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Boynton Beach Personal Injury Lawyer

02-02-2011 08:44 AM CET | Politics, Law & Society

Press release from: floridalawteam

We commonly answer the questions about what rights someone has when they are in an accident. These enquiries come from both drivers who caused the accident and those who did not.

At Drucker law offices, our personal injury lawyer in Boca Raton (also, Miami accident lawyer, North Miami injury attorney, Pembroke Pines accident attorney, Miramar injury lawyer, Plantation lawyer, Tamarac injury lawyer, Coral Springs attorney, Fort Lauderdale injury attorney), we help our clients who were involved in an accident.

Let’s illustrate. Mary and Joseph have been in an accident. Mary is stopped at a red light. Joseph crashes into her car from behind. Joseph accepts responsibility for the accident and is issued a traffic ticket. Both Mary and Joseph go to hospital and are signed off work for a week. They both go to doctors and are found to have sustained permanent injuries (required by law to be entitled to pain and suffering per earlier blogs). Let us explore what their individual rights are and what are the differences between them?

As far as the car is concerned, Mary would be able to make a claim against Joseph’s property damage coverage. As Joseph was responsible for the accident, Mary's car should be fixed by his insurance company. There would be no deductible and Mary's costs would all be covered by Joseph’s insurance. Joseph on the other hand cannot get his car fixed through Mary’s insurance. If Joseph has collision coverage, then he could get his car fixed through his own insurance but there likely would be a deductible, somewhere between $250 and $1,000. In the event of Joseph not having collision coverage, the cost of fixing his car would have to be borne by him.

According to Florida law, 80% of medical bills and 60% of wages lost (to the sum of $10,000 is paid for by PIP. This is regardless to who was at fault. In accordance with this PIP coverage, both Mary and Joswph have the same rights relating to medical bills and time missed from work. However, Mary is able to make a claim against Joseph for the 20 percent out of pocket expenses and the 40 percent wages. Joseph is not able to make this claim against Mary or her insurance companyJoseph could try to have his medical expenses paid through health insurance if he has any. In the event of short term disability insurance like sick leave, then he can claim extra monies from that source.

Lastly, let us consider the issue of pain and suffering. In Mary’s case, she would have a claim for pain and suffering to the extent that she has permanent injury (or dealth; or permanent disfigurement; or signficiant scarring). Joseph would have no legitimate claim for pain and suffering.

In conclusion, you can see that both parties have some rights, but the party who was not at fault would have the most rights. We help those people who are not at fault in an accident. We offer a free consultation.

Our Injury Lawyer Boynton Beach is ready to help you for all types of accidents injury cases. You will get more advice about Injury Lawyer Delray Beach by visit our web site http://www.floridalawteam.com/boynton-beach/

We commonly answer the questions about what rights someone has when they are in an accident. These enquiries come from both drivers who caused the accident and those who did not.

Boca Raton – Principal Office
7777 Glades Road,Suite 210
33434
Boca Raton
Florida
561-483-9199
USA

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