After a car accident, you may hear from an insurance adjuster within days — sometimes hours. Adjusters can be friendly and helpful-sounding, but it is important to remember that an insurance company is a business, and the adjuster's job includes limiting what the company pays. This article shares general guidance on common situations. It is not legal advice; every claim is different, so consider speaking with an attorney before making important decisions about your case.
Do: Report the Accident as Required
You generally have a duty to notify your own insurer of a crash and to cooperate with your own policy, including pursuing Personal Injury Protection (PIP) benefits. Florida's no-fault system typically requires that you seek medical treatment within 14 days of the crash to preserve PIP benefits, so prompt medical care matters.
Don't: Give a Recorded Statement to the Other Driver's Insurer
You are generally not required to give a recorded statement to the at-fault driver's insurance company. Adjusters may use a recorded statement to find inconsistencies or minimizing language ("I'm fine," "it wasn't that bad") that can later be used to reduce your claim. It is reasonable to decline and to speak with an attorney first.
Don't: Accept the First Settlement Offer Too Quickly
Early settlement offers are sometimes made before the full extent of your injuries is known. Some injuries — soft-tissue damage, concussions, or back and neck injuries — may not fully appear for days or weeks. Once you accept a settlement and sign a release, you typically cannot reopen the claim, even if your condition worsens.
Be Careful With Medical Authorizations and Social Media
- Blanket medical authorizations: A broad authorization can give the insurer access to your entire medical history, which it may use to argue your injuries are pre-existing.
- Social media: Photos or posts can be taken out of context to dispute your injuries. It is wise to be cautious about what you share while a claim is pending.
Comparative Negligence and Your Statements
Under Florida's modified comparative negligence law (effective 2023), being found more than 50% at fault bars recovery, and any recovery is reduced by your percentage of fault. Adjusters sometimes ask questions designed to elicit admissions of fault, which is one reason it can help to consult an attorney before giving detailed statements.
Serving Car Accident Victims Across South Florida
RNC Legal represents injury victims throughout the tri-county South Florida region. Our attorneys handle claims for clients in:
- Broward County: Fort Lauderdale, Hollywood, Pembroke Pines, Miramar, Coral Springs, Davie, Plantation, Sunrise, and Pompano Beach
- Miami-Dade County: Miami, Hialeah, Coral Gables, Aventura, Miami Gardens, Doral, North Miami, and Homestead
- Palm Beach County: Boca Raton, Delray Beach, West Palm Beach, Boynton Beach, Lake Worth, and Wellington
Because every case turns on its own facts, the discussion above is general information rather than legal advice. An experienced South Florida attorney can review the specific circumstances of your case and explain the options available to you.
This article provides general legal information and is not legal advice. Every case is different, and the outcome of any claim depends on its specific facts. For guidance about your situation, consult an experienced attorney. RNC Legal offers free, confidential consultations.
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