MIAMI CAR ACCIDENT ATTORNEY

Your first priority is safety and medical care. If you can, move to a safe spot away from traffic and call 911 to report the crash and request medical help for anyone who may be injured. Don’t assume you’re “fine” just because you can walk away; adrenaline can mask serious injuries.

If it’s safe to do so, exchange information with the other drivers (names, contact info, insurance details, and tag numbers) and get contact information for any witnesses. Use your phone to take photos or a video of:

• Vehicle damage
• Skid marks and debris
• Traffic signals and signs
• Weather conditions and road hazards
• Any visible injuries

When officers arrive, be honest about what happened, but don’t guess or overshare. Simply describe what you know. Ask how to obtain a copy of the crash report.

As soon as you can, see a doctor, even if you were not taken from the scene by ambulance.

Finally, report the crash to your insurance company, but be cautious about giving recorded statements or accepting quick settlements before you understand the full scope of your injuries. Speaking with a Morgan & Morgan Miami car accident attorney early can help you avoid common missteps that can hurt your claim later.

Florida uses a no-fault system for many car accident injuries. That means you typically start with your own Personal Injury Protection (PIP) coverage, which is intended to pay a portion of your medical bills and lost wages regardless of who caused the crash.

But “no-fault” doesn’t mean “no one is responsible.” In serious cases, you may be able to step outside the no-fault system and pursue the at-fault driver for additional damages like pain and suffering, future medical care, and full lost earnings; not just what PIP covers.

The catch is that Florida’s rules are technical and deadline-driven. If you miss key windows, you can miss out on important benefits. A Miami car accident lawyer can review your policy, explain how no-fault applies in your situation, and determine whether you may have a separate claim against the at-fault driver.

Most Florida drivers carry at least $10,000 in PIP coverage. That money is designed to kick in quickly after a crash, but there are trade-offs:

• You must seek medical care within a short time window for PIP to apply.
• PIP usually covers only a percentage of medical bills and lost wages, up to your policy limits.
• PIP does not automatically compensate you for non-economic damages such as pain and suffering.

To bring a claim against the at-fault driver for broader damages, your injuries typically must meet certain legal thresholds, such as significant and permanent loss of an important bodily function, permanent injury, significant scarring, or disfigurement.

Our attorneys review your medical records, speak with your doctors, and evaluate whether your injuries likely meet Florida’s threshold for compensation so we can pursue every available avenue of compensation.

In many Miami crashes, fault isn’t black-and-white. Maybe you were driving slightly over the speed limit when another driver suddenly cut you off, or you were changing lanes when someone blew through a red light.

Florida uses a modified comparative negligence system for most negligence cases. If you are 50% or less at fault, you may still recover damages, but your percentage of fault reduces your compensation. If you are found to be more than 50% responsible, you may be barred from recovery.

Insurance companies know this and may try to pin as much blame as possible on you to reduce (or eliminate) what they pay. Our lawyers work to counter those tactics by gathering evidence, consulting experts, and telling your side of the story clearly and forcefully.

In Florida, injury victims have a limited window to file a lawsuit after a car accident. The exact deadline depends on the type of claim and the circumstances surrounding the crash, but once that window closes, you lose the right to pursue compensation in court.

Even though it may seem like you have time, waiting can seriously weaken your case. Evidence can disappear, vehicles can be repaired, surveillance footage can be deleted, and witnesses can become harder to locate or to remember what they saw. Reaching out to an attorney as early as possible helps protect your rights and ensures all filing requirements are met.

Proving fault is like putting together a puzzle. Helpful pieces of evidence can include:

• The official crash report from law enforcement
• Photos and videos of the scene, vehicles, and visible injuries
• Eyewitness statements
• Vehicle “black box” data, if available
• Cell phone records (in texting-while-driving cases)
• Toxicology reports, if impairment is suspected
• Surveillance or traffic-camera footage

In more complex crashes, such as multi-vehicle pileups on I-95 or collisions involving commercial trucks, we may work with accident reconstruction experts to analyze skid marks, impact points, and vehicle damage to determine how the crash occurred and who is legally responsible.

Miami’s mix of tourists, heavy local traffic, and major highways creates a perfect storm for crashes. Common causes include:

• Distracted Driving: Texting, using apps, messing with GPS, or even eating behind the wheel.
• Speeding and Aggressive Driving: Tailgating, weaving through traffic, and rapid lane changes on I-95, the Dolphin Expressway, and the Palmetto.
• Driving Under the Influence: Alcohol and drugs remain major factors in serious and fatal crashes.
• Failure to Yield or Running Red Lights: Common at busy intersections around downtown, Brickell, and Little Havana.
• Weather and Road Conditions: Sudden downpours, standing water, and slick roads can lead to hydroplaning and multi-car crashes.
• Inexperienced or Out-of-Town Drivers: Tourists unfamiliar with Miami’s roads and traffic patterns often make sudden or unsafe moves.

Whatever the cause, if another driver’s carelessness or recklessness contributed to your injuries, you may have the right to pursue compensation.

