The most commonly encountered personal injury cases in our court system are those arising from motor vehicle accidents. This not a surprise, since every 10 seconds, somebody in the U.S. is involved in a car accident (This is information from the National Highway Traffic Safety Administration).

Negligence
Motor vehicle cases are typically processed using the law of negligence. Negligence law requires that in general, people must operate their vehicles with "reasonable care under the circumstances." Failure to do that is regarded as negligence.

If a person operates a vehicle negligently, that person may have to pay for any harm they inflict on you, both for your personal injuries and property damage. You would have to prove that:
That driver was negligent;
That their negligence caused the accident; and
That the accident caused your injuries.

Motor Vehicle Accident Fault

Injury and Compensation
If you have been injured in a car accident, you may usually file a claim to recover your actual expenses. You may be able to recover for:
Property damage
Medical costs
Economic damages
Emotional and physical pain and suffering

Motor vehicle accident litigation can become very complicated. To put yourself in the strongest possible position, you should retain an experienced motor vehicle accidents attorney.

Motor Vehicle Damages

Insurance Claims: What to do and What to Avoid

1. Things to Do
Call your insurance agent as soon as you can after the accident happens.
Read your insurance policy before talking to your agent or the company, including the sections called Coverage and Exclusions. This will make you well-informed in dealing with those people.
When talking with insurance representatives, take clear and detailed notes. Get names, job titles, phone numbers, and each person’s supervisor’s name.

More Things to Do

2. Things to Avoid
Do not give any written or recorded statements to anybody at your insurance company until after you have retained (hired) an attorney. You don’t have to let your insurance company record your phone conversations with them. If you start to feel too pressured or doubtful, contact us to give you legal support and advice.

Do not accept the estimate of your losses provided by your insurer. It is likely to be much too low. They would like you to accept it, but it won’t necessarily be in your best interests to do so.

Do not sign any waivers or releases without consulting us for legal advice. Don’t hurry to agree to anything with your insurer. After an accident, you are probably upset and anxious and physically injured as well. Even if your car is totaled and you must pay for a rental car, allow yourself some time before fixing any agreements in black and white with your insurance company. Remember that they do not work for you. They do not make money by paying you.

More Things to Avoid

Uninsured or Underinsured Motorists
Many people have little or no motor vehicle insurance. They try to go without it despite laws requiring it, perhaps because they can’t afford it. Or they have too little insurance to cover any major damage they may cause by negligent driving.

Uninsured motorist coverage is intended to help you pay for any injury or damage incurred from an uninsured driver whose negligence causes you harm. Be careful not to waive your legal rights in any situation that involves an uninsured driver. Consult an experienced car accident attorney for legal protection.

More About Uninsured Motorists

No-Fault Insurance
All damages to be paid after a road accident are determined by the laws of the state where the accident happened. If it happened in a no-fault state, no party will be considered at fault, and each driver will submit a claim for payment of medical bills and lost wages to his own insurance company.

However, the at-fault party’s insurance company is responsible for the pain and suffering of the not-at-fault party.

Each no-fault state has its own version of no-fault laws, and interprets them differently. Your best move would be to consult an experienced personal injury attorney to learn more about how the state applies its no-fault laws, and how this may affect you ability to recover compensation.

More About No-Fault Insurance

Things to Do if You’re in an Accident
The first thing to do is to stop and remain there. Leaving the scene of an accident without first checking on damage or injuries among all concerned is against the law of most states. You can be criminally prosecuted for it.

The next thing is to check for injuries. Never move an injured person, as you may be worsening their injuries. If you can, call the police, and an ambulance if one seems necessary. If you have no phone, or are too injured to do much, ask another person to make those calls, and to be sure that the police and ambulance personnel know how many people are injured, so they can send enough response vehicles.

More Things to Do After an Accident

If you have been involved in a road accident, please contact us at the Law Offices of Craig Goldenfarb, P.A. as soon as you can. You can schedule a free consultation to learn more about your legal rights, and how to protect your interests. We can assess your legal status answer your questions.

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West Palm Beach, Florida, motor vehicle accident attorney Craig Goldenfarb represents clients throughout South Florida, including the cities of Palm Springs, Stuart, and Fort Pierce, and residents of Palm Beach County, Martin County, and St. Lucie County. Our office in West Palm Beach, Florida, is located a quarter mile west of I-95 on Palm Beach Lakes Blvd., behind Chick-Fil-A in the IKON Building.