Some people walk away with minor bumps or bruises. Unfortunately, many others sustain serious, long-lasting injuries that require medical treatment, time away from work, and ongoing rehabilitation. 

Have you been injured in a Florida car accident? If so, it is important to know how the type and severity of your injuries can directly impact your personal injury claim or settlement. 

Florida Car Accidents Can Cause Serious Injuries

In 2023, there were over 395,000 car accidents reported in Florida. Many of these collisions left people suffering devastating injuries. 

Let’s take a look at some of the most common car accident injuries in Florida.

Whiplash

One of the most common injuries after a rear-end collision is whiplash. This injury occurs when the neck is forced back and forth rapidly. Soft-tissue injuries may not always appear on X-rays but can cause significant pain, stiffness, and headaches. 

How could your settlement be affected? Insurance companies sometimes downplay whiplash as “minor.” It’s important to have thorough medical documentation to prove the seriousness of your injuries. 

Broken bones

Broken legs, arms, and wrists are common in car accidents. These injuries often require surgery, physical therapy, and weeks or months away from work. 

Broken bones are usually proven through medical imaging. The cost of medical treatment, lost wages, and rehabilitation can greatly increase your settlement value. 

Internal injuries

Seatbelts and airbags save lives, but they can also cause internal bleeding, organ damage, or other injuries. These injuries might not be immediately obvious but can be life-threatening if left untreated. 

The seriousness of these injuries often leads to higher medical costs and significantly increases settlement value.

Back and spinal cord injuries

The human body and spine are not designed to sustain heavy impact, and back injuries are very common in Florida car accidents. A herniated disc, nerve damage, or spinal injury can cause chronic pain, reduced mobility, or even paralysis. 

Head injuries

Even without a direct blow, the force of a collision can cause concussions or other traumatic brain injuries (TBIs). Symptoms like dizziness, confusion, or memory issues may not appear immediately, sometimes surfacing hours or days later. 

Brain injuries often result in higher settlements because of the potential for permanent impairment and lifelong care. 

The Importance of Getting Immediate Medical Treatment After a Florida Car Accident

After an accident, adrenaline and shock can mask pain. This could make you think you’re “fine” when, in reality, injuries are developing. Conditions like concussions, internal bleeding, and whiplash often show delayed symptoms that may not appear for hours or even days later. 

Seeking immediate medical treatment helps you in two ways. First, getting an early diagnosis ensures you get the care you need before your condition worsens. 

Second, it protects your personal injury claim. Insurance companies often try to argue that your injuries weren’t serious or caused by the crash. Immediate medical documentation creates a clear link between the accident and your injuries, strengthening your car accident case. 

Why More Serious Injuries Often Mean Higher Settlements

The severity of your injuries is one of the biggest factors that determine the value of your settlement. 

More serious injuries typically mean:

• Higher medical costs: Emergency care, hospital stays, medications, and rehabilitation costs 
• Lost wages: If your injuries prevent you from working, or if you can’t return to the same job
• Long-term care needs: Permanent disabilities, ongoing therapy, or the need for assistive devices 

Because of these costs, cases involving severe injuries usually lead to higher settlements than cases involving minor or short-term injuries. 

How Florida PIP Coverage Works 

Florida is a no-fault insurance state, which means drivers must carry Personal Injury Protection (PIP) coverage. PIP pays for:

• Up to 80 percent of all reasonable and necessary medical expenses (up to your policy limit)
• Up to 60 percent of lost wages
• Certain out-of-pocket expenses

The problem with PIP coverage is that it is limited and often not enough to cover serious injuries. In cases of “serious injury” under Florida law, you can step outside of the no-fault system and sue the at-fault driver for additional damages such as pain and suffering. 

Get Help From a Florida Car Accident Lawyer Today

The aftermath of a car accident can be overwhelming. When insurance companies are looking for reasons to deny or delay your claim, it can feel like the legal system is working against you. 

This is where having an experienced Florida personal injury lawyer by your side can make all the difference. A skilled attorney from our law firm can gather the medical records and evidence needed to prove the full extent of your injuries and ensure that you receive full compensation for all of your damages. 

At Kogan & DiSalvo, we are committed to standing up for car accident victims across Florida. We know how devastating a serious injury can be for your health, finances, and peace of mind. Contact us today to schedule your free consultation. 

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What Black Boxes Record During a Crash

In general, vehicle black boxes record driving data, occupant information and performance metrics. When a crash occurs, the most important data stored within the black box includes:

• Information about the vehicle’s speed and acceleration
• Brake usage and force measurements
• Throttle position
• Steering angle
• Crash severity

The black box can also reveal seatbelt usage, airbag deployment and various forms of pre-crash data. All of this information can reveal a driver’s habits and their behavior leading up to the crash, which may strengthen your claim if you decide to pursue compensation for your damages.

How Black Box Data Can Support Your Car Accident Claim

The black box data from your own vehicle can strengthen your claim, but so can the data from the other driver’s vehicle. It is worthwhile to explore both sources of data for evidence you can use, if possible.

Your black box can show that you were obeying traffic laws and speed limits, observing good safety practices and making a reasonable effort to avoid a crash. In other words, it may prove that you upheld your duty of care to other drivers and that you did not contribute to the occurrence of an accident.

