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If I got a ticket for an accident, can I still make a claim for injuries?
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Car accidents are everywhere in Florida. Often times, a person will get a ticket for an accident, whether it’s for careless driving, no insurance, following too closely, or a variety of other reasons. But if a person gets a ticket for causing or contributing to an accident, can that person still make a claim to the insurance for injuries? The short answer to that question is YES! What many people don’t realize, is that receiving a ticket doesn’t prevent you from making a claim, nor does it make your claim null and void. Also, you do not necessarily need to fight your ticket in order to proceed with a claim. But, there are some steps that should be taken if you are in this situation to ensure that your claim for injuries is successful.
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Step 1 - Get an Attorney:
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Hire an injury attorney as soon as possible. The sooner you higher an attorney the sooner your rights are protected. Additionally, there may be things you are doing that you don’t even realize could be hurting your case, such as providing recorded statements to the insurance companies. Even if you think you are at-fault for an accident, always higher an attorney if you are injured to see what your options and rights are.
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Step 2 - Fight your Ticket:
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If you received a ticket that has to do with a fault in an accident (such as careless driving, running a red light, following too closely, etc.) it would be recommended to fight those tickets. While it is not required to fight these tickets in order to proceed with a claim, it can definitely help your case if you are successful in getting those tickets thrown out. So make sure to get a court date with the appropriate traffic court to try and fight your tickets.
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Step 3 - Seek Treatment:
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If you are injured in any way, seek medical treatment as soon as possible; this includes at the accident scene if necessary. In the state of Florida, you have 14 days to seek treatment in order to have PIP benefits for your case. What happens if you treat after the 14 days? The good news is, you still have a case, you just won’t have PIP benefits to help you with that case. So make sure to seek treatment, whether it be hospital care, chiropractic care, or any other treatment that’s necessary when you are injured in an accident.
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Step 4 - Strategy:
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After you’ve completed the above steps, discuss with your attorney what the best options and approaches are for moving forward with an injury claim. Your attorney will need to review your case with you and ensure they understand the facts of the case. They will need to form an appropriate and truthful theory of liability, in order to move forward. Make sure you and your attorney are on the same page in order to have a successful chance at maintaining a claim for your injuries.
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Therefore, just because you received tickets from an accident doesn’t mean you cannot move forward with a claim. Make sure to follow the steps above, and speak to your injury attorney.
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