After a rear–end collision, you should look for prompt medical care and a place to repair your car. Not only are these services important for your health, but they can provide critical documentation of your accident that can be helpful in the future. Evidence of your injuries and the damage to your car is essential to record if you choose to seek financial compensation from the driver who hit you.
If you were hurt in a rear–end collision, you may be entitled to seek compensation (known as damages) from the at-fault driver. You may be able to recover damages related to your injuries, property damage, and pain and suffering caused by the accident. While you can pursue damages on your own, a personal injury lawyer may be able to guide you through the process.
What to Do After a Rear-End Collision
After a rear-end collision, you should consider taking the following steps to build a foundation for your well-being and your case.
Report the Accident to the Police and the Insurance Company
When a police report is filed, be mindful of what you say. Never say anything that admits or implies that you were at fault for the rear-end collision. If you do, the insurance company can use your words to deny you financial compensation for the accident.
You should also report it to your insurance provider, as up to $10,000 of your medical expenses could be covered by your own insurance, according to Florida Highway Safety and Motor Vehicles (FLHSMV).
You may also want to take pictures of the damage to your car and save all repair receipts.
Seek Medical Treatment After a Rear-End Collision
Even if you feel fine, a full medical evaluation will document any injuries you have sustained from the accident. Seemingly minor injuries can worsen with time. If you do not document the injuries shortly after the accident, the other driver or the insurance companies can claim that your injuries were not related to the accident.
Speak With a Lawyer’s Office
You may also wish to look for a personal injury lawyer after a rear-end collision. We can walk you through the entire process of seeking damages from the at-fault driver, allowing you to focus on your recovery.
We Can Help You After a Rear-End Collision
Dealing with the aftermath of an accident is exhausting. When you already have to tend to your injuries and get your car fixed, grappling with insurance companies may be too much.
Here are some of the ways we can help you:
Investigate the Accident
We can independently investigate the accident to determine who was at fault. We can collect evidence such as pictures from the scene, police reports, witness statements, and more.
File an Insurance Claim
We can file an insurance claim for you. While your PIP covers up to $10,000 of medical expenses, serious injuries can quickly exhaust that coverage.
You may need to pursue damages from the other driver and his insurance company for your medical bills and other expenses related to the accident, such as property damage to your car.
We can file all the paperwork and submit supporting documents and other evidence supporting your claim. We can communicate with the insurance companies for you, including negotiating a settlement.
File a Lawsuit
If the insurance company refuses to offer a reasonable settlement, we will file a lawsuit on your behalf.
Negligence and Liability in a Rear-End Collision Case
A negligent driver fails to act with the same level of care as other, reasonable drivers on the road. A negligent driver can be held legally liable for causing an accident. In almost all situations, a driver who rear-ends another driver is considered negligent and liable for the collision.
Here are some of the most common forms of negligence after rear-end collisions:
Distracted Driving
Distracted driving can have many causes: talking on the phone, texting, falling asleep, or even looking down to change the radio station.
Florida Statutes § 316.305 prohibits texting while driving. When a driver pays attention to something other than the road, they can easily hit the car in front of them.
Driving Under the Influence
Florida Statutes § 316.193 sets the penalties for driving under the influence of alcohol or any controlled substance that impairs a person’s normal faculties. Alcohol and other substances can impair reaction times and critical thinking skills, leading to a rear-end accident.
Reckless Driving
According to Florida Statutes § 316.192, reckless driving is any driving that disregards the safety of other people or property. Reckless driving could include weaving in and out of traffic, speeding, ignoring traffic signals, and more.
Time Limits After a Rear-End Collision
According to Florida Statutes § 95.11, you only have two years to seek financial compensation for personal injuries after a rear–end collision. Once the statute of limitations has passed, you forfeit your right to recover damages.
After a rear-end collision, you should look to protect your health and your rights. We can help you seek compensation for your suffering.
If a rear-end collision has left you with hefty medical bills and other expenses, reach out to the team at Chalik & Chalik Injury Lawyers. Call our Fort Lauderdale office today at (954) 476-1000 to set up a free case evaluation.
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