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Frequently Asked Legal Questions
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EXPLANATION OF AUTOMOBILE COVERAGES |
Property Damage Coverage:
This covers your legal liability for damage to the property of others. Florida law requires you carry this coverage.
Bodily Injury Liability Coverage:
This is optional coverage to cover your legal liability for bodily injury to others in case of an accident.
Personal Injury Protection:
This covers you, your family and certain others for bodily injuries resulting from auto accidents, without regard to fault. Payments are for 80% of medical expenses, 60% for loss of income, replacement household services and (if the limit has not been exhausted by other benefits) a death benefit. Personal injury protection is also required under Florida law. The principal exclusions for this coverage are injuries sustained in autos you or family members own which have not been specifically covered under the policy, and injuries to other vehicle owners required by law to have their own coverage.
Medical Expense Coverage:
This coverage supplements the medical expenses reimbursement of PIP coverage and provides basic coverage in situations where PIP does not pay.
Uninsured Motorists Coverage:
This coverage pays for bodily injuries to you, family members and certain others, resulting from the negligence of others. It pays when the at-fault party has no liability insurance, or liability coverage with limits not adequate to pay for the damages incurred, or if injuries result from a hit-and-run vehicle. Your coverage may be "stacked" or "non-stacked". The principal difference between these two forms is that the total amount of protection under the stacked form is the sum of the limits applicable to each vehicle insured, whereas under the non-stacked form, the limit stated applies per accident regardless of how many vehicles you own or insure.
Collision:
This covers damage to your car resulting from upset or impact with another object.
Comprehensive:
This covers damage to your car resulting from fire, theft and other direct losses not excluded. The principal exclusions are for damage to certain electronic and sound equipment; tapes and other media; radar detectors; undeclared camper bodies; and van or pickup customized equipment.
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FREQUENTLY ASKED QUESTIONS |
WHAT IS MY CASE WORTH?
There are many variables in determining the value of each case.
Some of the factors include:
- LIABILITY
- LIMITS OF BODILY INJURY COVERAGE
- SEVERITY OF INJURIES
- AMOUNT OF MEDICAL BILLS OWED
- ESTIMATED FUTURE MEDICAL CARE
- LOSS OF EARNINGS
WHAT SHOULD I DO IF I AM INJURED
IN AN AUTO ACCIDENT?
Call the police. Even if you are not injured, you should call
the police to establish liability. Report the claim to your
insurance carrier, but do not give a recorded statement without
consulting with an attorney. Seek medical care immediately.
If you have sustained any cuts, bruises or have stitches or
scarring, have someone take photographs immediately. If possible,
take pictures of the damage to your vehicle as well as the other
vehicle(s) involved. Contact a personal injury attorney immediately
to preserve your rights.
WHY DO I HAVE TO REPORT THE
CLAIM TO MY OWN CARRIER IF I WAS NOT AT FAULT?
In the State of Florida, we are required to carry PIP (Personal
Injury Protection) and PD (Property Damage Coverage). Regardless
of fault, the medical portion of your claim must be filed with
your own carrier.
HOW DO I PAY FOR LEGAL ASSISTANCE?
In Florida, attorneys who handle personal injury claims are
usually paid on a contingency basis. This means that you don't
have to pay anything until your case is settled. The attorney
fees and costs will be deducted from your settlement. If there
is no recovery, our attorneys don't get paid.
HOW LONG WILL IT TAKE TO SETTLE
MY CLAIM?
Personal injury claims vary in length from weeks to years in
some instances. We will thoroughly investigate your claim to
make sure you get the compensation you are entitled to receive.
Culpepper Kurland typically resolves most cases in 6 months
to a year.
WILL I HAVE TO GO TO COURT?
If the insurance company agrees to pay what we believe your
case is worth, and you wish to settle for that amount, then
you don't have to go to court.
WHO WILL PAY FOR THE DAMAGE
TO MY VEHICLE?
If liability is established, then the claim may be filed with
the at-fault insurance carrier. Sometimes the insurance investigation
is not complete, therefore there may be a delay in having your
vehicle repaired and/or obtaining payment if your vehicle is
deemed a total loss.
If you carry collision coverage on your automobile policy, you
may elect to file the claim under your own policy and allow
your carrier to subrogate against the other carrier. The subrogation
claim will include your deductible (if any) and the cost of
obtaining a rental car.
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