Hurt in a Car Accident? Don’t Fall for These Common Myths About Filing a Claim

For every helpful blog post on filing personal injury claims, like this one, there’s an article that’s riddled with inaccuracies. Since some of the most common misconceptions about taking action after a wreck could end up hurting your case, it’s imperative to separate fact from fiction before you proceed.

If you were seriously hurt in a collision through no fault of your own and you’re hoping to hold the liable party accountable, here are some of the myths you’ll likely come across, so you know not to fall for them:

1. You Cannot File a Third-Party Claim

Although Florida takes a no-fault approach to car accident claims—that means even if you didn’t contribute to the crash, you must seek compensation from your own insurance carrier—there are scenarios in which you can step outside the system.

If you meet the state’s serious injury threshold, for example, you can proceed with a third-party claim against the liable party’s insurer. To take this approach, you must be able to prove that you or the victim you’re filing on behalf of suffered the following:

• Extensive and permanent loss of a significant bodily function,
• Extensive and permanent scarring or disfigurement,
• Permanent injury within a reasonable degree of medical probability, or
• Death.

2. If You Have Decent Health Insurance, It’s Not Worth Filing a Claim

In the wake of the crash, you’ll quickly learn that unanticipated injuries are costly, and not just for your health insurance carrier. They can also result in lost wages, for example, and you may need to hire various people to help around the house while you recover.

Thankfully, you can include these and other damages in your personal injury claim. You can also seek funds for non-monetary losses like diminished quality of life, mental anguish, and pain and suffering. Put another way, filing a claim could be worthwhile even if you have the best health insurance available.

3. If You Want to Secure a Payout, You Must Go to Trial

The thought of having to navigate complex legal proceedings is enough to make most car accident victims think twice before filing a claim. Fortunately, the majority of all cases are settled. As long as a claim is supported with lots of compelling evidence, the carrier is usually inclined to negotiate.

It’s important to note that there is some truth to this myth, however, because the fact remains that your claim could be one of the few that does go all the way to trial. If you enlist help from a seasoned litigator, though, you won’t have to worry about handling the proceedings on your own.

Discuss Your Case with a Car Accident Attorney in Florida

At Emerson Straw, we’re proud to advocate for those who have been wronged by others. If you want to take action against a drunk, drowsy, or distracted driver, we’ll use all the resources at our disposal to help. Call (727) 821-1500 or submit our Contact Form to schedule a free initial consultation with a car accident lawyer in Florida.