After a car accident, there tends to be plenty of confusion. Between making sure no one is hurt, checking out property damage, and speaking with the police – there is a lot going on. While it may be tempting to speak with the other parties to the accident, it is important to not say too much.
The reason for this is that although Florida is a no-fault state, anything you say after an accident may be considered an admission of guilt. This may come into play if you find yourself in a legal battle when the dust settles.
What is a No-Fault State?
Florida is a no-fault state. This means that each motorist’s personal insurance will provide coverage for property damage or medical expenses – regardless of fault. So even if the other motorist caused the accident, you will make a claim to your own insurance company for reimbursement.
However, motorists do have the right to pursue a claim against the other party’s insurance company should their own coverage not be sufficient to cover their expenses. This often happens when an individual has sustained injuries which cause them to :
- miss a substantial amount of work
- sustain a major injury which will require extensive treatment or rehabilitation
- lose the ability to provide an income for themselves or dependents
- have a long term negative prognosis
The family of someone killed in a car accident may also seek damages from the other party.
Typically, the injured party will reach the extent of their personal coverage, then move to file a claim with the opposing insurance company. Should an agreement not be reached, a lawsuit may be filed. Very few accident claim cases actually proceed to a courtroom, with nearly 95% of them negotiated out of court.
What is Comparative Fault?
Comparative fault is a legal structure here in the state of Florida. It allows the fault for the accident to be divided between parties, as well as permitting someone with some fault to still collect damages.
For instance, it may be determined that Motorist 1, who was driving drunk, was responsible for 80% of the “fault”. However, Motorist 2 was speeding, and so is assigned 20% of the fault. If motorist 2 sues for negligence and is awarded $10,000, they can collect $8,000, the amount of the award minus their personal liability.
Who Pays for Chiropractic Treatment?
After the accident, it is recommended that you seek treatment, even if you only feel minor aches and pains. Chiropractic treatment is popular after the type of trauma which can occur in a car accident, as the spine can be misaligned due to the impact of the crash.
Under no-fault rules, your own personal insurance company will typically pay for your chiropractic treatments after the accident. However, you may find it necessary to pursue an additional claim – or legal action – if your prognosis reveals ongoing treatment is recommended.
The professionals at West Coast Wellness are here to help. After a car accident, you may be experiencing whiplash, neck or back pain, or headaches. If these symptoms are a result of damage to your spine or spinal column, chiropractic treatment is a viable option.
Located in North Port, West Coast Wellness specializes in the treatment of injuries due to car accidents. Call today for a consultation and to discuss your treatment options.
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