Drucker Law Offices is our personal injury attorney in Boca Raton. We work to assist our clients who have been involved in accidents. We also have a Miami injury attorney, North Miami accident lawyer, Pembroke Pines accident attorney, Miramar injury lawyer, Plantation attorney, Tamarac accident lawyer, Coral Springs attorney and Fort Lauderdale injury lawyer. We frequently answer the questions about what rights someone has when they have an accident. These enquiries come from both drivers who caused the crash and those that did not.
For example, Mary and Joseph were involved in a collision. Mary is stopped at the red light. Joseph collides into her car from behind. Joseph takes responsibility for this crash and is issued a traffic ticket. They both go to a medical centre. They are both absent from work for a week. They both visit their doctors and are found to have sustained permanent injuries (required by law as being entitled to pain and suffering per earlier blogs). What are they entitled to? and what are the differences between them
Regarding the car, Mary can put in a claim from Joseph’s property damage coverage. Since Joseph has accepted fault, his insurance company should fix Mary’s car. There will be no deductible and Mary would not go out of pocket anything through Joseph’s insurance. Joseph however cannot get his car fixed through Mary’s insurance. If Joseph has collision coverage, then he could get his car fixed through his own insurance but there likely will be a deductible, somewhere between $250 and $1,000. In the event of Joseph not having collision coverage, the price of fixing his car would have to be borne by him.
According to Florida law, 80% of medical bills and 60% of wages lost (to the sum of $10,000 is covered for by PIP. This is regardless to who was at fault. In accordance with this PIP coverage, both Mary and Joseph have the exact same rights regarding medical bills and time missed from work. However, Mary will have a claim against Joseph for the 20 percent out of pocket expenses and 40% of wages. Joseph is not able to make this claim against either Mary or her insurance companyJoseph could try to get his medical expenses paid through health insurance if he has any. In the event of short term disability insurance like sick leave, then he can get additional monies from that source.
The last issue that might remain would be the problem of pain and suffering. In Mary’s case, she would have a claim for pain and suffering to the extent that she has permanent injury (or death; or permanent disfigurement; or significant scarring). Joseph would have no legitimate claim for pain and suffering. In conclusion, you possibly can see that both parties have some rights, but the party who wasn't at fault would have the most rights. We offer our help to people who are not at fault and provide a free consultation.
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