Car Accident FAQs

Submitting a personal injury claim and navigating the legal system after a car accident can be confusing. Without the assistance of a car accident lawyer in Pensacola, Florida, you could lose your case or receive a settlement that does not accurately reflect your damages. To help you with your case, we provided answers to frequently asked questions below as a starting point. Contact Thomas J. Ueberschaer, P.A., and Ask Tom if you have further questions or want to get started with your case.

I’ve been injured in a car accident. What should I do first?

If you get hit by someone without insurance, you may still have options for recovering compensation. Florida is a no-fault insurance state, so the initial care you receive will be paid by your own Personal Injury Protection portion of your policy. If you suffered serious injuries from an accident in Florida, you may also be able to make a claim against your own insurance company if you carry UM (Uninsured/Underinsured) Coverage. Our office will always request certified copies of all insurance policies from all drivers involved in an accident as soon as possible.

How do I prove the other driver is at fault?

Your attorney can gather evidence from a variety of sources such as eyewitness accounts, photos, video surveillance, police reports, medical reports, driving records and expert testimony. They will use evidence to establish fault and liability and submit the evidence to the insurance company or, if necessary, a judge.

What happens if I get hit by someone without insurance?

If you get hit by someone without insurance,  you may still have options for recovering compensation.  Florida is a no-fault insurance state, so the initial care you receive will be paid by your own Personal Injury Protection portion of your policy.  If you suffered serious injuries from an accident in Florida, you may also be able to make a claim against your own insurance company if you carry UM (Uninsured/Underinsured) Coverage.  Our office will always request certified copies of all insurance policies from all drivers involved in an accident as soon as possible.

How much is my personal injury case worth?

There is no set amount for car accident injury cases, as each case is unique. How much compensation you receive depends on a range of factors such as the circumstances of the accident, the parties involved and the extent of your damages. One of our most important jobs is to make sure our clients see the right physicians who will properly diagnose and treat your injuries, and be able to provide a clear estimate of the projected cost of all future care. Thomas J. Ueberschaer, P.A. will fight for fair compensation based on your economic and non-economic losses.

What can I claim in a car accident case?

There are several ways that a legal team can assess and calculate damages. For instance, economic damages may include medical expenses, lost pay, lost benefits, adjusted living expenses, lost future pay or property damage. Non-economic damages may include pain and suffering, emotional trauma or loss of quality of life. In some cases, a judge may award punitive damages if the other driver’s reckless behavior caused your injuries.

Should I contact my insurance company after the accident?

If possible, try to consult a car accident lawyer in Pensacola, Florida before you contact your insurance company. Your lawyer can either contact the insurance company on your behalf to negotiate a fair settlement or counsel you on how best to communicate with the insurer. Either way, it is important to engage with the insurer in a way that does not incriminate you or hurt your case.

What happens if the insurance company rejects my claim or offers a low settlement?

If the insurance company rejects your claim or offers a settlement that does not reflect your damages, you may be able to file a lawsuit against the insurance company and take your case to court. Thomas J. Ueberschaer, P.A. can represent you in court to challenge the insurance company’s decision.

Why do I need an attorney to file a car accident claim?

A car accident injury can impact you in several ways. While most of the damages are financial, other damages can affect your life in ways you never imagined. It is worth your time and effort to explore all of your options with an attorney so that you get a fair settlement.

A lawyer can protect your rights under Florida law and work to get you compensation for ALL your damages. A legal team has the experience, knowledge, resources and personnel to advocate on your behalf while you recover from your injuries. Your lawyer can also represent you in court if you have to file a lawsuit. You get the leverage you need to improve your chances of winning the case.

How long after the accident do I have to file a personal injury claim?

In Florida, the statute of limitations for car accident claims is generally four years from the date of accident.  Once that time has passed, the at-fault party may no longer be legally liable for your damages.  You may not be able to file a claim or lawsuit against the party or their insurance company thereafter.  Importantly, there are circumstances where the statute of limitations period could be as little as two years, making it very important to call our office as soon as possible.

Contact Thomas J. Ueberschaer, P.A., to Represent You Today

When you are ready to move forward with your case, we are here to help you every step of the way. Thomas J. Ueberschaer, P.A., provides comprehensive legal services for victims of car accidents in Florida. Contact us today to get started with your claim.

 We can answer your questions, address your concerns and work on your behalf to take on the insurance companies. To schedule a free case evaluation, call us at 850-741-7381.

Injured in an Accident?

With Over $100,000,000 in Verdicts and Settlements, the Victories Just Keep On Coming.

AUTO ACCIDENTS

$2,500,000 recovery for pedestrian struck by impaired driver. $500,000 settlement for a young driver rear-ended by delivery driver.

WORKERS' COMPENSATION

$1 million for client who fell off unsafe structure at work, causing permanent disability and requiring lifelong medical treatment.

SOCIAL SECURITY DISABILITY

$41,000 in back-due benefits won at hearing, with ongoing benefits payable for 50-year-old machinist with failed back surgeries.