Posted On: March 30, 2009

Should I Talk to the Insurance Representative After my Accident?

No. Here are some reasons why you should NOT talk to the Insurance companies.

1- Insurance representatives are professionals with one goal in mind: Save the Insurance Company money at what ever cost. They are not your friends nor are they there to help you. Their job is to minimize the insurance company's exposure to liability in the form of a claim.

As experienced professionals insurance representatives know not only what questions to ask but how to ask them. They will manipulate the questions and even the answers to the point that you may not recognize your own answer at a later date.

2- You are novice not a professional. Insurance representatives understand the big picture of how things work. On the other hand, you have no idea of how anything in the insurance claim process works.

Even if you have a legitimate claim, they are instructed to low ball you into accepting their value of the claim. What is the value of your claim depends on multiple facts and issues that you are not aware of including jury awards in your area.

Unless you have experience, talking to an insurance representative after an accident is like fishing in a barrel for the insurance companies. Insurance companies love to talk to insurers and other parties involved in a traffic accident because they get to draw the picture that is most favorable to them.

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Posted On: March 23, 2009

Who's at Fault ?

Determining fault under Florida Law can be complicated. Here is part of the analysis that a jury may consider in determining fault in Florida:

Did the defendant driver exercised reasonable care? Did he/she operate the motor vehicle in a careful and prudent manner that will enable him or her to avoid endangering other people or property?

As with most other issues in law, it always depends on the specific facts of your case. Fact gathering and analysis are very important in winning or losing any type of court case.

In determining reasonable care the jury takes into consideration relevant circumstances including width and grade of the roadway, presence and angles of curves and corners, amount of and type of traffic are but some details taken into consideration of who is at fault. Only after considering all the facts brought forward by both sides will a jury make a legal determination of who is at fault.

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Posted On: March 16, 2009

Will I Get Rich from my Fender Bender?

No, it is very unlikely that you will get rich from your accident. The personal injury laws were not establish to make plaintiffs rich but to compensate the injured party and make them whole.

People's biggest misconception is that they will get a boat load of money because they were involved in an automobile accident no matter the severity of the accident. The fact is that you will not get rich nor will your lawyer. The amount of compensation is directly related to the amount of damages you suffered.

Personal injury law allows for compensation to those injured in the following ways:

Economic Damages- Lost Earnings, lost Earning Capacity, Medical Expenses.

Non-Economic Damages- Past, Present and Future Pain and Suffering is Recoverable, Loss of Consortium

If you were involved in an automobile accident, contact an attorney to preserve your rights.

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Posted On: March 3, 2009

Rear End Collision - Is it my Fault?

Rear end collision is one of the most common of automobile accidents. Usually the individual who rear ends the automobile in front of them gets the traffic citation and is told that he or she is at fault. Under Florida law, there is a rebuttable presumption of negligence on the part of the rear driver.


Evidence of the following rebuts the presumption of negligence.

• Unanticipated brake failure
• Front vehicle stopped suddenly for no reasonable reason
• Front vehicle was improperly or illegally stopped
• Unexpected stop made to execute an illegal turn

Therefore, just because you received the ticket or rear ended the car in front of you does not make you the party at fault. The specific facts of your case will determine who really is at fault in a rear end collision. Consult with an attorney before admitting fault in any automobile accident case.

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