea of what happened and show them how seriously you were injured.

Florida has personal injury protection insurance which is known as "no-fault insurance," which all vehicle owners are required by law to carry. This insurance will potentially reimburse expenses up to $10,000. Your insurance company will pay 80 percent to all reasonable expenses for necessary medical care and treatment. Such benefits may also include remedial treatment and services recognized and permitted under the laws of the state for an injured person who relies upon spiritual means through prayer alone for healing in accordance with his or her religious beliefs. Your insurance company will also pay 60 percent of any loss of gross income or loss of earning capacity. They will also pay 60 percent of all expenses reasonably occurred in obtaining from other ordinary and necessary services in lieu of those that, but for the injury, the injured person would have performed for the benefit of the household. Please note that just because you or your doctor feel expenses are related to the accident that does not guarantee payment. Your insurance contract may also have medical payments coverage. Your insurance company must apportion claims between the PIP and medical payments coverage to maximize your benefits and you should request that it do so. Check your coverage carefully and review your policy with legal counsel. When an injury claim is filed under a no-fault insurance policy, the company must send you a "bill of rights"—a state-approved form explaining precisely what benefits you are entitled to and how quickly the company must pay them. The law provides interest on covered PIP benefits not timely paid. It also provides for fines to be assessed against PIP insurers by the Department of Insurance for failure to pay benefits within the prescribed time. See your lawyer for more details.

Everyone who lives in Florida or who operates a motor vehicle here for over 90 days a year must have personal injury protection (PIP) insurance. If you are also entitled to receive similar benefits from a major medical or disability insurance policy, Medicare, military pension benefits, or other sources, you should ask your auto insurance company about a policy which will provide a deduction to allow for such other payments. The rates on such a policy may be significantly cheaper than standard policy rates. Since most other insurance policies protect the company against double payments for the same expenses, you may not lose any benefits with the larger deductible.

You may also purchase insurance to cover damage to your auto, auto liability insurance, medical payments coverage and uninsured motorist coverage. Auto liability insurance may be very important to you. It protects those who are "insureds" from legal liability for bodily injury or property damage to others, caused by auto accidents. Further, the insurer agrees to defend insureds against all liability claims for which coverage is afforded. Please note if you do not purchase enough coverage you may be personally held responsible for damages over your policy limit. Auto liability is the most common way of complying with the Florida Financial Responsibility Law. Uninsured Motorist Protection should seriously be considered and may be one of the best bargains in auto insurance. In effect, you are establishing insurance coverage for those situations in which the other at fault driver is uninsured or insufficiently insured. If you or someone else under your policy was seriously injured, a claim could be made against your own carrier for all damages recognized by the laws of Florida.

The driver of the other car cannot force you to pay anything without legal proceedings, and you or the other driver's insurance company must pay for damages in many instances. Accordingly, you should carefully consider the circumstances before making payments to the other driver for damage to car or property. You would be prudent to seek the advice of your insurance agent and your lawyer.

Do not allow anyone to rush you into a settlement. You may be entitled to significantly more, or, conversely, you may not be obligated to pay as much. By consulting a lawyer you will safeguard your own rights. Attorneys are designated in specialties to aid in selection. Any attempt by lawyers to contact you for employment without your request should be reported to The Florida Bar. You must select counsel and be wary of attempts to solicit you as a client.