If you answer yes to ALL of the following 3 items, you do have a case.
1. The Person/Company at fault has liability insurance
If you were in a car accident and the driver – or owner – of the company that caused your accident has bodily injury liability insurance, you can skip to #2. If were injured on the property of a business, and they have commercial liability insurance coverage, you can skip to #2.
If you were in a car accident and had uninsured/underinsured motorist (UM/UIM) insurance at the time of the accident, you may have a claim for personal injury even though the driver or owner of the car has no bodily injury liability insurance. In Florida, you can easily find out whether there is insurance that will cover you for your injuries.
2. Someone else caused the accident
If some else caused your accident, you can skip to #3. If you were partly at fault, you may still have a claim. Because your comparative fault affects the amount of money that you may get, the person/company who caused your accident only has to pay you for his/her percentage of fault.
For example, if the other person was 50% at fault, you are able to recover 50% of the full value of your injuries. If you were injured in Florida and were completely responsible (100%) for causing your accident, most of the time you will not receive money for your personal injury claim.
3. Someone else caused your injuries
If someone else caused your injuries, you generally need to receive some medical treatment as a result of the accident to have a case. Some examples from treatment are the following:
a) Ambulance or fire rescue – (You may still have a case even if you did not taking an ambulance to the hospital.)
*This post is not speaking about PIP (Personal Injury Protection). PIP insurance may pay a lot of your medical bills if you are involved in a car accident. or medical payments coverage.
Are there any other factors that you think are important in determining whether you have an injury case?