Most car accident clients who come into our North Miami Beach office have the same three questions: who pays the medical bills, what to say to the insurance company, and whether the case is worth pursuing. This page answers the first two and explains how we evaluate the third. Lavent Law, P.A. handles car accident claims from 17295 NE 19th Avenue, in the city. The consultation is free, and you pay no attorney fee unless we recover money for you.
Call (305) 257-9464.
Where crashes happen in North Miami Beach
The stretch of NE 163rd Street between I-95 and Biscayne Boulevard is the road we hear about most from clients in this city. Shopping-center driveways, U-turns and stop-and-go traffic produce a steady stream of left-turn collisions and rear-end crashes. Biscayne Boulevard adds buses and pedestrians to fast traffic. On the west side of the city, I-95 and the Golden Glades Interchange are where we see the highway crashes and most of the truck cases; our I-95 page covers those in more detail. Commuter routes like NE 167th Street, Miami Gardens Drive and Ives Dairy Road have their share of intersection crashes as well.
The first two weeks
Treatment within 14 days. This is the rule that costs people the most money. Florida’s no-fault coverage, Personal Injury Protection or PIP, pays only if you get initial medical treatment within 14 days of the crash. Miss that window and you can lose PIP entirely, and the insurer will argue later that a person who waited two weeks was not really hurt.
The crash report. Inside city limits, North Miami Beach Police usually take the report; on I-95, the Florida Highway Patrol does. For the first 60 days, a Florida crash report is confidential and available only to the people involved, their lawyers and their insurers. Here is how to get a copy.
The adjuster’s call. Expect the other driver’s insurer to call within a day or two, friendly and in a hurry. You are not required to give them a recorded statement, and the safest course is to decline until you have spoken with a lawyer.
Video. Many businesses along 163rd Street have cameras pointed at their lots and the road. That footage is usually recorded over within a few weeks, so if the other driver’s version may differ from yours, it is worth asking for it right away.
Who pays your medical bills
Florida’s no-fault system changes the order of payment.
- Your own PIP pays first, up to $10,000. It generally covers 80 percent of reasonable medical bills and 60 percent of lost income, regardless of who caused the crash.
- Health insurance may pick up what PIP does not.
- The at-fault driver’s bodily injury coverage pays for losses beyond PIP, including pain and suffering, but only if your injury meets Florida’s threshold: a permanent injury, significant and permanent scarring or disfigurement, or significant and permanent loss of an important bodily function.
- Your own uninsured motorist coverage may pay if the at-fault driver has little or no bodily injury coverage. Florida does not require drivers to carry bodily injury liability, and many carry none. See what happens when the other driver is uninsured.
If the other car was an Uber, Lyft or delivery driver, which policy applies depends on the driver’s status in the app at the time of the crash. Our Uber and Lyft pages explain how that works.
How we evaluate a case
No one can responsibly put a number on a case at the first meeting. What we look at is the severity of the injury and whether it is permanent, the medical bills so far and the treatment still ahead, lost income, how clear the other driver’s fault is, and how much insurance is actually available. That last factor surprises people. A strong case against a driver with a $10,000 policy and no assets is a different case from the same facts against a commercial vehicle.
Fault matters in two ways. Your recovery is reduced by your share of the blame, and if you are found more than 50 percent at fault, you recover nothing.
Deadlines
For crashes on or after March 24, 2023, you generally have two years from the date of the accident to file a lawsuit. If a government vehicle or a road defect was involved, a written notice of claim has to go to the government agency first. Waiting until the deadline is close helps no one but the insurer.
What we do
We get the crash report and any video, set up the PIP claim, and take over communication with every insurer. While you treat, we help you find doctors, including providers who will wait for payment until the case resolves. When treatment is finished, we put together the medical records, bills and wage loss and present the claim. If the insurer will not make a fair offer, we file suit. Throughout, you deal directly with the attorney on your case.
For other kinds of injuries, see our main North Miami Beach personal injury page, or our Miami car accident page for more on Florida auto claims.
Frequently asked questions
I feel fine. Should I still see a doctor?
Yes, and within 14 days. Whiplash, disc injuries and concussions often do not show symptoms for a day or more. Without timely treatment you can lose your PIP benefits.
It was a minor crash. Is it worth calling?
The call is free. Some low-speed crashes cause neck and back injuries that need months of care. If you do not need a lawyer, we will say so.
Can I recover for pain and suffering?
Only if your injury meets Florida’s threshold, such as a permanent injury. Your doctors’ findings decide that, which is one reason consistent treatment matters.
The other driver drove off. What now?
Report it to the police right away. If you carry uninsured motorist coverage, it may cover a hit-and-run.
How long will my case take?
It depends mostly on how long your treatment lasts and whether a lawsuit is needed. Cases that go to suit take longer.
What does it cost to hire you?
Nothing up front. The fee is a percentage of what we recover, and there is no attorney fee if there is no recovery.
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