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Tampa’s beautiful weather and scenic beaches attract numerous tourists and locals alike, but unfortunately, the city’s roads are not immune to accidents. If you are involved in a car crash caused by another driver’s negligence, you may feel overwhelmed and unsure about what steps to take next. One of the most critical aspects of your recovery process is filing an insurance claim against the at-fault party to recover the compensation you need to cover your medical expenses, lost wages, and other damages.

At Jurewitz Law Group Injury & Accident Lawyers, our experienced Tampa car accident attorneys have helped countless clients navigate the complex claims process and fight for the maximum compensation they deserve. We recognize the uniqueness of each case, dedicating time to listen to your story, evaluate your requirements, and devise a personalized strategy to achieve the optimal outcome for you.

The Impact of Florida’s No-Fault Insurance Laws on Your Claim

Florida and a few other states operate under a no-fault car insurance system. This system mandates that drivers have Personal Injury Protection (PIP) coverage. PIP insurance compensates for medical expenses and lost wages following an accident, regardless of fault. While intended to expedite medical care for accident victims, this system also poses challenges for pursuing claims against the other driver.

You will usually initiate a claim with your own PIP insurance first. This insurance covers up to 80% of your medical bills and 60% of your lost wages, within your policy limits (which must be at least $10,000 under Florida law). PIP benefits exclude non-economic damages such as pain and suffering; however, they might not fully compensate you if you have sustained severe injuries.

To step outside the no-fault system and pursue a claim against the at-fault driver, you must demonstrate that you have suffered a “serious injury” as defined by Florida law. This may include:

  • Permanent and significant loss of an important bodily function
  • Permanent injury within a reasonable degree of medical probability
  • Significant and permanent scarring or disfigurement
  • Death

If your injuries meet this threshold, you may be able to file a claim against the at-fault driver’s Bodily Injury Liability (BIL) coverage, which is an optional form of insurance in Florida. If the other driver does not have BIL coverage or their limits are too low to compensate you fully, you may need to turn to your own Uninsured/Underinsured Motorist (UM/UIM) coverage or consider filing a personal injury lawsuit.

Comparative Negligence and Its Effect on Your Compensation

Another important aspect of Florida car accident claims is the state’s comparative negligence law. Under this law, your compensation may be reduced if you are found to be partially at fault for the accident. If a jury determines that you were 20% responsible for the crash, your damages will be reduced by 20%.

Insurance companies often try to use this law to their advantage by shifting blame onto the injured party and minimizing their policyholder’s liability. That’s why it’s essential to have an experienced Tampa car accident lawyer on your side who can gather evidence, consult with experts, and build a solid case to demonstrate the other driver’s negligence and protect your right to total compensation.

Dealing with the Insurance Company: Tactics to Watch Out For

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When pursuing an insurance claim against another driver, it’s crucial to remember that the insurance company aims to safeguard their bottom line rather than ensuring you receive rightful compensation. Insurance adjusters employ various tactics to reduce payouts, such as:

  • Requesting a recorded statement: The adjuster may ask you to provide a recorded statement about the accident, claiming it will help speed up the claims process. However, they may use this statement against you later to shift blame or downplay the severity of your injuries.
  • Asking for access to your entire medical history: The insurance company may request that you sign a blanket medical authorization, giving them access to your complete medical records. They may then try to use this information to argue that your injuries were pre-existing or not caused by the accident.
  • Making a lowball settlement offer: The adjuster may offer you a quick settlement soon after the accident, before you can fully assess your injuries and damages. These offers are often far lower than you deserve, and accepting them can prevent you from seeking additional compensation later.
  • Dragging out the claims process: If the insurance company knows that you have a strong case, they may try to delay the process by requesting unnecessary information, failing to return phone calls, or offering low settlements in the hopes that you will become frustrated and accept less than you deserve.
  • Hiring private investigators: In some cases, the insurance company may even hire a private investigator to follow you and document your activities, looking for evidence that you exaggerate your injuries or engage in activities inconsistent with your claimed limitations.

At Jurewitz Law Group Injury & Accident Lawyers, we have seen all these tactics and more and know how to fight back against them. When you collaborate with our team, we will manage all communication with the insurance company on your behalf, safeguarding your rights and advocating for your interests throughout the process.

Don’t Face the Insurance Company Alone — Contact a Tampa Car Accident Lawyer Today

If you have been injured in a Tampa car accident caused by another driver, don’t try to navigate the insurance claim process on your own. The experienced personal injury attorneys at Jurewitz Law Group Injury & Accident Lawyers are here to guide you through every step of the process and fight for the compensation you deserve.

We offer free, no-obligation consultations to all potential clients so that you can learn more about your rights and options without any upfront costs. If you choose to work with us, we will handle your case on a contingency fee basis, which means you won’t owe us anything unless we recover compensation for you.

Don’t wait to get the help you need — contact Jurewitz Law Group Injury & Accident Lawyers online or at (619) 233-5020 to schedule your free consultation with a Tampa car accident lawyer. We are here to listen to your story, address your inquiries, and offer the skilled legal representation necessary for you to progress with your life following a severe crash.

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Downtown Office
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