FAQs:

You have just been struck by an at-fault driver. You can hear the sound of the at-fault driver slamming on their brakes as their car tires press violently against the asphalt creating an unmistakable screeching sound. You can hear the crunching sound of metal, and the sound of glass breaking, as their vehicle impacts yours. Your car engine is smoking and may catch fire. Your body is violently thrown back and forth within your vehicle, and as you hit your head on the head rest of your car seat, your adrenaline is running and yet you are not feeling any pain except a sick feeling in your stomach. Your airbags deploy, filling the air with smoke and dust, and you hear people talking and asking if you are alright, but you cannot speak or see, because you are dazed and confused, and not sure of what just happened.

My name is attorney Zackary Melkonian; I am the president and owner of Melkonian, P.A a personal injury law firm dedicated to protecting the rights of injury victims throughout the state of Florida since 1999.

TOPICS TO BE ADDRESSED:

• What should you do at the scene of an accident?
• Why you should contact your insurance company immediately?
• How do you get your car fixed?
• How do you get a rental car?
• Do you need a lawyer?
• Do you need a doctor?
• What type of insurance coverage should you have to protect you and your family?
• What do you need to know about insurance companies?

SAFETY TIPS

Here are some safety driving tips for you and your family to review especially if you have a new young inexperienced driver in the household. I am not saying that following these tips will keep you and your loved ones safe; we all know that devastating accidents can happen to the most careful of people. What I am saying is that following these tips will help you and your family, increase your chances of staying safe while out on the roads.

1. Do not drink and drive
2. Wear your seatbelt and make sure minor children are always strapped in a safety child seat
3. Keep both hands on the wheel
4. Do not use a phone while driving
5. Stay alert
6. Do not speed
7. Always check your blind spot before changing lanes
8. Always keep a minimum of one car length between you and the car in front of you, for every 10 mph you are driving
9. Do not drive in poor weather conditions
10. Make sure the kids get the proper training to be able to be safe drivers
11. Educate yourself on the proper insurance coverage you should purchase to help protect you and your loved ones
12. Keep up with the proper maintenance of your vehicle
13. Always check your tires for the proper pressure required for safe driving

What should you do at the scene of an accident?

It is importance to remain calm and in control of yourself, even though you may feel scared, confused, angry or panicked. This will allow you to better assess your situation. If you are able, call the police immediately (dial 911for help). The state of Florida requires a written report for every accident involving personal injuries or property damage in excess of $500.00.

See if anyone is injured, including you. Leave your car where it is and get a safe distance away from the accident scene. Before the police and ambulance arrive, immediately start gathering evidence while it is fresh and witnesses are still around. How do you start gathering your evidence? Keep a pad of paper, pen, and a disposable camera in the glove box of your car. Like an investigator you must see if there are any witnesses to the accident. If there are, get their names, phone numbers and addresses. Ask them what they saw or heard. Before all vehicles are moved, it would be best to take pictures of the property damage and vehicle positions at impact. Take photos of accident location, of the at-fault drive, of any viewable injuries to anyone involved, and of skid marks and street signs, etc.

Florida law requires you to provide the other driver in the accident with your name, address, and vehicle registration number, and to show your driver’s license. Make sure you remember to write down the other driver’s name, address, tag number, and driver’s license number. Find out if the driver is the owner of the car, and if they are different people get his or her name and address as well, this information may come in handy to your lawyer later.

When the police arrive show them your driver’s license, registration, and proof of insurance. Remain calm and explain how the accident happened. For example, that you had the green light, tell the officer if you think the other driver had been drinking, and show the officer the location of the vehicles at the time of impact if the vehicles have already been moved. Make sure you tell the police officer that you were wearing your seatbelt. Ask the police officer his name and badge number. Also, ask for the report number and when it will be available for pick up. Remember to be polite and courteous. The police are our friends.

Never admit fault or responsibility for the accident, and never provide anyone at the scene with more information than is reasonably required. Do not share your notes or opinion with anyone especially if it helps prove your fault. Never agree to pay for the other driver’s property damage or physical injury, and never sign any paperwork or release, without consulting a lawyer. Remember, if you are issued a ticket signing it is fine. You will not be admitting responsibility for the accident; you would only be acknowledging the receipt of the ticket.

If the police or emergency medical people ask you if you need medical assistan, it would be wise to say yes. See a doctor immediately, as you may be seriously injured and not know it. Go in the ambulance, go to the hospital and have them document your injuries and give you a thorough check-up, just to be safe. The records that are created will help your lawyer build your case.

Why you should contact your insurance company immediately?