The other driver’s black box might show that they were speeding, swerving or that they failed to brake in time to avoid a collision. These behaviors can be evidence that the other driver violated their duty of care toward you and that their negligence makes them liable for your damages.

What Florida Law Says About Accessing Vehicle Data

Florida law acknowledges that vehicle black box data may contain private information. In an effort to protect individual privacy, the law requires the owner’s permission or a court order to access black box data. This means that you cannot automatically access someone else’s black box data even if you get into an accident with them.

During negotiations for a car accident claim, both sides typically bring all relevant evidence to the table in a process known as “discovery.” Crash data from a vehicle black box is highly relevant during this process, but Florida’s privacy laws do not necessarily force either party to make this information public.

Your car accident attorney can use a subpoena or court order to attempt to gain access to the other driver’s black box data. This is not guaranteed to succeed, and it may lengthen the negotiation process, but keep in mind that the other party’s refusal to share data may strengthen your claim that they are at fault for the accident.

How a Car Accident Attorney Uses Black Box Data

Car accident attorneys have experience investigating dozens or hundreds of accident cases. They can leverage that expertise to analyze black box data and reconstruct the crash. They build accurate moment-to-moment timelines of what happened and identify exactly where the vehicles were in relation to one another when the collision occurred.

Local lawyers also have connections with respected experts in the area. Your legal team can call in accident reconstruction experts, mechanical engineers or behavioral experts who can help nail down the sequence of events. These expert testimonies can stand as powerful evidence during negotiations or courtroom litigation.

In many cases, the greatest purpose of black box data is to corroborate other types of evidence. There are times when witness statements or photographs can be compelling, but not quite able to support your claim on their own. Your lawyer can use black box data in tandem with those other forms of evidence to present a more sturdy argument on your behalf.

Call Our Car Accident Lawyers Today

At Kogan & DiSalvo Personal Injury Law, our car accident lawyers spare no effort to explore every option for getting you the compensation you deserve. We respect the role that vehicle black box data can play in complex car accident cases. From proving the other driver’s fault to establishing your innocence, we use this powerful tool to the fullest.

Contact us today to schedule a free case evaluation. Our services are free unless we win a settlement for your damages.

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However, getting that compensation isn’t necessarily as easy as insurance commercials may make it seem. Find out more about whiplash and how to recover damages for this type of injury. 

What Is Whiplash?

Whiplash, the common term for what medical professionals call “cervical acceleration-deceleration,” is a soft tissue injury caused by a sudden forward and backward motion from a sharp jolt to the body. The name comes from the whip-like motion that causes a sprain or strain of the head, neck, and spine.

How Does Whiplash Happen? 

The most commonly reported cause of whiplash is motor vehicle accidents. The rapid shock of vehicles colliding jars the body and spine forward and backward, overextending and straining the neck. Rear-end collisions tend to produce the most cases of whiplash, but they’re possible in practically any type of accident. 

Of course, other types of misfortunes can cause whiplash. Bicycle, motorcycle and horse riders can experience this trauma. Athletes in high-speed contact sports are also likely to show signs of whiplash from sudden impacts. 

Even falls and workplace accidents can be responsible for whiplash. A steep drop can lead to a forceful impact on the neck and head, and machinery could yank a person and cause whiplash. Another lesser-known source of whiplash is physical abuse, especially if the assailant shook a victim or struck the person in the head.

How Much Is a Whiplash Settlement Worth?

There is no specific value for the damages in a car accident settlement that includes whiplash. Compensation for all personal injury cases depends on your specific economic and noneconomic losses. 

The insurance company or court first determines who is liable to cover the cost of your injuries. It then looks at:

• The severity of your injuries and the cost of your medical treatment and equipment, both present and future
• Any wages you’ve lost or will lose as a result of treating your injuries
• The acceptable value of noneconomic damages for mental, emotional or psychological harm that you experience because of your injuries

The reason we don’t publish any averages here is because each claim is unique. Also, many settlements are confidential, leaving limited data on such payouts. However, if you call us for a free case evaluation, we can discuss in more detail the elements of your case and what you might be able to expect. 

How Do Florida’s No-Fault Insurance Laws Impact My Claim?

Whiplash is most often associated with car accidents, so you’ll likely turn to your car insurance for benefits. In Florida’s no-fault system, you can receive compensation no matter who is at fault, and your own insurer is initially responsible for your losses.

The basic level of personal injury protection (PIP) that Florida residents must purchase covers only 80% of necessary medical expenses up to $10,000. To get compensation beyond that, you can purchase an extended PIP plan with higher limits. 

If you don’t want to pay these costs yourself, you can file a lawsuit against the at-fault driver to cover the excess amount. The other person’s insurance will most likely pay the claim, and you need to be ready with strong evidence to show the extent of your injuries. 

What Are the Symptoms of Whiplash?

Neck stiffness or soreness is one of the first signs of whiplash. The condition is likely if you start to experience limited movement in your neck or struggle to move your head and shoulders.

The injury can cause headaches, jaw pain, back pain or numbness in the arms or hands. Others begin to deal with a constant ringing in the ears, also known as tinnitus. Dizziness, nausea, fatigue, lack of focus and sleep issues may also occur.

These symptoms often lead to increased stress and anxiety. You may struggle with these feelings, particularly when medical professionals have trouble diagnosing you or others don’t believe you’re dealing with a serious problem. 

