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At-fault in an auto accidentThere is a common misconception about whether or not you are covered if you are the at-fault party in an auto accident. Some states do have varying specifications when it comes to auto accident fault and there are limitations on coverage but Florida is one of 10 no-fault states. This means that regardless of fault, your auto policy serves as the primary payer and you are entitled to full personal injury protection benefits per the policy limitations. The intention is to provide injured drivers up to $10,000 in immediate medical coverage in lieu of establishing fault through the court system.

What happens if you're at-fault in an auto accident?

Do you have the right to an attorney if you're at-fault in an auto accident? 

The purpose of hiring an attorney is to represent you against the party who caused the accident and their insurance company. The initial contacts made by the at-fault party’s representatives is to investigate the case and potentially uncover things that may prove that they are not at-fault. If you are deemed at-fault, there is really no need for an attorney because there isn’t anything for them to pursue. However, your insurance policy will still cover your medical expenses and any damages inflicted on your or the other party’s property. This means that an attorney is only necessary to establish fault, and regardless you'll still be able to be covered for your injuries.

How does insurance work if you're at-fault in an auto accident?

When you're injured in an auto accident you will have 14-days to file a claim. Filing within this window of time will ensure that you're eligible to use PIP insurance for your injuries. The sooner you are evaluated the better because it allows the insurance company to have an immediate record of your injuries and will show if injuries are on set later. Once you've had your initial examination you will work with your doctor to create a treatment plan. Your doctor will then refer you to receive specialized treatment for your injuries which will be covered up to $10,000. 

How does the treatment process work if you're at-fault in an auto accident?

Receiving auto accident treatment begins after filing a claim and advising your insurance company that you will be seeking medical attention. A Adkore, for example, you would provide us your insurance information and we would schedule you for an initial examination with full treatment, which typically includes medical massage, physical therapy, and functional testing. You will be prescribed imaging, most likely a 2nd opinion orthopedic consultation, and a series of treatment visits that correspond with specific short term and long term goals for your condition. As you progress you will advance through four main phases of care that lead you to the goal of doing treatment for preventative maintenance only. At the time that you reach maximum therapeutic benefit, you will be scheduled for a final examination. This is just as important as the initial examination because it documents the final state of your condition, your progress to-date, and recommendations which are all reported to your insurance company or attorney for proper settling and execution of your case. This benefits you because it ensures proper handling of your case so you don’t run into delays in settling or potential conflicts of nonpayment by your insurance company that you could be held responsible for.


Whether you were at-fault or not, please do not hesitate to be evaluated for treatment. Receiving an immediate evaluation after an auto accident could save you from needing to pay out of pocket for injuries that on-set later. Our PIP experts on our administrative team will be happy to gather your information and answer any questions you may have.


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Posted in: Pain Management