As soon as you get home from the emergency room, you should immediately contact your insurance company to tell them about your accident; address property damage and personal injury to any known persons. You pay expensive premiums for protection in case you are involved in an accident, if you do not report the accident in a timely manner the insurance company may argue that you were being non cooperative, and may deny your claim for benefits. Also, make your insurance payment promptly and on time, and keep your insurance company informed of any changes in your life. For example,keep them informed of the number of licensed drivers moving in or out of your house, the number of cars in your household, a change in your home address, or a new car purchase. These types of changes may affect the cost and/or type of insurance coverage available to you.

How do you get your car fixed?

Well, it is a day or two after the accident. You are sore, in pain, and cranky. Your vehicle is damaged, and in the front yard, or worse at the car lot, incurring storage charges. What are you going to do? This would be a good time to check your insurance for available coverage, as well as to contact a competent personal injury lawyer, one with experience in automobile accidents. Your lawyer will undoubtedly need to see your insurance information, in order to help you get your car fixed.

Remember, that the at-fault driver is responsible for the property damage, and towing and storage fees resulting from their negligent conduct. Since the insurance company is paying for the car repairs, they are going to want to pay as little as possible for the repairs; however, as the vehicle owner, you have the right to take your car wherever you would like to have it fixed to your satisfaction.

If the insurance company gives you a release and asks you to sign it, do not sign it until you are sure of the following:

1. The insurance company will cover all cost of repair to your satisfaction
2. The insurance company will pay the repair shop in a timely fashion so that you can get your car back as soon as possible
3. There will be no cost to you
4. How supplemental payments for undiscovered hidden damage, not noted in the original estimate, are handeled
5. The release clearly states, “For property damage only,” so that you are not barred from bringing a personal injury claim in the future

Also, it is important to understand that although the cost of repairing your vehicle may be more than the “Fair Market Value”, the insurance company will only offer you, only, the present “Fair Market Value” of the vehicle, which is much lower than the purchase price, regardless of the vehicle's intrinsic value to you. Therefore, this is a good opportunity to retain competent legal counsel to assist you with these sometimes complicated issues. Also, personal injury lawyers will generally handle property damage issues for their clients free of charge, as a professional courtesy.

How do you get a rental car?

Well, it is three days after the accident, and hopefully you, or your lawyer, have had the insurance company start investigating the accident by going to where the vehicle is, and viewing the property damage first hand, in order to begin the process of fixing your car. Still in pain and stressed out, the day to day struggles of life can be overwhelming especially if you are in pain and without a car to go to work with, to pick up the kids from school with or to go grocery shopping. What do you do?

If the insurance company’s investigation determines that the other driver was 100 percent at fault for the accident, then it is their obligation to put you in a rental car, for a reasonable amount of time while your vehicle is being repaired. The cost of the rental car should be paid by the at-fault driver’s insurance company. If the defendant’s insurance company's investigation determines that their driver was not 100 percent at fault, this would be a good time to check your own policy for rental car coverage. Problems can arise when you do not get rental car coverage on your own insurance policy and the at-fault driver’s insurance company does not want to pay for your property damage, if it claims that you were partially, if not totally at fault. Thus, it is important to get rental car coverage on your automobile policy, it is cheap and very helpful if you get into an accident, and need a rental car in a hurry.

Some insurance company tactics you should be aware of include renting you a car less than comparable to the vehicle you pay to insure and/or renting you a car for a shorter period of time than you are entitled. It would be a good idea to consult with an experienced lawyer when dealing with these types of matters in order to help you achieve an equitable settlement.

Do you need a lawyer?

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide on any lawyer, ask the lawyer to send you free written information about his or her qualifications and experience. Being prepared before an accident can make the difference between an adequate or nominal settlement for your personal injury case. So, to answer the question, of course it is wise to hire a lawyer with experience in personal injury, to guide and council you, as you make your way through this hard and stressful time. Your lawyer will work hard for you. However, you are the boss, and as the boss, you will make the final decision regarding the settlement of your claim for the money your insurance company offers. Of course, your lawyer will help advise you based on his experience and the current status of Florida law A lawyer must represent his/her clients competently, zealously, expeditiously, and in a fiduciary type manner.

When you meet with your lawyer he/she will have many documents for you to sign. Please do not be intimidated. The lawyer will need these documents in order to show he/she has been given the authority to represent you regarding this accident.

Remember, if there is something you do not understand regarding a particular document, or anything else for that matter, do not be afraid to ask your lawyer to explain it to you again; I am sure your lawyer will be more than happy to explain it, until you understand it.