Unfortunately, soft tissue injuries can be difficult to diagnose, including whiplash. This is one reason to seek medical attention promptly after an accident. 

Your adrenaline may mask the pain at first, and it can take days for you to see symptoms. Monitoring your condition under the watchful eye of a healthcare professional ensures you can get the appropriate treatment and documentation necessary for getting compensation for medical damages.

How Severe Is a Whiplash Injury, and What Treatments Are Helpful?

Like many other injuries, the long-term consequences of whiplash vary considerably. Benign cases involve pain that goes away on its own within days or weeks. In these situations, you manage the discomfort with pain medication, massage and hot or cold packs. You may also be able to strengthen the head, neck and shoulders with exercises.

At the other end of the spectrum, whiplash can be a sign of more serious harm, even traumatic brain injury. If you had preexisting neurological conditions or symptoms, such extreme wounds are more likely.

More severe whiplash cases could require stronger painkillers than you can get over the counter. You may even need muscle relaxers or steroid injections for intense pain. Beyond exercises you can do on your own, physical therapy or chiropractic treatments can strengthen and repair the body.

Most people experience symptoms that fall between these two extremes. After a significant impact, you may feel head, neck, shoulder and back pain months or years after a car accident, even if you didn’t notice it right away.

Do You Deserve Compensation for Your Whiplash Injuries? 

If you are experiencing the effects of whiplash after a car accident or some other jarring personal injury, we can guide you through the process of getting fair compensation. Call our team at Kogan & DiSalvo to see how we can help.

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Safety experts and government officials track pedestrian accident statistics to evaluate safety measures and find areas that need improvement. Here, we’ll break down the pedestrian accident statistics for 2023, highlight areas of concern and discuss steps you can take to protect yourself and your loved ones.

Pedestrian Accident Fatality Rates

Preliminary data for 2023 from the Governors Highway Safety Association shows that the rate of pedestrian accident fatalities has declined from the previous year. The country saw 7,318 fatalities in 2023, compared to 7,737 in 2022 – a 5.4% decrease.

However, this number is still higher than in 2019, when there were 6,412 pedestrian fatalities, marking a 14.1% increase over the last four years. Even when considering the rising national population, the rate of these accidents has slightly risen.

Looking at the long-term trends, however, the rate of pedestrian accidents has increased substantially. In 2010, pedestrians accounted for 13% of all traffic fatalities, but by 2022, that number had increased to 17.8%. From 2010 to 2022, pedestrian deaths increased by 77%, while other traffic fatalities rose by just 22%. The time and location of these incidents play a big role – 77% of pedestrian fatalities in 2022 occurred at night, and 66% happened in areas without sidewalks.

The Best and the Worst States for Pedestrian Accidents

In 2023, 29 states saw fewer pedestrian accidents, while 21 states and Washington, D.C., experienced increases. Arizona and California led the way in reducing fatalities, with 243 fewer deaths between them, making up 58% of the total national decrease. New York also saw a notable decline in fatalities. On the other hand, Colorado, Maryland and Kentucky had the largest increases.

When considering fatalities per 100,000 people, Arizona had the most improvement, lowering its rate from 4.24 to 2.96. Louisiana came in second, going from 3.95 to 3.17, and Connecticut was third, going from 2.02 to 1.33. On the other side, Idaho experienced the steepest increase, followed by Nevada and Kentucky.

Florida Pedestrian Traffic Fatalities

Unfortunately, Florida was one of the 21 states that saw the number of pedestrian traffic fatalities rise, registering an increase of 2.7%. The data on pedestrian deaths over the last five years is:

• 2019: 745
• 2020: 716
• 2021: 833
• 2022: 780
• 2023: 801

Florida recorded 21 more fatalities in 2023, the fourth highest increase in the nation. By percentage, however, Florida had the smallest increase among states with rising fatalities, at 3%. 

Despite being the third most populous state, Florida still faces challenges in pedestrian safety, especially since other large states like California, Texas and New York saw declines.

Deeper Insights From 2022

All we can get for 2023 are the raw preliminary numbers without much context. However, the report does share data from 2022 and before with more granular insights. Key points include:

• Speeding-related pedestrian fatalities declined in both 2021 and 2022.
• Minorities are disproportionately affected by pedestrian fatalities, making up 59.7% of accidents.
• The age groups most impacted by pedestrian deaths are youths aged 15-20, young adults aged 21-24, and children under 15.
• Driver alcohol impairment was a factor in 18.5% of pedestrian traffic fatalities.
• Most accidents occur on city streets with intersections and traffic lights rather than highways.

Interestingly, as dangerous as intersections can be, only 24% of fatal pedestrian crashes were at intersections.

Steps for Reducing Pedestrian Accidents

The Governors Highway Safety Association highlighted several initiatives aimed at reducing pedestrian accidents. Florida received recognition for two efforts: authorizing speed cameras in school zones to improve child safety and providing specialized pedestrian safety training for law enforcement officers. Together, these measures aim to create a safer environment for pedestrians, especially in high-risk areas.

