Car accident claims and car crash lawsuits are two different things. A car accident claim is what a driver would file with the insurance company after having been involved in a wreck in Miami, FL. A car accident lawsuit, on the other hand, is filed against a person. This could be another driver or even the owner of a trucking company if the incident involved a large truck.


How the Insurance Claims Process Works After an Accident in Miami


Generally, after a person has been involved in a collision, they would need to file a claim with their own insurance carrier first if they suffered injuries as Florida follows no-fault insurance laws. A driver’s personal injury protection (PIP) generally pays for medical care, lost wages, and other accident-related expenses up to a certain limit, regardless of fault. However, if another driver was liable for causing the accident, then a claim can also be filed with theirinsurance carrier.

Because Florida law only requires drivers to carry coverage that pays for expenses related to the injuries they suffer (PIP) as well as property damage coverage (which pays for the damage they cause to another person’s property), they may need to file a property damage claim with the other driver’s insurer if that individual caused the accident.

Now, before the other driver’s insurance carrier is going to pay anything, the company will need to confirm that their policyholder was, in fact, liable for the crash. It is also important for drivers to understand that insurance companies don’t always pay out the maximum amount a claimant is entitled to. Sometimes, insurers will undervalue a claim, and this is why it benefits an accident victim to have a Miami, FL personal injury lawyer assisting them with the claims process.


When would a driver file a lawsuit against another motorist?


A driver may need to file a lawsuit against a motorist they were involved in an accident in Miami with if:

  • The other driver is underinsured, meaning they don’t have enough insurance coverage to pay for the expenses related to the incident or uninsured, meaning they aren’t carrying any auto insurance. This, by the way, is a violation of the law.
  • The driver suffered severe or catastrophic injuries as isn’t able to recover the money they are entitled to from the insurer.
  • The insurance company isn’t willing to pay the claim.


Because there are different avenues an accident victim can take to recover compensation for their injuries, they are advised to contact the Miami personal injury lawyers at Mario Trespalacios P.A. after a collision. The lawyers at Mario Trespalacios P.A. will help an accident victim understand their rights and what the best course of action would be for them to take to recover any money they might be due.


Mario Trespalacios P.A. can be contacted at:


9495 SW 72 Street, Suite B-275

Miami, FL 33173

Phone: 305-261-5800


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