Miami car accident attorney

If a crash in Miami left you with medical bills, a damaged car, and time off work, the Law Offices of Jose M. Francisco can take on the insurance company while you focus on getting better. We speak Spanish. Call 305-649-5060.

After a wreck, the other driver’s insurer often moves fast. They may ask for a recorded statement or make a low offer before you know the full cost of your injuries. We deal with the adjusters and gather the records that matter.

What to do right after a crash

Call the police when required. Take photos of the vehicles, the scene, and visible injuries. Exchange information and get witness names. Get medical care soon, even if you felt “fine” at the scene. Some injuries show up later, and early records help your claim.

To protect PIP benefits in Florida, you generally need medical care within 14 days of the crash. Do not wait and hope the pain goes away on its own.

Florida PIP and no fault rules

Florida is a no fault state for many crash injuries. That usually means your own Personal Injury Protection covers a portion of medical bills and lost wages first, no matter who caused the wreck. PIP has limits. It often falls short in a serious case, and it does not cover pain and suffering.

When injuries are serious enough, you may step outside no fault and pursue the at fault driver for the rest. That turns on medical proof and the facts of the crash. We review the policy, the bills, and the report to see which path applies.

When you can claim beyond PIP

To sue the other driver for additional damages, Florida generally requires an injury that meets a legal threshold. In practice that means significant permanent injury, major scarring, or a serious loss of bodily function. Your medical records carry that proof, not marketing language.

If the crash left you with long treatment, work limits, or lasting harm, do not assume PIP is all you have. Ask for a clear review of your options.

If you were partly at fault

Florida uses modified comparative negligence. If you are found more than 50% at fault, you may recover nothing from the other side. If you are 50% or less at fault, your recovery can be reduced by your share of fault. Insurers use that rule to shift blame. We build the evidence early so their version of the story is not the only one on file.

Deadline to file

For many crashes after March 2023, the general deadline to file a negligence lawsuit is two years. Waiting can end the claim before it starts. Evidence also fades as cars are repaired and video is overwritten.

Uber, Lyft, trucks, and uninsured drivers

Rideshare crashes bring layered coverage based on whether the app was on and what stage of the trip the driver was in. Truck crashes can involve companies, shippers, and federal rules. If the other driver has no insurance, we check uninsured or underinsured motorist coverage on your own policy.

Each scenario needs a different investigation. If a commercial truck was involved, read more about truck accidents.

If the insurer calls

Do not give a recorded statement until you understand why they want it. Do not sign a quick release. Do not take the first offer just to make the problem go away. Tell them you have counsel or that you will call back, then contact us. We handle that conversation.

What a case may be worth

Value turns on real factors: medical bills, future care, lost wages, pain, policy limits, and proof of fault. No serious lawyer promises a number without records. We can tell you which factors matter and what is missing from your file.

How we build the crash file

We gather the police report, photos, insurance details, medical records, and nearby video when it exists. We review your PIP policy, the other driver’s coverage, and any rideshare or uninsured motorist layer. If the car still shows crash damage, we document it before full repairs erase that proof.

We also track treatment: ER care, follow up, therapy, imaging, and doctor notes on work and pain. Those notes matter as much as the crash report. A strong case connects the wreck to the injury and to the limits it put on daily life.

If several family members were hurt, or a child was in the car, each claim needs its own proof. We do not mix facts. We do not let an insurer use a confused statement from the first minutes to shut the case down.

Insurance pressure after a Miami crash

Adjusters are trained to close claims cheap. They may question gaps in treatment, prior injuries, or social media photos. They may also push you to use their preferred clinic. Keep your own medical path unless you choose otherwise, and tell us before you give broad medical authorizations that open your whole history without need.

Property damage is not the same as the injury claim. Fixing the car does not fix your back, neck, or missed work. We keep those tracks clear so a quick body shop check does not get treated as a full release of your injury case.

Multi vehicle and hit and run crashes

Pileups create finger pointing between several insurers. We map each impact and each policy. Hit and run cases often turn on uninsured motorist coverage and any camera that caught the plate or the vehicle. Report the crash, preserve what you have, and call before recorded statements pile up.

FAQ

How soon do I need medical care after a Miami car accident?

For PIP benefits, generally within 14 days. Even if you feel fine at the scene, get checked. Early records help connect the injuries to the crash.

How long do I have to file a lawsuit?

Many Florida negligence lawsuits after March 2023 have a two year deadline. Call early so deadlines and proof are not lost.

What if I was partly at fault?

You may still recover if you are not more than 50% at fault. Your recovery can be reduced by your share of fault. We review the report, photos, and witnesses before you accept the insurer’s version of blame.

What if the other driver has no insurance?

We look for uninsured or underinsured motorist coverage on your policy and any other available insurance, including rideshare coverage when Uber or Lyft is involved.

Should I talk to the other driver’s adjuster?

Better not to give recorded statements or sign releases without advice. Hand the call to us or say you will respond after you speak with counsel.

Talk to us

If you or a family member was hurt in a Miami car accident, call the Law Offices of Jose M. Francisco at 305-649-5060.