The Safe System Approach

The U.S. Department of Transportation has focused on a “Safe System” approach, which aims to create multiple layers of safety to prevent accidents and minimize the impact when they do occur. The key principles of this approach are:

1. Death and serious injuries are unacceptable: The ultimate goal is to eliminate deaths and serious injuries, not just reduce them.
2. Humans make mistakes: The system is designed with human error in mind, aiming to minimize the consequences of inevitable mistakes.
3. Humans are vulnerable: Pedestrians are among the most vulnerable road users, so the approach focuses on reducing vehicle speeds and separating pedestrians from traffic whenever possible.
4. Responsibility is shared: Everyone – from drivers and pedestrians to government officials and law enforcement – shares the responsibility for road safety.
5. Safety is proactive: Safety improvements should happen before accidents occur, not as a reaction.
6. Redundancy is crucial: Speed limits, sidewalks and pedestrian signals work together to help protect pedestrians when one element fails.

These principles have proven effective in other countries, such as Sweden, where pedestrian fatalities decreased by 50% between 2009 and 2014. 

Both pedestrians and drivers can help prevent accidents by staying alert, avoiding distractions and following the local rules of the road. Drivers should always watch for pedestrians, especially at crosswalks and intersections, and pedestrians should use designated crossings and make themselves visible to drivers, especially at night. By working together and being mindful of each other’s presence, we can make the roads safer for everyone.

What To Do if You or a Loved One Is in a Pedestrian in an Accident

Even the most cautious pedestrians can find themselves in an accident. If you are involved in a pedestrian accident, it’s important to act quickly and follow these steps to protect your health and your legal rights:

1. Get out of the way of danger.
2. Call 911 for police assistance and medical attention.
3. Exchange contact information with the driver and get their insurance information.
4. Document the scene with photos and videos.
5. Contact a lawyer to discuss your options for compensation.

If you have severe injuries, gathering evidence can be challenging. You can ask a friend or family member to help you collect important information at the scene. The team at Kogan & DiSalvo can also assist you in gathering the necessary evidence to build a strong case, even if you weren’t able to do so immediately after the accident.

Seeking Justice After a Pedestrian Accident

A pedestrian accident can change your life and your family’s life in an instant. If you need to seek justice after being injured by a negligent driver, contact our team for a free case evaluation. We’ll compassionately hear your story and let you know how we can help you get the compensation you deserve.

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Evidence can degrade or change over time, so the sooner you or someone you trust can collect good proof of what happened, the better you can expect your case to go. Which pieces of evidence do you need to focus on gathering? Here’s what should be at the top of your list.

The Most Important Pieces of Evidence for Your Lawyer

The following items are the most vital to your case. 

Videos and Photographs

Even the best description of a scene can be open to interpretation. Also, the insurer or the court may view your testimony with some suspicion unless you can back it up with more concrete proof. During settlement negotiations or a trial, a picture is truly worth a thousand words and can lend credence to your version of events. 

You likely have a camera on your phone ready to go, so snap as many photos and take as many videos as you reasonably can. Start by capturing images of all vehicles involved, including their positions on the road and any visible damage. Photos of license plates, as well as the make and model of each vehicle, are especially important, particularly if another driver attempts a hit-and-run.

Next, photograph nearby street signs, traffic signals and skid marks, along with any hazards or obstructions that could have contributed to the accident. Don’t forget to document weather conditions at the time.

Though it may feel embarrassing, photographs of your injuries are also important. These can show the extent of the bodily harm you experienced. 

Determine if there is any surveillance footage from nearby homes or businesses. Check for photos and videos from witnesses. If you’re near an intersection, figure out if the junction has traffic cameras. Of course, if you have a dash cam in your vehicle, that is also invaluable. 

Finally, see if you can get pictures or recordings of the other parties. Be careful not to upset anyone by doing so. However, recording the condition of the other driver could help to determine if you collided with an impaired person.

Police Reports

Police reports are another important resource. However, be aware that these documents cannot technically serve as evidence in Florida courts because of the “hearsay rule.” This takes into account that an officer’s version of events may have mistakes or inconsistencies. This is useful to know because it means that you can supply evidence that contradicts the officer if the report is incorrect. 

Police reports are still useful. They contain witness statements and the investigating officer’s observations, which can be introduced as evidence. The report also gives you insight into how the officer and witnesses perceived the events, which can be helpful if they later testify.

The report can also be a source of information you may have forgotten to collect on the day of the accident, such as the time and location. You can even get details about the other parties if you weren’t able to at the scene, including their names and insurers.

To get a police report, you’ll need to request it and pay a $10 fee, plus a $2 transaction fee. It typically takes up to 10 days to receive. If you work with our firm after your crash, we can make the request for you. 

Medical Reports

It’s not enough to simply share what injuries you have. You need to show the cost of treatment. Save and organize every bill and receipt, as well as the types of scans, tests and procedures you have gone through. 

This is especially important for long-term treatments that will last long after you get your settlement. Remember that settlements and awards are final, and you can’t request more compensation later.

Witness Statements

Get the statements of any bystanders. If you can’t talk much at the scene, try to get their contact information to talk to them later or have someone you trust to do it. (Our attorneys can handle that for you, too.)

Time is of the essence, as people’s memories of events may fade over time. Be polite and respectfully ask if you can write down or record their version of what occurred. Eyewitnesses can provide an unbiased perspective that may fill in missing details or clear up any misconceptions. 

Physical Evidence

Actual items from the scene can be even more effective than pictures. You can show vehicle parts or debris that illustrates the impact of the collision. Damaged clothing is also proof of where and how you sustained injuries. 

