Experts In This Article
- Michael T. Gibson, Esq., Lead Attorney & President at Michael T. Gibson, P.A., Auto Justice Attorney, Catastrophic Injuries Expert and Licensed for 17 years
- Todd Curtin Esq., Partner & Lead Trial Attorney at Michael T. Gibson, P.A., Auto Justice Attorney and Licensed for 8 years
- Amit Jhalli, Esq. Attorney at Michael T. Gibson, P.A., Auto Justice Attorney, Personal Injury Pre-suit Investigation & Brain Injury Expert and Licensed for 9 years
Many people who suffer injuries in a car accident want to seek monetary compensation for those injuries. Since Florida is a no-fault insurance state, in most instances, injured accident victims must first look to their own insurance companies to recover compensation for all of their medical bills and lost earnings. However, under certain circumstances, an accident victim might file a claim or lawsuit against the insurance company for the at-fault driver who caused the accident. This is true in cases where the accident victim incurs significant medical bills that exceed the compensation offered by personal injury protection (PIP) and if the accident victim suffers a significant or permanent injury in the accident. The process of filing a claim typically begins by assembling a demand package. The demand package may include:
- All related medical bills and medical records pertaining to the injuries you suffered in your accident
- Copies of any lost wage documentation provided by your employer, along with authorizations from your healthcare provider allowing you to be off work for a specified time
- A victim impact statement that explains the impact that the accident and your injuries have had on your life and overall well-being
- Photographs of the property damage to your vehicle as well as photographs of your injuries, if any
- A copy of all investigative reports, including a copy of the police report if an officer prepared one
Once your attorney submits a demand package to the insurance company, the insurance company will review all of the documentation and determine liability or fault. If the insurance company accepts liability for your accident case, an adjuster assigned to the case will usually make an initial settlement offer. You should always be wary about accepting these initial settlement offers, since insurance companies—even your own—will typically do everything possible to limit their payout to you.