My experience with car accidents

If you have been involved in a car accident and settlements offered by the other party's insurance company aren't satisfactory, you should pursue your rights in court. I've been there and done that. I was hit by a car last year, and laughed at the $7,000 they offered me. I sued the driver at-fault and ended up with a $185,000 check.

I hired Lou Pendas from Pendas Law Firm Orlando, whom I would warmly recommend if you are in the Orlando area and have been involved in a crash (I know they have other offices in the country, but I don’t remember where). They mostly deal with injuries following car accidents, work incidents or nursing malpractice and are damn good at it. No, I'm not being paid to advertise his service, stop yapping already. I set up this site to share my experience with you and provide you with some information that might come in handy when you're in a tight spot.

The information presented herein will work for the state of Florida, because this is where I had the trial and got my settlement. Things might work differently in other states, especially if you live in one that follows a full Tort insurance model. I'm not a professional legal advisor, but I read quite a lot on the topic. You should, however, consult with a lawyer if you need 100% accurate information.

Before you start

Before you start, arm yourself with lots of patience. There is lots of work to be done, and you will be dealing with quite a bunch of nasty people. The lawyers hired by the other party will try to wreck your reputation, bully and intimidate you, sweet talk you into accepting pennies for dollars and all that. Your lawyer is your best friend, always have him around when you are about to talk to representatives of the other insurance company.

Also, before you start, familiarize yourself with the rights you have. Check what the other driver's insurance limits are, and check with your insurance carrier whether or not you hold a PIP and/or an under-insured motorist policy that should kick in if the expenses are higher than what the other company will pay.

Next to the economic losses, you are entitled to be reimbursed for pain and suffering (depends on how injured you were in the accident), emotional distress (nobody likes to go through an accident) and loss of spousal companionship (I found this one particularly funny but yeah, you may ask for material compensation if you have been separated from your husband/wife due to the accident). Insurance companies will almost never release funds for this kind of compensation, so you will have to start a lawsuit.

Filing the complaint

A lawsuit in pursue of compensation following a car accident is a civil case. To get one started, you will have to file a complaint (a.k.a. petition) with a local court. There is usually a limitation in the time frame when you are allowed to file a complaint (as far as I know it's of three years, but you will want to check your local state regulations).

Your petition should state that you, as the plaintiff, believe that are entitled to a monetary compensation of a certain amount from the other driver, as well as the legal grounds on which you will be building your case.

The other driver, together with his insurance company and legal representatives, will be given a certain amount of time to respond to your complaint. The response may include an admission or denial of your claims, but also a counterclaim that may, for instance, attempt to show that you were (also) responsible for the accident. Cross-claims are also possible -- the other driver may try to prove that a third party is to blame for causing the accident. You will also be given a certain period of time to respond to these counterclaims.

The preliminary motions

Both you and the defendant may file some preliminary motions, before the hearings start. These include:

• Motion for change of venue. If accepted, the case will be moved to a different courthouse. Both you and the defendant may file for this for various reasons like, for instance, moving the trial to your hometown.
• Motion for a change of judge. This motion is rare, but both parties may file for it if they feel that the judge is being judgmental or might be inclined to an unfavorable ruling.
• Motion for removal. This will move your case from a state court to a federal one. You or the defendant may file for it if the case is proven to involve federal laws or if the defendant is from a different state.
• Motion for dismissal. This may be filed by the defendant when your claim was filed in an untimely manner, no relief is warranted or the basic conditions for the lawsuit haven't been met. The motion does not argue whether or not your claims were valid.

These motions are, in general, ruled upon without a hearing.

Before the trial

Once the motions are done with, the judge will set a date for the trial. Such cases are usually placed after most other civil cases -- like divorces or rental disputes -- so it shouldn't come as a wonder if your case is going on trial after one year or more. I was lucky enough to have my case judged after two months, but don't count on this happening for you too.

In the mean time, the judge may order you to go into mediation. You and the other driver, together with your legal advisors and representatives of the two insurance companies, will meet for negotiations that will be moderated (a.k.a. mediated) by independent third parties. The goal of such meetings will be to come to an agreement before the trial.

It is possible to only send your lawyer to these meetings. But the guys from Pendas Law advised me to do my best to show up, because it’s a sign of respect – it shows that you give a damn about the outcome of the mediation, and may earn you some “brownie points”.