South Florida Car Accident Lawyer Explains What to do After Your Car is Totaled in a Florida Car Crash

When you are involved in a South Florida car accident case, one of the main goals is to minimize your expenses from the accident. One of the expenses that can be avoided is a tow yard fee. If your car was totaled in the accident and was taken to a Florida tow yard from the scene of the crash, it's possible to avoid the tow fee. The tow yard fees vary depending on the company, but it is usually a specific rate per day that your car is in their tow lot. With all the commotion that follows a car accident in South Florida, it's often easy for the tow yard rates to add up and to lose track of how many days your car has been at the tow lot. We have seen clients accidentally forget about their cars being at the tow yard because of all the other things they are worried about, and then they are stuck having to pay back the tow yard from a portion of their settlement money after we get a great resolution to their injury case. The first priority after a car accident is of course seeking medical treatment and making sure you are getting the treatment and care you need. Once your immediate medical needs are taken care of, it's important to find another place for your car other than the tow yard.

How do I get my car out of a Tow Yard after a Florida Car Accident?

Your first option is to file a claim with your car insurance company. When you file an insurance claim, one of two things will happen. They will send a car insurance agent (an adjuster) to the tow yard to access the damages your vehicle suffered in the accident, and then insurance will arrange for your car to be towed to a repair shop. Or, your car will be towed to your insurance company's nearest location. Your collision coverage should cover the damages to your car from the accident, or your insurance company will reach out to the at-fault driver's insurance company for repayment. If you choose to file a property damage suit, however, it does not have anything to do with your personal injury case from the car accident. If going through your car insurance is not an option right away, try having your car towed to your home or the home of a trusted relative or friend in the meantime to avoid incurring high costs for storing your car. There is also an option for you to take on the scene of the crash, if you're able. If you are capable of communicating with the Florida tow truck driver at the accident scene, you can ask them to tow your car to a specific location. You can ask for your car to be towed to a repair shop, your insurance company's parking lot, or another safe and reliable place. In that case, you will be responsible for the towing fee, however, it could save you money in the long run since you won't have to pay a daily storage fee - whether in cash or from your settlement funds - if it's taken to the tow yard.

Was Your Car Totaled in a Car Crash? Were You Injured In A Florida Car Accident?

If you've been hurt in a Flroida car accident you need to speak with an experienced Florida car accident lawyer as soon as possible. Please contact us online or call our Coral Springs law office directly at (954) 755- 7803 to schedule your free consultation. We proudly serve Florida residents including all of Fort Lauderdale, Boca Raton, Miami-Dade County, Broward County, Palm Beach County, and all points in between.

Call our Coral Springs Car Accident Law Firm (serving all South Florida) to Schedule a FREE Consultation Today: (954) 755-7803

[post_title] => Car Totaled In Florida Accident, What Do I Do? Lawyer shares [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => car-totaled-in-accident-in-florida-now-what-do-i-do [to_ping] => [pinged] => [post_modified] => 2022-12-01 15:52:38 [post_modified_gmt] => 2022-12-01 23:52:38 [post_content_filtered] => [post_parent] => 0 [guid] => http://rlf.flywheelsites.com/library/car-totaled-in-florida-accident-what-do-i-do-lawyer-shares/ [menu_order] => 0 [post_type] => library [post_mime_type] => [comment_count] => 0 [filter] => raw ) [1] => WP_Post Object ( [ID] => 1129 [post_author] => 6 [post_date] => 2022-01-26 15:25:18 [post_date_gmt] => 2022-01-26 15:25:18 [post_content] => If your workers’ compensation claim is denied, this is not necessarily the final word on your case. You can try to settle the dispute by meeting with your employer and/or the employer’s insurance company to see if the denial is due to a typo or other minor error in your paperwork that can be corrected easily. If an informal meeting does not solve the problem, you may file a formal appeal with the help of a workers’ compensation attorney.

Why Florida Workers’ Comp Claims Are Denied

More than 10% of workers’ compensation claims are denied. Reasons for denial may include:

The application provided incomplete information.
There was a discrepancy between the accident report and documented injuries.
The applicant missed the filing deadline.
Medical treatment was not sought.
The medical provider was not on the certified list of providers.
The injury did not happen at work.
The injury is not severe enough to warrant benefits.
The employer disputes the claim.

If your claim is denied, you should receive a letter that states the exact reason for the denial and gives information regarding a possible appeal. You generally have two years from the date of the injury to appeal unless you are appealing the denial of one specific benefit. In that case, you have one year from your last benefit payment or treatment date. Filing your appeal sooner is always better.

What You Should Do If You Disagree With the Denial of Your Workers’ Compensation Claim

When you receive your initial denial, your first step should be to meet with your employer and/or the employer’s insurance company to see if the denial is due to an issue that can be corrected without court intervention. The Employer Assistance and Ombudsman Office (EAO) can assist you with this at no cost. If you are unable to resolve the issue with EAO help, a Petition for Benefits should be submitted to the clerk of the Office of the Judges of Compensation Claims (OJCC). You must provide the details of your accident, the type of injury you have, any wage loss you’ve suffered, and what benefits you seek. When the OJCC receives your petition, it will notify your employer and the insurance carrier. They must either pay your claim or respond to the OJCC within 14 days. A case number will be assigned to your claim, so you can track the status of your appeal online. The OJCC will arrange for a neutral third-party mediator to help you resolve your dispute at an informal mediation hearing, which should take place within 130 days after you file. Your attorney will negotiate on your behalf. Most appeals are decided at the mediation stage. If the mediation is not successful, however, a workers’ compensation judge will schedule a pretrial hearing with the OJCC to establish the issues in the case and let the parties exchange evidence. You may submit a written statement, and your lawyer can attend the hearing on your behalf. You’ll have your final hearing within 90 days. There, both parties will present evidence, and any witnesses will give testimony. The judge will issue a written decision, which you should receive within 30 days. If you don’t agree with the judge’s decision, you have 30 days to appeal to the First District Court of Appeals. This step of the appeal process will be even more complicated and might take a year or more to resolve. The Court of Appeals may confirm the OJCC’s decision, overturn the decision, or send the case back to the OJCC for more findings.

Have You Been Injured At Your Florida Job?

If you've been hurt on the job in Florida you need to speak with an experienced workers' compensation lawyer as soon as possible. Please contact us online or call our Coral Springs office directly at 954.755.7803 to schedule your free consultation. We proudly serve Florida residents including all of Fort Lauderdale, Boca Raton Miami-Dade County, