Tampa Car Accident Claims Made Simple

Posted in Auto Accident, Car Accident, Car Accident Claim, Collision

Between I-275, I-4, and busy local roads like Kennedy Boulevard and Hillsborough Avenue, Tampa sees some serious car wrecks. Trucking, tourists, and reckless driving behaviors all contribute to congestion on Tampa roadways. Hillsborough County even saw the most traffic fatalities in the state in 2020, and scored worse than the national average when it comes to daily congestion, commute times, and fatal crash rates.

Tampa car accident claims can be complicated when disputed fault is involved. Even when the facts are clear-cut, your insurance company may try to nickel and dime you out of an appropriate settlement just to protect its own bottom line. Working with Jeff Murphy Law helps Tampa residents move through the process with an expert by their side every step of the way.

Jeff Murphy Law can help cut through the noise and get to the answers you need, all while advocating for your best interests.

Stay Safe and Report the Accident

Call 911 if anyone is injured in a crash. If you can safely move out of the flow of traffic, do so. Under Florida law, Section 316.065, Florida Statutes, you must file a police report if the crash involves injury, death, or over $500 in property damage. Do not leave the scene without first speaking to police officers.

Speak to the other driver(s) involved and ask for their insurance information. Gather their contact information, as well as speak to any witnesses who saw what happened, and ask for their phone or email information as well. Take photos and videos of the scene, and be sure to capture anything you can that contributed to your crash, such as poor weather or construction.

Get Medical Attention Right Away

Florida’s Personal Injury Protection (PIP) rule requires accident victims to seek medical care within 14 days to access their benefits. If you do not do so, the costs of your care can be legally denied by your insurance company. According to Section 627.736, Florida Statutes, your insurance company must provide reimbursement for: “Eighty percent of all reasonable expenses for medically necessary medical, surgical, X-ray, dental, and rehabilitative services, including prosthetic devices and medically necessary ambulance, hospital, and nursing services if the individual receives initial services and care pursuant to subparagraph 1. within 14 days after the motor vehicle accident.”

Going to the doctor as soon as possible is also critical to your own care. You may be seriously injured and not realize it, with the risk of internal bleeding. Additionally, hidden injuries, like concussions or whiplash, can worsen over time.

Finally, document every bill, visit, and prescription that you receive related to your car accident. Keep records, and ask for receipts. If you have additional costs getting to and from doctor’s visits without your car, like needing to take Uber or Lyft after the accident, keep records of these costs as well.

How Do You File a Car Accident Claim in Tampa?

Under Florida’s no-fault insurance system, your own insurer covers initial medical expenses and lost wages (up to policy limits). This is why it is especially important to comply with deadlines to seek reimbursement under your PIP guidelines. You will need to provide receipts, photos, medical documentation, and the police report from your accident.

Filing a claim means notifying your insurance company. While you should also report to the police, as well as consult with a Tampa car accident lawyer, the first claim you put in is to your own PIP coverage under the state’s no-fault system. Here are the steps to filing a car accident claim in Tampa:

1. Read your policy. Know what to expect in advance of your call.
2. Call your insurer. You may also be able to file a claim online.
3. Tell them where your car is. Depending on the severity of the crash, your insurance company may consider replacement costs instead of repairs.
4. Collect your receipts. Keep track of all of your expenses, including childcare costs and transportation expenses related to your doctor’s appointments and car repair.
5. Go to the doctor’s appointment. You must see the doctor within 14 days of your crash.
6. Collect those receipts. In addition to receipts, consider keeping a journal or record of your pain and improvement from the crash.
7. Call an accident attorney. Consult with Jeff Murphy Law to see if you have options outside of your PIP insurance compensation.

Understand When You Can Step Outside No-Fault

Florida law requires $10,000 minimum coverage for PIP insurance. Your first compensation comes from your own policy. However, many crashes involve higher costs than PIP will allow. What happens when a car accident claim exceeds insurance limits?

Florida is a no-fault state, but not a pure no-fault state. This means that Florida law allows you to sue the at-fault driver if you’ve suffered serious or permanent injuries, outside of usual PIP coverage. This might include significant scarring, broken bones, or loss of a bodily function. If a passenger or driver has died as a result of the crash, you may also be able to file a lawsuit.

If you need to pursue additional compensation, talk to a Tampa car accident lawyer. With over 30 years of experience, Jeff Murphy Law offers a combination of personal service and proven local results.

Know the Time Limits Involved in an Accident Claim

As of 2023, Florida has a two-year statute of limitations for car accident claims. This means that the harmed party has two years from the date of the accident to file, or two years from the date of the death in wrongful death claims. Waiting too long to file can prevent you from recovering anything for your costs under Florida law.

The Role of a Tampa Car Accident Attorney

When you are injured in a serious car accident, the last thing you need is to be on the phone disputing the facts with insurers. Jeff Murphy Law can help you handle all communications and negotiate for your best interests. If the insurance company won’t come to the table with a serious offer, Jeff Murphy Law can speak with witnesses and assemble a case on your behalf.

Jeff Murphy Law can help you avoid the following common mistakes that can derail your compensation claim:

• Waiting too late to file.
• Skipping medical treatment, or going too late to the doctor.
• Posting about the accident on social media.
• Apologizing or accepting fault to the insurance company, whether by phone or email.
• Settling before you know the full extent of your injuries.
• Not keeping track of your recovery, pain, or expenses.

What Compensation Can Cover in a Tampa Car Accident Case

When you win a car accident lawsuit, you can receive damages that pay for more of your costs than just your insurance coverage would have. Compensation from a Tampa car accident lawsuit can cover your:

• Medical expenses
• Additional costs in the aftermath, like transit and childcare
• A percentage of your lost wages
• Pain and suffering
• Vehicle repairs
• Loss of future earning capacity
• Ongoing therapy for PTSD, anxiety, or depression from the crash
• Emotional trauma

Tampa Car Accident FAQ

If you have questions about the specifics of your own case, contact Jeff Murphy Law for legal advice. The following are some frequently asked questions:

How Long Do Car Accident Claims Take in Tampa?

In general, a car accident claim timeline depends on the evidence involved and whether fault is disputed. You may expect to wait several months before your accident claim is entirely settled.

Can I Still File a Claim if I Was Partially at Fault?

Yes. In the state of Florida, if you are less than 50% responsible, you can still recover a percentage of your costs from a lawsuit. Your award will be reduced by each percentage that you are deemed to be at fault. Additionally, you can still file a claim with your insurance’s PIP regardless of who was responsible.

What if the Other Driver Was Uninsured?

File a claim with your PIP insurance first and foremost, regardless of the other driver’s insurance status. If you have Uninsured Motorist coverage, you may be able to recover additional costs. You should also file a police report to document the other driver’s lack of coverage.

The Jeff Murphy Law Difference

With over 30 years of experience in trial law, Jeff Murphy Law holds an AV rating from Martindale Hubbell, the highest distinction awarded for both legal skill and ethical standards. With local expertise with Hillsborough County courts and insurers, Jeff Murphy has dedicated his career to helping Tampa families. Jeff Murphy Law Firm offers personalized strategy, open communication, and a proven track record of handling complex Tampa car accident claims.

Take the Right Steps Toward Recovery. Call Jeff Murphy Law Today.

If you’ve been injured in a Tampa car accident, you don’t need to face the personal injury process alone. File early, see a doctor, and consult with a Tampa car accident lawyer. Contact Jeff Murphy Law today for a free consultation and get the guidance you need to move forward with confidence.