There is no one “average” settlement that applies to every case. Instead, value is usually based on a combination of factors, such as:

• The severity and type of your injuries
• Total medical bills (past and projected future care)
• Time you missed from work and any long-term impact on your earning ability
• How the injuries affect your daily life, mobility, and activities
• Whether you sustained permanent impairment, scarring, or disfigurement
• The amount of available insurance coverage
• Any evidence of egregious conduct (such as DUI)

We work closely with your doctors and, when needed, economists, life-care planners, and other experts to calculate not just what the crash has already cost you, but what it is likely to cost in the years ahead, so we can push for a settlement or verdict that reflects the full picture.

Because Florida is a no-fault state, your PIP coverage is usually your first line of payment after a crash. It may cover a portion of:

• Reasonable and necessary medical expenses
• A percentage of lost wages
• Certain related costs, like mileage to medical appointments

However:

• PIP is limited (often to $10,000), which can be exhausted quickly in serious crashes.
• PIP doesn’t automatically pay for pain and suffering or other non-economic losses.

If your injuries meet Florida’s “serious injury” threshold, you may be able to step outside no-fault and bring a claim against the at-fault driver for additional damages.

A Morgan & Morgan attorney can help you coordinate PIP benefits, health insurance, and a potential liability claim so you’re not leaving money on the table.

Unfortunately, Miami sees a high number of drivers with little or no insurance. When an uninsured or underinsured driver causes a serious crash, victims can worry about how they’ll pay for everything.

Possible paths to compensation include:

• Your PIP coverage, which should still apply regardless of who was at fault.
• Your Uninsured/Underinsured Motorist (UM/UIM) coverage, if you purchased it, can step in when the at-fault driver has no insurance or too little to cover your losses.
• Other liable parties, such as an employer if the at-fault driver was on the job, a bar that overserved a visibly intoxicated driver in certain circumstances, or a vehicle owner who negligently entrusted their car.

We review all available policies, help you make claims under your own coverage when appropriate, and pursue any additional responsible parties so you’re not stuck paying for someone else’s lack of coverage.

Yes. Uber, Lyft, and delivery-service crashes are common in Miami, and the insurance coverage depends on the driver’s status at the time:

• Driver not using the app: Only their personal auto insurance applies.
• Driver logged in but not on a trip: The company may provide limited backup coverage.
• Driver en route or transporting a passenger/completing a delivery: A higher commercial policy is typically available.

These cases involve layered insurance rules, but our team knows how to sort them out and pursue every available source of compensation.

Hit-and-run collisions follow a different playbook than a standard crash. With no driver to exchange information with, the foundation of your claim rests on documenting what can be proven and making sure the incident is formally reported.

Start by notifying law enforcement; police documentation is essential in hit-and-run cases, even when details are limited. Try to recall anything distinctive about the other vehicle, such as its color, type, damage, or the direction it sped off in. Witnesses, nearby businesses, and security cameras may also help fill in the gaps.

Photographs of your damaged vehicle, the surrounding scene, and any physical injuries can help establish what happened, even if no other driver is present. Once the dust settles, let your insurer know that you were involved in a hit-and-run so they can process the claim under the right coverages.

Because the at-fault driver often can’t be identified, victims typically rely on PIP benefits and, if available, uninsured motorist coverage or collision coverage. These claims can still become contentious, with insurers sometimes questioning the severity of injuries or disputing how the crash occurred. A Morgan & Morgan attorney can step in to manage these issues, secure supporting evidence, and push your insurer to honor the coverage you’ve paid for.

Insurance adjusters may sound friendly, but their job is to protect the company’s bottom line, not your future. Common tactics include:

• Asking for recorded statements and then using your words against you
• Suggesting you don’t need a lawyer
• Minimizing your injuries or blaming “pre-existing conditions”
• Offering quick, low settlements before you understand your prognosis
• Delaying or nitpicking documentation to wear you down

When you hire Morgan & Morgan, we step between you and the insurance companies. We handle communications, document your damages, and negotiate from a position of strength. If insurers won’t be reasonable, our trial-ready attorneys are prepared to take your case to court.

Miami has its own traffic patterns, dangerous roadways, and courthouse quirks. You want a team that understands:

• Local crash hotspots like I-95, the Dolphin, and busy intersections around Downtown and Brickell
• How juries in South Florida tend to view different kinds of cases
• The medical providers, defense firms, and insurance carriers who regularly handle claims here

With Morgan & Morgan, you get the resources of America’s Largest Injury Law Firm combined with attorneys who live and work in the communities they serve. We’ve handled thousands of Florida car accident cases, and we know what it takes to stand up to powerful insurance companies.

From the moment you contact us, our team can:

• Listen to your story and explain your rights and options
• Investigate the crash and gather critical evidence
• Coordinate your PIP benefits and other insurance coverage
• Calculate your full damages, economic and non-economic
• Handle all communications and negotiations with insurers
• Take your case to trial if that’s what it takes to pursue full and fair compensation

And with our contingency-fee arrangement, you never pay out of pocket for our services. The Fee Is Free®—you only pay if we win money for you.

If you’ve been hurt in a Miami car accident, you don’t have to face the aftermath alone. Fill out a free case evaluation form or call Morgan & Morgan today to learn how we can help you take the next step toward recovery.