Regarding payment to your lawyer for his/her legal services, the lawyer is entitled to 33.3 percent, plus costs, if able to settle your case without litigation plus cost. The lawyer will be entitled to 40 percent, plus costs, if your case must be litigated; however, if there is no recovery, the client will not pay any attorney fees or costs. Finallym there may be one or more Statute of Limitations applicable to your particular case, and your failure to bring a claim within the statutorily provided for period may act as a bar from being able to present your claim at a later time. That is why it is advisable to retain your lawyer in a timely fashion in order to prevent the barring of your claim.

What should you expect from the lawyer you hire?

• Free initial consultation, at a place of your convenience, such as the hospital, your home, the lawyer's office, etc
• To keep you informed about your case so you can always make informed decisions
• Help you get your car fixed
• Help you get a rental car
• Help filing out insurance forms
• To have access to a private investigator, in order to obtain photos of the accident scene, witness statements, and accident reconstruction
• Protect your interests at all times
• Review all documents before your signature
• Help you, if needed, to find a medical provider to treat your injuries, and accept payment for your treatment from your personal injury settlement.

Do I need a doctor?

The answer is clear. Of coyrse you need to see a doctor! Why? It is better to be safe than sorry. There seems to be a general misconception as to when someone involved in an accident should treat with a medical doctor. People believe that there is no point in seeing a doctor, when involved in an accident, unless they break a leg, are rendered unconscious at the scene, or are left cut and bleeding. This type of thinking can and may cause you much pain and suffering in the future, because your failure to seek a medical check-up and/or treatment immediately after an accident may cause an undiagnosed condition resulting from the accident to go untreated, thus potentially creating a chronic lifelong impairment or disability. Therefore, demand to be taken to the nearest emergency room for treatment. Deal with your car and other accident issues after you tend to your health. Remember, it is always wise to retain a lawyer as soon as possible, so that you do not have to worry about the many issues which arise after an accident. This will also give you time to concentrate on your physical wellbeing.

It is not uncommon for an accident victim to feel no pain right after an accident, as they may be in shock, or their adrenaline may be running, thus masking the pain. However, a few hours after the accident, the body, having had a chance to relax, may begin to get sore, stiff, tight, achy; throbbing muscle pain in the neck, back, shoulders, legs, arms, and headaches may also result. Seek immediate medical attention, should this happen to you or a loved one.

Another misconception is the rear-end low-impact type of collision, which is commonly referred to as “whiplash.” This type of a low speed collision can be very serious, and may cause permanent injury to your back, head, and neck, especially if the injury is ignored and remains untreated. In a “whiplash” type accident, your head is thrown backward and then forward in a violent manner, causing damage to muscles, tendons, ligaments, and discs in your spine. When your body is pushed past its normal limits, things can tear which may lead to symptoms of reduced flexibility, range of motion, sharp shooting type pain, and may result in nerve impingement, because of a herniated or bulging disc in your spine.

When you go to the emergency room, or treating doctor’s office, give them a description of the accident, and what areas of your body are hurting. Also, provide a full medical history, because both your doctor and your lawyer will need this accurate information to better help you with your medical treatment and/or pending legal claim for money damages, as a result of your injuries.

Some examples of treatment you can expect to receive at many of these clinics which cater to trauma or automobile accident victims, include hot and cold packs, massage, ultrasound, electrical stimulation, and traction. The doctor may also prescribe medications to reduce pain, inflammation and relax muscles.

Finally, just remember when picking a doctor to treat you for your injuries, that you pick someone you like, someone that you feel comfortable with, and someone with experience in dealing with automobile accident victims and the lawyers that represent them, to ensure that they will help the lawyer by providing credible and factual medical reports, clearly identifying the patient’s present and future condition.

What type of insurance coverage should you have?

Florida is considered a No-Fault state, making automobile insurance mandatory for people who own operable vehicles. Thus, when an insurance company says that you have full coverage, this only requires you to carry PIP (Personal Injury Protection) and property damage. This brief discussion will address other coverage available to you, which you should consider when purchasing insurance to better protect you and your family, in case of an unforeseen accident.

Personal Injury Protection (PIP) /Florida No-Fault

Personal Injury Protection generally covers drivers up to $10,000.00 (remember you can always purchase more than $10,000.00 of coverage if you like). Regardless of who was at fault for the accident, PIP coverage pays 80 percent of your medical bills and/or 60 percent of your lost wages, after your deductible is met. Generally, deductibles are $2,000.00 (you also can choose the amount of deductible you wish to purchase; be careful of high deductibles). The deductible is the amount which must be paid for by you, before the insurance company is required to make any payments on your behalf. Even if you are a passenger in a car which is involved in an accident, your own insurance company will cover your lost wages and medical expenses if you are injured. If you are a passenger in a car and you do not own an operable vehicle, you would look to the insurance of the driver of the vehicle that you were in at the time of the accident, to get your medical expenses and lost wages covered.