Keep in mind that a crash might not just be due to a careless driver. If a defective part played a role, you could get compensation from the manufacturer. Having the malfunctioning item is beneficial for supporting these claims. 

Estimates of Property Value and Damage

You need to have estimates and invoices that show your property’s cost of repair or replacement. Gather receipts, maintenance records and photos that reflect the value of your car before the crash. 

For instance, the insurer or defense may argue that your car was only worth the average market value for similar vehicles in your area with standard wear and tear. When you can show receipts of improvements or upgrades that increased your car’s value, you improve your chances of receiving fair compensation. The same principle applies to any other personal items damaged in the accident.

Get Help With Your Car Accident Evidence

Trying to get all of this evidence together is a lot of work. It’s even more challenging when you consider that you may be recovering from serious injuries. 

Our team at Kogan & DiSalvo can help you ensure you don’t miss anything important. If you or a loved one has had an accident, give our team a call today.

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Can You Let Someone Else Drive Your Car?

You can let someone else drive your car, whether or not they appear on your insurance. However, it’s important to understand that Florida follows the concept of “permissive use,” which means that if you give someone permission to drive your car and an accident occurs, your insurance policy often comes into play.

That said, exceptions exist. If your policy has any exclusions or the person lacks a valid driver’s license, the insurance company may refuse to cover the damages. This situation can leave both you and the driver facing financial consequences.

Determining Liability Between the Owner and the Driver

Liability depends on various factors, but the car owner often shares responsibility, even if someone else drove the vehicle at the time of the accident. Since Florida follows a no-fault insurance system, each driver’s personal injury protection (PIP) coverage pays for their injuries, regardless of who caused the accident. However, if serious injuries or extensive property damage result, the focus shifts to fault and liability can fall on either the car owner or the driver.

In many cases, the owner of the car holds some financial responsibility because the law places emphasis on the vehicle’s insurance rather than the driver’s insurance. If you allow someone else to drive your car, your insurance company likely gets involved. However, the driver’s insurance may also play a role if their negligence caused the crash. If your insurance doesn’t cover all the damages, the injured party may file a lawsuit against both you and the driver.

Understanding Florida’s No-Fault Insurance System

Florida operates under a no-fault insurance system, which means that after an accident, your own insurance covers your injuries, regardless of fault. This system limits lawsuits in minor accidents, focusing on PIP to cover medical bills and lost wages.

PIP only applies to injuries. If the accident involves significant property damage, different rules apply. Property damage liability (PDL) insurance covers the cost of damage to another person’s property when you or someone else driving your car causes an accident. If the damages exceed your PDL limits, you could still face lawsuits.

What Happens If the Driver Lacks Insurance

If you allow someone who doesn’t carry insurance to drive your car, your policy remains the primary coverage. The law mandates that all drivers carry Personal Injury Protection and Property Damage Liability, but if the person driving your car lacks insurance, they fall back on your policy for coverage.

If the accident involves multiple vehicles or causes serious injuries, the stakes rise and navigating the legal process becomes crucial. At this stage, you need professional legal guidance to determine how much liability you share and what steps to take next.

Steps to Take After the Accident

After learning that someone else driving your car caused an accident, taking the following steps helps you stay prepared and protect yourself:

1. Gather Information: You need details about the accident, including photos, witness statements and police reports. These documents become essential if you face a claim.
2. Contact Your Insurance Company: Notify your insurance company immediately to report the accident. The faster they get involved, the sooner they start investigating the situation.
3. Discuss Legal Options: If you face significant claims or lawsuits, consult with a law firm to understand your rights. They guide you through the process and ensure you understand the impact of the law on your case.

Knowing your insurance coverage and legal options helps reduce the stress of dealing with accident claims. 

What If the Driver Didn’t Have Permission to Drive

If someone drives your car without your permission and causes an accident, the situation changes significantly. In the event of an accident, your insurance company may deny coverage, leaving the driver responsible for the damages. In cases where the driver stole your car, you won’t carry liability for the accident. However, you must prove that the driver lacked permission, which can become complicated.

What Happens to Premium Insurance

Your insurance company may raise your premium since your policy often covers the damages. Insurance companies will look at factors like fault, the severity of the accident and your past driving record. Even though you weren’t driving, your car’s involvement might still impact your rates. 

What Happens If the Accident Results in Serious Injuries

If someone suffers permanent injuries or loses a loved one in the accident, you could face lawsuits beyond your PIP and PDL coverage. In such cases, the law looks at negligence. The injured party’s legal team will investigate who caused the accident, whether the car owner holds any responsibility and what role negligence played. The legal process in these situations often involves significant financial risk, so handling the situation with legal guidance becomes critical. 

Review Your Insurance Policy

Before you let anyone drive your car, reviewing your insurance policy helps protect you from unforeseen consequences. Pay close attention to the terms of your policy, exclusions and the limits of your PIP and PDL coverage.

Some policies exclude certain drivers, while others might reduce coverage in specific circumstances. Make sure you fully understand the limitations of your policy, especially if you regularly allow others to drive your vehicle. This simple precaution helps you avoid confusion and financial loss if an accident occurs.

Taking a Cautious Approach

While allowing a friend or family member to drive your car might seem harmless, accidents can cause unexpected complications. At Kogan and DiSalvo, we know how stressful these situations feel. Whether you need help navigating an insurance claim, defending yourself in a lawsuit, or understanding your liability, we provide the support you need. If you would like a legal team on your side during a car accident case, contact us today to see how we can help.

