Frequently Asked Questions
(Website pg 2 of 3 FAQ regarding accidents)
 
Automobile & Truck Accidents; and Bicycle & Pedestrian Accidents

Who determines who is responsible for a traffic accident?
Figuring out who is at fault in an accident is a matter of deciding who was careless. For traffic accidents, Florida’s state traffic laws provide guidelines by which liability may be measured. These rules apply not only to automobiles but also to motorcycles, bicycles and pedestrians. In some cases, a driver may be liable for an accident even if he/she was obeying, for example, the posted speed limit, if traveling at the posted speed was unreasonably careless given the weather or traffic conditions at the time.

I was involved in an automobile accident, and my car was totaled. My company is not offering me a fair settlement on my claim. What can I do?
Do your homework. Check the internet (such as Kelley blue book) or NADA for the actual cash value (ACV) of your car, check out the classified advertisements in your local newspapers and check with the car dealerships in your area. Look for the prices of cars similar to yours and submit them to your company, if the prices are higher than the company's offer. Remember their estimate must be based on the local market.

I was involved in a car accident and was not at fault.  I have contacted the other party's insurance company, and it refuses to honor my claim because its insured has not given notice of the accident. Doesn't that insurance company have an obligation to pay my claim even if its insured does not report the accident?
The company is obligated to pay what the insured is legally liable for because of an accident. A ticket by itself is not evidence of 100% legal liability, therefore, in many instances the company may not have to pay for damages if their insured does not report the accident and cooperation in the investigation.

I was involved in an automobile accident, and the insurance company has not yet inspected my vehicle or authorized a rental vehicle. Isn't there a time limit on how long an insurance company can take?
At the present time, there is no Florida Statute or Department Rule, which addresses a time limit. However, seven to ten working days should be enough time for an insurance adjuster to inspect a damaged vehicle and authorize a rental car. Rental may not be covered unless it is approved by the insurance company.

The insurance company wants to repair my car with non-factory parts. Can it do this?
Yes. The parts used do not necessarily have to be original equipment manufacturer (OEM) parts, but should be of like kind and quality as the parts being replaced.  Florida law requires the parts to be of same fit, quality and performance.

Will I be penalized for choosing my own body shop?
Normally, you have the right to choose the auto repair shop you want. Note: Some policies approved by Department of Insurance require the insured to take the vehicle to a designated repair shop in exchange for a reduced premium. The company cannot be required to pay a higher price for the same necessary repairs. When a company directs a vehicle to be repaired by their facility, the insurance company is responsible for the quality of the repair.

What doctor should I use?
For varied reasons there are only a very small percentage of doctors who will accept responsibility for the treatment of individuals injured in an automobile or motorcycle accident.

Many doctors may not want to get tied up in the litigation process. Other doctors receive a substantial amount of income from insurance companies and they do not want to risk that source of revenue. Some doctors feel that the risks of medical complications, and therefore medical malpractice, are substantially increased when they are dealing with the complexities associated with an accident injury. Some doctors simply do not like working with attorneys, regardless of the underlying injury.

Based upon our substantial experience, the attorneys at Beltz & Ruth have been able to identify those qualified doctors who are willing to accept responsibility for the medical care of the injured despite the probability that it will involve litigation against the insurance industry.