Property Damage Insurance

This is mandatory coverage that all vehicles must have. This coverage would be available to fix or pay for any damage to property, such as cars, fences, light poles, or any other damage to property, which may occur as a result on the accident. Insurance companies generally provide up to $20,000.00 worth of coverage; however, you may purchase more property damage coverage, if you so wish, depending on your own particular circumstance.

Bodily Injury Coverage

This coverage can be purchased by you in order to help protect you, if you cause an accident and injure someone. This insurance would allow for the injured party to seek damages for their injuries from your insurance company, without suing you personally. Thus, this type of coverage is very important in protecting you and your family, especially if you are wealthy and have many assets you wish to protect. Florida law does not require you to carry Bodily Injury Coverage. For example, if you are hurt very badly while driving your car and the accident was caused 100 percent by the other driver, if they do not carry any Bodily Injury Coverage, you would not be able to present a claim to the at-fault driver’s insurance company for payment as a result of your pain and suffering. Below, I will address how to protect against such an occurrence.

Uninsured/Underinsured Motorist Coverage

This type of coverage is very important and, in my opinion, should be purchased by all drivers. This type of coverage protects you and your family, should you be injured by an at-fault driver who has not purchased any Bodily Injury Coverage, or has purchased minimal amounts of Bodily Injury Coverage. Unfortunately, approximately 20-30 percent of all the drivers in Florida are driving without any automobile insurance coverage at all; therefore, if you are hit and injured by one of these people, it will be very difficult, or impossible, to collect money from them for your injuries, unless you purchase Uninsured Motorist Coverage.

You may also consider stacking your Uninsured Motorist Insurance policy, if you have more than one vehicle insured with the same insurance company. Please contact your lawyer or insurance company for a more detailed explanation of all coverage available.

Medical Payment Insurance

This type of coverage will help pay for reasonable medical expenses, such as the 20 percent not covered by your PIP benefits. This coverage protects you even if you are a passenger in someone else’s vehicle.

Collision Insurance

This type of insurance pays for damage to your car caused by impact with another automobile or object.

Comprehensive Insurance

This type of coverage covers loss or damage to your car, resulting from fire, theft, vandalism, glass breakage, and/or acts of God, like a hurricane or a bad storm.

Rental Car Insurance

This type of insurance is relatively cheap and will cover you in case your car is damaged and you need a car to get around while your car is being repaired or totaled out. You would be entitled to a comparable vehicle to the one you had insured through your insurance company for a reasonable length of time, while your vehicle issues are resolved.

Health Insurance

You may have health insurance through your employment, or you may have purchased health insurance privately for you and your family, in case someone in the family gets sick with a cold, etc. Your personal or group health insurance may help pay the PIP deductible, and assist with paying the other 20 percent of the medical bills that PIP does not cover.

Finally, while purchasing automobile insurance can seem overwhelming and confusing, it is important to educate yourself on all the different types of coverage available to you; do not be afraid to ask questions of your insurance agent, the one whose job it is to help you purchase the right coverage for you and your loved ones, to protect them from an unforeseeable accident. Also, your lawyer is a great person to ask about coverage types and what is best for you.

What do you need to know about insurance companies?

Your insurance company is not your friend! Insurance companies are big multinational corporations with very little regulations. Their main goal is to make money for their shareholders; they do not do this by paying claims quickly and efficiently, and therefore, it would seem that helping their insured would go against their best interest.

Insurance adjusters are very well trained in denying or delaying the payment of claims and/or reducing payments of claims. They employ investigators to spy on you, and they have computer systems and data banks designed to store all types of information about you, such as medical history, credit card history, any prior insurance claim history. They employ thousands of doctors and lawyers to work with them to help deny your claims. This is why it is very important for you to find someone on your side, with the experience and knowledge to help protect you and your loved ones in case of an accident. This is why it is in your best interest to hire a lawyer who is going to work only for you, and make sure your rights are protected, even though television commercials tell us different.

Make sure you hire a lawyer before signing or making any statements to the insurance company, because whatever you tell them may be used against you. For example, they may try and get you to admit that the accident was partially your fault, or you may be called at home by an adjuster and asked how you are feeling, and if you say politely that you are, “fine,” that is what they will report. They will later argue that you said, “…you were fine,” and thus deny any future claim, by alleging that you are not hurt.

Furthermore, when talking to your doctor or the insurance company, remember what you tell them is being written down in your records, and cannot be changed later. So, if you are not feeling well, make sure you tell the doctor; if you are feeling better one day, tell them that you are having a good day, not that you are fine and have no pain. Once you tell your doctor, or the insurance company, that you have no pain, your claim may die.