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Florida’s Insurance Requirements

Florida requires all drivers to carry Personal Injury Protection (PIP) insurance and Property Damage Liability (PDL) insurance. PIP insurance covers 80 percent of the medical expenses you incur as a result of a covered injury, regardless of who caused the accident. PDL insurance covers damage that you, or someone else driving your insured vehicle, caused to another person’s property. 

Florida requires drivers to have the following amounts of insurance coverage:

• $10,000 in PIP insurance (Personal Injury Protection)
• $10,000 in PDL insurance (Property Damage Liability)

Vehicles registered as taxis must have the following amounts of coverage:

• Bodily Injury Liability (BIL) coverage of $125,000 per person and $250,000 per occurrence
• $50,000 in PDL insurance 

Even if you are not driving your vehicle or if your vehicle is inoperable, you’re still required to have continuous coverage. You also must purchase your insurance policy from an insurance carrier that’s licensed to conduct business in Florida. 

If you are driving without the required coverage, you could face legal penalties. Though you may not be at fault for any accidents, you will still be held responsible for failure to meet Florida’s insurance requirements.

Steps To Take After an Accident If You Don’t Have Insurance

If you’re involved in an accident without insurance, the first thing you should do is ensure your safety and the safety of others. Move to a safe location as soon as you can, and check for injuries. Then contact the police to report the accident and seek help. 

After ensuring your safety, exchange information with the other driver. Be sure to collect their insurance information. You should also gather evidence such as photos of damage, witness contact information and a copy of the police report. 

Even if you don’t feel injured, you should seek medical attention as soon as possible. This is because some injuries may appear later. Seeking early treatment can help ensure you properly treat any injuries you may have. Furthermore, documentation of your medical treatment can support your case if you pursue a claim or lawsuit. 

Legal Consequences for Driving Without Insurance

Though you may not be responsible for the accident, you can still face severe penalties for driving without the insurance that Florida requires. You may face fines, suspension of your driver’s license and the revocation of your vehicle registration. It’s therefore important to work with an experienced personal injury attorney if you find yourself in an accident without insurance.

Medical and Property Damage Costs

As an uninsured driver, your access to coverage for medical and property damage is limited. Typically, your PIP insurance would cover your medical expenses up to a certain amount, but without this coverage, you may be left with significant out-of-pocket costs. While you can seek compensation from the at-fault driver’s insurance, their coverage might not fully cover your losses. 

Comparative Negligence 

Florida follows a comparative negligence rule. This means that if you are found partially at fault for the accident, your compensation could be reduced by that amount. For example, if you were 30% at fault, any settlement you receive may be reduced by 30%. It’s also important to note that Floria’s comparative negligence rule doesn’t allow you to receive compensation if you are more than 50% at fault. 

Can You Sue the At-Fault Driver?

In Florida, you can sue the at-fault driver for compensation beyond what their insurance covers, such as pain and suffering, medical bills and lost wages. Since the process of pursuing a lawsuit can be lengthy and costly, you may want to consider other avenues first. Your personal injury attorney can evaluate your case and identify if and when it would be best to file a lawsuit.

What If the At-Fault Driver’s Insurance Coverage Is Insufficient?

In some cases, the at-fault driver’s insurance may not be sufficient to cover all your damages, especially if you have severe injuries from the accident. To avoid this type of situation, you should have Uninsured/Underinsured Motorist (UM) coverage. However, if you don’t have Uninsured Motorist (UM) coverage, you may be left with limited ways to collect the compensation you need.

Financial Impact and Long-Term Consequences

The financial impact of driving without insurance in Florida extends beyond the immediate costs of an accident. Without insurance, you are responsible for all medical expenses, vehicle repairs and other related costs.

Moreover, the lack of insurance can negatively affect your driving record, potentially leading to increased insurance premiums if you decide to obtain coverage in the future. Additionally, the penalties for driving without insurance, such as fines and license suspension, can have long-lasting effects on your financial stability and ability to drive legally in the state.

How to Protect Yourself

If you find yourself in an accident without insurance, consider consulting with a lawyer who specializes in car accidents and uninsured motorist claims. A legal professional can help you understand your rights, assess your options for compensation and identify the best course of action.

Document all your damages and keep thorough records of any medical treatments, repair costs and lost wages. Most importantly, take the necessary steps to obtain insurance as soon as possible. Not only will this protect you from future legal and financial risks, but it will also provide peace of mind knowing you are covered in the event of another accident.

Working With A Personal Injury Attorney

One of the best ways to protect your rights and increase your chances of a favorable outcome is to work with a personal injury attorney. Most personal injury attorneys–including Kogan & DiSalvo Personal Injury Lawyers–work on a contingency fee basis. This means you don’t pay any upfront costs. Instead, your lawyer will take a percentage of the settlement or judgment that you win. If you don’t win anything, they don’t get paid.

We Can Help You If You’ve Been In An Accident

If you’ve been in a car accident, you deserve to be fairly compensated regardless of whether or not you have insurance. For a free case evaluation, contact us at Kogan & DiSalvo Personal Injury Lawyers today. Our experienced team is committed to helping accident victims get the compensation they deserve. 

