Dos and Don’ts of Filing a Car, Truck, or Motorcycle Accident Claim
How to Effectively Work with the Insurance Company
If you are involved in a motor vehicle accident of any kind, you’ll want to make sure you maintain open communication with your insurance company. The following are some important tips on what to do, and not to do, throughout the insurance claims process.
Do…
- Do call your agent as soon as an accident or injury takes place.
- Do take and keep detailed notes of all conversations with insurance company representatives, including names, phone numbers, and job titles.
- Do consider whether you might have other insurance policies that might cover a claim, such as a homeowner’s policy, an "umbrella" policy, or coverage included with your credit cards.
- Do take pictures, if possible, of damage to your vehicle, the accident scene, and your injuries.
- Do understand the difference between replacement coverage and depreciated or actual cash value. If your policy provides replacement coverage, don't settle a personal property loss for "actual cash value." If you have replacement cost coverage, you may be required to replace the lost items before getting your full reimbursement.
- Do keep all receipts of meals, lodging, and purchases made in connection with time spent pursuing your claim or recovering from your injuries from the time of the covered event until final settlement with your insurance company.
Don’t…
- Don’t give any recorded or written statements to your insurer until you are sure you understand your coverage. Remember, you aren't required to allow the insurance company to record your telephone conversation. If you have doubts, consult an attorney for tips for hiring an attorney.
- Don’t automatically accept an estimate or appraisal given to you by the insurer.
- Don’t sign any releases or waivers of any kind until you obtain legal advice. Don't accept any check that says "final payment" unless you are ready to do so.
- Don’t ignore time limits set by your policy. Many policies only allow one year from the date of loss to bring legal action. If your claim isn’t settled to your satisfaction after 11 months, consult an attorney immediately. Failure to do so could result in the loss of your right to sue.
If you or a loved one were involved in an automobile, motorcycle, or truck accident, please contact Legally Pink Law today at (888) 979-4941 to schedule a free consultation. You can also fill out our convenient online form and someone from our team will contact you shortly.
Your #1 To-Do After an Accident: Call Legally Pink Law
Car, motorcycle, and truck accidents account for the majority of personal injury claims in the United States. While minor accidents can be handled directly with your insurer, collisions that cause serious injury and property damage are best handled by an experienced personal injury attorney.
Carolyn Salzmann is one of the top female personal injury attorneys in Orlando, with over a decade of experience, and will be by your side every step of the way.
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From the very beginning, they were professional, knowledgeable, and truly dedicated to my case.
“Thanks to their hard work and expertise, my case had a very successful outcome. I felt confident knowing I had someone in my corner who genuinely cared about getting the best possible result for me.”- Stephanie T. -
A fantastic group of legal professionals.
“They are caring and supportive but also very thorough and knowledgeable. They were excellent to work with, fought hard for me and helped bring closure. Highly recommend them.”- Allegra G. -
Professional, compassionate, and truly committed to getting results.
“Carolyn and her team went above and beyond to make sure every detail of my case was handled with care. They took the time to explain everything to me, kept me updated throughout the entire process, and never made me feel rushed or overlooked.”- Katelyn J.
Your Questions, Answered
Get clear, straightforward answers from experienced personal injury attorneys.
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 888-979-4941 today!
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Out-of-pocket expenses are always made part of your claim and are part of your economic damages that we seek to recover from the at-fault party. When your claim is presented to the at-fault party, we include your out-of-pocket expenses as part of the demand package.
If your case does not settle in what we call the "pre-suit phase," then your case will proceed to court where we will ask a jury for your out-of-pocket expenses as part of your economic damages on the verdict form.
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Wage loss is paid out under your Personal Injury Protection benefit, which happens to be mandatory coverage for auto insurance in the State of Florida. There are exceptions, such as when you elected to have your wage loss reimbursement excluded on your Personal Injury Protection (PIP) benefit when you obtained your policy.
Normally, people who have their wage loss benefits excluded are those who are not employed for some reason or another. You can also elect to have a standard PIP (which covers wage loss at 60%) or extended PIP (which covers wage loss at 80%).
You will need to provide proof of income in the form of a paycheck stub, income tax return, or some other verifiable means. The remaining percentage of your wage loss not covered by your PIP insurance will become part of your claim against the defendant driver.
When cases do not involve PIP coverage, the wage loss becomes part of the demand to the at-fault party. In most cases, proof of lost income is rather simple if the injured person receives a paycheck. For our clients who are self-employed, we work very closely with them to help them assemble the necessary documentation to prove the wage loss claim. Tax returns can be helpful in instances where clients are self-employed.
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Yes. Under Florida law, there are very specific, detailed deadlines to file claims. If you do not meet these deadlines, you may be forever barred from bringing your claim forward.
These time restrictions are known as statutes of limitations, and they vary depending on the type of claim you are bringing. It is critical that you consult with an attorney as soon as possible after your incident so you can receive good legal advice on the time limits for filing a personal injury claim.
