FAQs

At Warner & Fitzmartin, we will meet with you in a 100% free and confidential consultation to discuss the facts of your case. No personal injury case is the same, and it is important to delve into the details of your particular case, from your injuries and damages, and to how the incident happened. Our lawyers have handled thousands of cases, each with different fact patterns and complexities, and will be able to advise you further regarding the merits of your case at the initial meeting.

Since every personal injury case is different, the timeframe for resolving your case will be based on your individual needs. While some clients may be able to resolve their cases in a few short months, others may take years to resolve, whether because of the severity of their injuries or due to needing to file a lawsuit. The attorneys at Warner & Fitzmartin will guide you on the typical timeline for case resolution and will be able to give you more specific details as your case and medical treatment progresses.

At Warner & Fitzmartin, we typically operate under a contingency fee contract. In its simplest terms, this means that we do not get paid an attorney’s fee unless we obtain a recovery on your case. Since there is no up-front cost for attorney’s fees, there is no risk to you to sign up as a client.

• Call the police and insist on completion of a report
• Document the scene and your injuries with photos and video if you’re able
• Get medical attention
• Call a skilled personal injury lawyer

• Exchange information and leave the scene
• Make statements admitting fault such as apologizing
• Accept a payment from any insurance company without understanding the rights you’re giving up
• Talk to the insurance company without first hiring a lawyer

You Have “Full Coverage”

In Florida, the only automobile insurance coverages that are required are property damage coverage in the amount of $10,000, and personal injury protection (PIP) insurance in the amount of $10,000. If you cause an accident, property damage coverage pays out to fix the other person’s car. If you are involved in an accident and sustain injuries, your PIP insurance will cover up to the first $10,000 of your medical bills whether you caused the accident or not. Neither of these insurances protect you if you cause an accident resulting in injury to another (for this, you need “bodily injury” coverage on your policy), or protect you if another uninsured person causes an accident resulting in injury to you (for this, you need “uninsured/underinsured motorist” coverage on your policy).

Since bodily injury coverage and uninsured/underinsured motorist coverages are optional coverages in Florida, your agent may tell you that you are “fully insured” or have “full coverage,” which is technically true, but leaves you and your loved ones dangerously exposed if you’re involved in a serious crash resulting in injuries. At any time, you can call the lawyers at Warner & Fitzmartin for a free insurance coverage review. We will guide you on which coverages you already have on your current automobile insurance policy, and recommend additional coverages based on your needs.

You Don’t Need Um if You Have Health Insurance

Uninsured or Underinsured Motorist Coverage is an optional coverage in Florida. This type of coverage protects you and your family if another person causes an accident resulting in injury to you or your family. You are entitled to claim certain damages under Florida law, including past and future medical expenses, past and future lost wages, past and future pain and suffering, inconvenience, loss of capacity for the enjoyment of life, and mental anguish.

Health insurance only pays for your medical bills. If you don’t have health insurance in the future, then you’ll have to pay your own bills out of pocket. Health insurance does not pay for any of the additional damages listed above such as pain and suffering.

On the other hand, if you purchased uninsured or underinsured motorist coverage, you are entitled to make a claim for these non-economic damages which are often more significant to you than your medical bills alone. When injuries have an adverse effect on your everyday life, you should be compensated for how your life has changed. Although health insurance may pay for some medical bills, it will never fully compensate you for the ways your life has changed due to your permanent injuries.

Your Rates Will Increase if You Make an Injury Claim

Many clients are concerned that if they use their no-fault PIP insurance, or if they make a claim against their own insurance company for uninsured/underinsured motorist benefits, that they risk their insurance rates skyrocketing.

Your rates should not increase so long as you are not found to be “substantially at fault” for the accident. It is important if you feel you are not at fault for an accident to make sure the police report is correctly documented, and to contact a skilled personal injury lawyer to help secure a liability decision in your favor.

Further, if you have paid the premiums for your uninsured/underinsured motorist coverage, you should use the insurance you paid for.

You Will Get Dropped From Your Insurance if You Get in an Accident

This is simply not true. Florida has strict laws which protect automobile insurance consumers. According to Florida Statute 626.9702(2), an insurer cannot cancel or terminate any automobile insurance contract after the insured has paid the premiums on such policy for 5 years or more, solely because the insured is involved in a single traffic accident. This statute protects long-term policy holders and applies whether they are at fault for an accident or not.

In addition, Florida Statute 626.9541 states, in part, that “An insurer may not fail to renew a policy if the insured has had only one accident in which he or she was at fault within the current 3-year period. However…this subparagraph does not prohibit nonrenewal of a policy under which the insured has had three or more accidents, regardless of fault, during the most recent 3-year period.”

This means that if you’re involved in 1 at-fault accident within 3 years, your insurance company cannot non-renew your policy. However, if you have 3 accidents within 3 years, regardless of fault, the insurance company can choose to drop you.

You Don’t Need a Lawyer

In recent years, insurance companies have started approaching persons involved in car crashes within a day or two of the crash, to convince them to settle their case for small amounts and before the full extent of their injuries are apparent. These companies will try to convince injured people to sign documents giving away their rights to make a claim for injuries before they can even consult with a lawyer. One of the lies insurance companies may tell you is that you don’t need a lawyer because all the lawyer will do is take a portion of your settlement as their fee.

In my opinion, it is a mistake to sign these documents without first consulting with a lawyer. In addition, it is also a mistake not to hire a lawyer to represent you. Insurance companies often act as bullies, and will take advantage of you by trying to convince you to settle your case for less than what it is worth. An experienced attorney, like the attorneys at Warner & Fitzmartin, know what your case is truly worth, and will fight to maximize your recovery. If you do not hire a lawyer, you are likely leaving valuable settlement dollars on the negotiation table.