At Drucker law offices, our personal injury attorney in Boca Raton (also, Miami accident lawyer, North Miami injury lawyer, Pembroke Pines accident lawyer, Miramar accident attorney, Plantation attorney, Tamarac accident lawyer, Coral Springs attorney, Fort Lauderdale accident attorney), we offer aid to our clients who were involved in a collision. We commonly answer the enquiries about what rights someone has when they are in a collision. We get calls from drivers who are at fault and who are not at fault.
Let’s use an example. Mary and Joseph are in an accident. Mary is stationary at a traffic light. Joseph collides into her car from behind. Joseph admits to being at fault. Joseph is issued a ticket. Both Mary and Joseph head to hospital and are signed off work for a week. After visiting their respective doctors, both Mary and Joseph are diagnosed with permanent injuries. This is a requirement of the law to facilitate entitlement to pain and suffering. What rights to they have? and how they are different
As to the car, Mary would be able to make a claim against Joseph’s property damage coverage. As Joseph was the reason for the collision, Mary’s car ought to be fixed by his insurance company. There would be no deductible and Mary would not go out of pocket anything through Joseph’s insurance. Joseph then again cannot get his car fixed through Mary’s insurance. Joseph could get his car repaired through his own insurance if he is covered for collisions, though this would incur a deductible cost which could be in the range of £250 – £1,000. If Joseph doesn’t have collision coverage, then he must fix his car and bear the cost of it in full.
According to Florida law, 80% of medical bills and 60% of wages lost (to the sum of $10,000 is paid for by PIP. This is regardless to who was at fault. Therefore, Mary and Joseph’s rights in terms of PIP coverage are identical as 80 percent of these medical bills and 60 percent of the time they missed from work will be the same. However, Mary will have a claim against Joseph for 20% of out of pocket expenses and 40% of wages. Joseph will not have the capacity to make that claim against either Mary or her insurance companyJoseph could try to have his medical expenses paid through medical health insurance if he has any. In the event of short term disability insurance like sick leave, then he can claim extra monies from this source.
The last issue that may remain would be the issue of pain and suffering. Mary would have the ability to make a claim for pain and suffering in the event of permanent injury (or death; or permanent disfigurement; or significant scarring). Joseph would have no legitimate claim for pain and suffering. As you may see, while the one that was at fault does have some rights, there are even more rights for somebody who was not at fault. We offer our help to people who are not at fault and offer a free consultation.
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Address:
Boca Raton – Principal Office
7777 Glades Road,Suite 210
33434
Boca Raton
Florida
561-483-9199
USA
