Five Common Auto Accident Myths That Could Hurt Your Florida Injury Claim

In this article, you can discover…

• Whether pain levels after an accident can impact your personal injury claim.
• If your personal insurance is enough to cover medical bills and other expenses.
• How likely it is that your personal injury care will go to court.

Myth # 1 : You Can Not File A Claim If You Don’t Feel Pain Immediately After A Car Accident

This is untrue. Even if you are not in immediate pain following a car accident, you can still file a personal injury claim. You see, the human body is quite complicated. Adrenaline and other factors can mask the pain from a car accident for days afterward, leaving you unaware that you are seriously hurt.

If you begin to feel pain days after your accident, you may file a personal injury claim based on that pain. This is true even if you initially reported yourself as not being injured as long as you follow up with a doctor or medical office to document and treat those injuries.

Be aware, though, that you only have 14 days from the date of the car accident to seek medical treatment and have that treatment paid for by your personal protection auto insurance coverage. After those 14 days, your insurance will not cover those medical bills.

Myth # 2 : The Other Driver’s Insurance Policy Will Automatically Cover Your Damages

Not at all. Florida law requires very little mandatory car insurance coverage. I have seen many unfortunate examples where an injured claimant suffered significant damages and medical bills, but the at-fault driver had either no coverage or minimal coverage. Without uninsured motorist coverage on your policy, your bills and damages in such a case may go unpaid. If you do not already have uninsured motorist coverage, you should absolutely purchase it.

Myth # 3 : If The Police Report Blames The Other Driver, You Don’t Need To File A Claim

This is untrue. In fact, police reports are not actually admissible as evidence in personal injury trials in Florida. Most of the time, the officer writing the report did not actually see the accident unfold and is making an educated guess as to who was at fault based on the accident scene and witness statements.

Who the police report blames is of little relevance when it comes to filing a personal injury case in Florida. You should still file a claim so that evidence of the other party’s liability can be collected and damages can be sought.

Attorney Luke Moreau is a respected, knowledgeable personal injury attorney serving Florida. Since 2013, he’s helped injured clients just like you understand the law, dispel misconceptions, and seek the damages they both need and deserve.

Have questions, or in need of legal help? Reach out to The Law Offices of Luke T. Moreau, ESQ. for an initial consultation today.

Myth # 4 : Hiring A Lawyer Means Your Personal Injury Case Will Go To Court

Not necessarily. Very few personal injury claims result in the filing of a lawsuit, and very few lawsuits that are filed result in a trial in live court. Insurance companies are very averse to risks and will often seek to settle claims out of court rather than go to trial and face an uncertain jury verdict. Still, the more serious your injuries, the higher your medical bills, and the more complex your case is, the more likely it is that your case could go to trial.

Myth # 5 : You Can Not File A Claim If You Were Not Wearing A Seat Belt

You can still file a personal injury claim even if you were not wearing a seatbelt when the accident occurred. However, your recovery will be reduced accordingly if the insurance company can demonstrate that you were not wearing a seatbelt or if you admit to not wearing one.

Under Florida law, people making injury claims still have a duty to mitigate injury by wearing a seatbelt and taking other basic steps to ensure their own safety, such as not talking on the phone while driving. You can still file a claim regardless, but it’s important to always be wearing your seatbelt while in a vehicle.

An Attorney’s Reflections : Does The Court Always Side With Who’s Right?

No, the court does not always side with who is objectively right. Instead, the courts will generally side with whomever is better able to prove their argument with evidence. After all, the judge and jury were not present for the accident and must make a judgment based on the evidence presented by both sides. While I believe the claims my clients make about their injuries, it is a judge and a jury who you will need to convince.

As a result, calling an attorney as soon after your accident as possible is crucial. This will allow your personal injury attorney to seek and preserve critical evidence (such as traffic camera footage) before it is deleted or lost, giving you a much stronger chance of proving your case.

Still Have Questions? Ready To Get Started?

For more information on Florida car accident myths, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 278-7439 today.