Dealing with a car accident can be overwhelming, so it’s so important to be prepared in advance to make sure you’re treated fairly by the insurance companies.

“It’s nerve-wracking,” said Liliana Marchica, who was in an accident several years ago. “Many thoughts go through my head. What am I going to do with my car? What happens to me? What am I going to tell my husband?”

As difficult as it might be, it’s important to stay calm in the moments after an accident.

Attorney’s advice

Personal injury attorney Kevin McLaughlin says, first, make sure everyone is OK. Then, document the scene to help determine liability later.  Just use your smart phone to take pictures and notes.

“The damage of the vehicles, the location of the vehicles, and certainly the names, addresses, and phone numbers of any potential witnesses” should be documented, McLaughlin said. “If it’s a rear-end accident, it’s pretty clear-cut who is at fault, but often times, accidents turn into a he-said, she-said.”

The most important things to do right after an accident are:

  • Get treatment.
  • Take photos.
  • Get names and contact information for witnesses.
  • Notify your insurance carrier.

Notify your insurance company as soon as you can after an accident. It’s OK to give your company a recorded statement so that they understand what happened, but be careful about making recorded statements to the other driver’s insurance company.

“Their job is to protect their insured, not you,” McLaughlin said. “There have been instances where it appears to be a clear-cut accident where you tell the insurance company one thing, but the insurance company interprets what you said in a different way, not at all the way you meant it.”

No-fault state

One thing many people don’t realize in Florida is even if you’re not at fault, your own car insurance pays for your medical care.

“No-fault insurance or what we call personal injury protection, or PIP insurance, is primary coverage that you are required by law to carry. And that pays the percentage of your medical expenses (depending on your policy) and some of your lost wages, usually up to $10,000,” McLaughlin said.

If medical costs exceed $10,000, your own health insurance kicks in until your treatment is complete, and then you can make a claim against the other driver’s insurance company for those benefits if you are not at fault.

Also, take note: A recent change in the law requires you to seek medical treatment within 14 days or you could lose your PIP benefits.

Dealing with insurance companies

Dealing with insurance companies can be almost as stressful as the accident.

“It’s just frustrating, actually having to fight with the insurance companies to get your repairs,” said Mike Chancey, who had to haggle with his insurance company several years ago after a minor accident.

One thing to keep in mind is that an insurance company might have a preferred body shop they want you to use to repair your vehicle. You can take the recommendation, but they cannot force you. Under the law, the choice is yours.

“You just want to make sure it’s a reputable company using new parts, not used parts on your vehicle, and make sure everything is getting fixed,” McLaughlin said. “I’ve seen where it looks like just cosmetic damage, and when they take the bumper off, you can see frame damage.”

Click here for more information from the Florida Department of Motor Vehicles on how insurance companies investigate accidents.

Negotiate for fair value

If your car is totaled, negotiate. Don’t just take the first offer but do research online first to determine a fair replacement value. Websites such as Edmunds.com and Kelley Blue Book can be very helpful.

“Go back to them and say, ‘Look, this is what my research is showing. It doesn’t seem like you’re making me a fair offer here. You’re offering me $8,000 for this car, and I went online and every site says this car is worth $12,000.’ I highly recommend that,” McLaughlin said.

If an insurance company denies your claim or shortchanges you on reimbursement, ask them to put the reason in writing. They are required to inform you in writing of their decisions to deny or reduce payments.

It’s a good idea to keep a record of all correspondence — emails and phone calls — including dates and names of customer service reps you talk to — including a short summary.

For questions on Florida’s Unfair Claim Settlement Practices Act, contact the Florida Department of Insurance Regulation: http://www.floir.com.

When you need an attorney

As for when you might need an attorney, McLaughlin says that generally, if you’ve been injured or an insurance company is giving you a hard time, it’s a good idea to at least talk to an attorney.

“Most attorneys will talk with you at no cost and give you some advice, at least at the initial meeting. They can explain to you how the process works,” he said.

Uninsured motorist coverage

One of the most important tips of all is to make sure you have uninsured or under-insured motorist coverage in your policy in case you’re injured and the other driver doesn’t have insurance. Florida has one of the highest numbers of uninsured motorists in the country.

“It’s the best coverage you can buy to protect yourself. In my mind, it’s the most important coverage you hope you never need,” McLaughlin said.