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However, the more recent discussions now include an additional “feature” that was not initially a part of your car but nevertheless becomes a part of the person’s driving experience. We are referring to the equipment provided by the car insurance company that tracks the person’s driving habits as part of the usage-based insurance program. This little beacon is placed in the car and remains there for a certain period of time or indefinitely, depending on the program offered by the insurance carrier, and it connects to an app on the driver’s smartphone. The communication between the beacon and the phone while the person is driving allows the insurance carrier to collect data related to the person’s driving habits.

This program is voluntary and is now widely used by most major car insurance companies like State Farm (Drive Safe and Save), Liberty Mutual (RightTrack), Nationwide (SmartRide), Allstate (Drivewise), Geico (DriveEasy), Progressive (Snapshot), and Farmers (Signal). The program participant may disenroll from the program, though the consequences may include the loss of the discount on the insurance premium.

The typical insurance tracking device collects information such as: (1) speed; (2) breaking (i.e. hard breaking); (3) cornering (i.e. hard cornering); (4) acceleration; and (5) phone distraction (i.e. application usage on a smartphone such as texting). Some devices go beyond and collect more information, such as daytime vs. nighttime driving, as well as driving frequency and duration.

Considering the information collected by the beacon, the typical concerns arise regarding surrendering personal and private information regarding the person’s life, such as the location, date, and time of the driver’s trips. Further, the beacon will notify the insurance carrier of the negative events of the trip, such as car accident or driving over the speed limit. The car insurance company may rely on such information while considering the person’s claim for compensation.

The obvious benefit of participating in the usage-based insurance program is saving money on the car insurance premium, provided that the driving experience reflects safe driving habits. However, an additional benefit might be supporting your insurance claim using the data collected by the beacon to prove that you were not at fault.

Ultimately, the decision to participate in the usage-based program that utilizes a tracking beacon rests with the driver and largely depends on how much information the person is willing to share with the insurance company. Having an experienced attorney on your side will increase your chances of utilizing this information to see if this new “feature” might work in your favor.

Disclaimer: The information in this blog post is provided for general informational purposes only. The firm is not pursuing a legal action against insurance companies related to the tracking beacon of any insurance company.

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If you are involved in a car accident, contacting a car accident attorney is in your best interest to help you with your case. Kogan & DiSalvo Personal Injury Lawyers have the knowledge and expertise to help you get the most out of your car accident claim. We will also help you understand how the following factors can affect the value of your car accident claim.

Severity of Injuries

The severity of your injuries in a car accident is a significant factor that affects settlement amounts. A Martindale-Nolo survey was conducted in 2020, and results showed that injured car accident victims were awarded an average of $29,700 instead of the typical compensation average of $8,200.

Medical Expenses

Medical expenses are one of the most significant factors that affect the value of your car accident claim. The type of injury and how bad the injury was directly impacts the settlement amount for your car accident. 

You must understand that insurance companies are only responsible for paying for reasonable and necessary medical expenses. The insurance company can legally deny compensation if your medical bills are extreme or far over what is typical for your injuries. 

Property Damage and Lost Wages

Financial loss, such as lost wages and property damage, also determines car accident settlement amounts. The settlement for a car accident is there to make the victim whole after the losses sustained. The settlement amount should account for lost wages due to missed work, property damage, and medical bills. 

Pain and Suffering

There are two types of pain and suffering that you can be compensated for in a car accident claim: physical pain and suffering due to injury and mental anguish from the physical injury.

However, it is difficult to calculate an individual’s pain and suffering because everyone has different pain thresholds. So, to say that everyone’s pain and suffering should be calculated equally is a false claim.

Also, considering Florida is a no-fault state, if your injuries do not meet the state’s threshold for filing a liability claim against the at-fault driver, “pain and suffering” will not be calculated into the insurance company settlement amount. Sustaining a permanent injury or a permanent aggravation to a pre-existing condition is necessary to recover pain and suffering damages.

Liability

Florida is a contributory negligence state. That means if you, the injured victim, are more than 50% liable (responsible) for causing the accident,  you will recover nothing from the defendant or their insurance company. If you are less than 50% at fault, you are able to recover your damages (reduced by any percentage of liability (responsibility) attributed to you.

Insurance Policy Limits

Most states require people to carry liability insurance in case of car accidents. If the policyholder is at fault in an accident, their insurance company will compensate injured parties up to the policy limit. 

If the total cost of damages exceeds the policy limit, the insurance company will not pay the excess amount. You can file a claim against the at-fault driver, but you will most likely only be compensated if they have the extra funds available.

Evidence and Documentation

Proper evidence to support your claims in a car accident lawsuit is vital to winning your claim. You are a key witness involved in the accident, but if you do not have the evidence to back up what you are saying, no one is likely to believe you. 

Some of the types of evidence you should include in your claim include:

• Police reports
• Photographs
• Witness statements and testimony
• Medical records and bills

With these forms of evidence by your side, your claim will be stronger, and you will be more likely to win. 

You should do these things directly following your car accident to ensure you have everything you need for your claim. You will want to talk to witnesses and collect their names and contact information for future contact if needed. Ensure you call the cops and get a police report. 

You will also want to get pictures of the accident scene, including damage to the vehicles involved, vehicle license plates and debris, skid marks, traffic signs and signals, road conditions, the exact location of the accident, and your injuries. Get the dashcam footage from both vehicles. 

Legal Representation

Having legal representation can also be a factor that affects the value of your car accident claim. The car accident lawyer you hire should have the knowledge and expertise to represent you to the best of their ability. They will help you gather evidence and all the necessary information to win your claim.

They can also help by calculating all of the damages for your claim and help you negotiate a fair settlement with the insurance company. If negotiations do not go as planned, they can represent you in court to get you total compensation for damages. 

Kogan & DiSalvo Can Help You with Your Car Accident Claim

Car accident claims can be challenging to navigate. That’s where Kogan & DiSalvo Personal Injury Lawyers come in. We have the knowledge and expertise to help you navigate your car accident claim and get the best possible outcome. If you have questions or were involved in a car accident in Florida, contact us to schedule a free consultation to discuss and review your case today.

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Legal and Insurance Procedures

Car accident cases in Florida involve several steps, from filing a claim to negotiating with insurance companies and potentially going to court. Each stage requires a thorough understanding of state laws and legal procedures. Without proper knowledge, representing yourself can be challenging and may result in unfavorable outcomes.

The first step in any car accident case is filing a claim with the insurance company. This process involves gathering evidence, documenting injuries and damages and communicating effectively with the insurer. In Florida, the statute of limitations for filing a personal injury claim is generally two years from the date of the accident. Missing this deadline can result in losing your right to seek compensation.

After filing a claim with the insurance company, you may need to negotiate. Insurance companies often aim to minimize payouts. They may use tactics to delay or deny your claim, making it important for you to understand your rights and the full extent of your damages.

If negotiations with the insurance company fail, your case might proceed to court. Representing yourself in court requires knowledge of legal procedures, evidence presentation and courtroom etiquette. Judges and opposing attorneys may expect you to adhere to the same standards as a licensed attorney, which can be daunting without legal training.

Pros and Cons of Self-Representation

Self-representation has a mix of pros and cons. The decision to represent yourself in a car accident case should not be taken lightly. Be sure to familiarize yourself with the pros and cons so you can make an informed decision. 

Pros

The main pros of self-representation are potential cost savings and control over your case. Many accident victims believe that they’ll save money by not having to pay legal fees. Accident victims may also be attracted to the idea of having full control over the decisions and strategy of their case. 

However, it’s important to remember that many personal injury and car accident lawyers work on a contingency fee basis. This means the payment they collect will just be a percentage of whatever compensation they win for you. With this arrangement, you don’t need to pay out of your own pocket upfront for legal services. 

Though the idea of controlling your own case may sound appealing, it’s unwise to manage your own case if you lack legal training. Without the right training and experience, you’re likely to end up with an unfavorable outcome. 

Cons

There are several cons to self-representation in car accident cases. For example, your lack of knowledge can negatively impact your case. Without legal training, you may miss critical details. To handle your case successfully, you must understand Florida’s car accident laws, insurance policies and legal procedures.

Another con is the amount of time required for self-representation. Gathering evidence, negotiating with insurance companies and preparing for court can be overwhelming, especially if you are recovering from injuries. 

One of the biggest cons of self-representation is the risk of unfavorable outcomes. If you don’t have proper legal training and experience, you may not receive the compensation you deserve and your quality of life may be severely impacted.

Benefits of Hiring an Attorney

One of the best ways to help ensure you receive fair compensation after an accident is to hire an attorney. Here are some of the benefits of hiring a personal injury attorney:

• Knowledge and Experience: Our team at Kogan & DiSalvo has extensive experience handling car accident cases in Florida. We know Florida laws and have a track record of reaching favorable outcomes for clients.
• Resources and Support: A law firm can provide the necessary resources to build a strong case. This includes access to medical experts and investigators. These resources can be essential in proving liability and demonstrating the extent of your damages.
• Stress Reduction: Hiring an attorney can alleviate the stress of managing a car accident case. We handle all aspects of your claim, from filing paperwork to negotiating with insurers and representing you in court. This allows you to focus on your recovery and well-being.

With an experienced personal injury attorney on your side, you can be confident that your case will be handled with the highest level of care. 

FAQs About Self-Representation in Car Accident Cases

Here are the answers to some frequently asked questions about self-representation in car accident cases.

Can I Represent Myself in a Car Accident Case?

Yes, you can represent yourself, but it comes with significant risks. Understanding the legal process, negotiating with insurance companies and presenting your case in court can be challenging without legal expertise.

What Are the Risks of Self-Representation?

The primary risks include lack of legal knowledge, time constraints and the potential for less favorable outcomes. 

How Can an Attorney Help in My Case?

An attorney can provide legal expertise, manage negotiations with insurance companies and represent you in court. They can also access resources such as medical experts and investigators to strengthen your case.

What Should I Look for When Hiring an Attorney?

When hiring an attorney, look for experience in car accident cases, a track record of successful outcomes and a clear understanding of Florida’s personal injury laws. 

How Much Does It Cost to Hire an Attorney?

At Kogan & DiSalvo, we work on a contingency fee basis. This means we only get paid a percentage of the compensation we win for you. If you don’t win anything, we don’t get paid.

Contact Kogan & DiSalvo

While representing yourself in a car accident case in Florida is possible, it comes with considerable challenges and risks. At Kogan & DiSalvo Personal Injury Lawyers, we are committed to providing the support and expertise to reach a favorable outcome for our clients. Contact us today for a free case evaluation and learn how we can help you. 

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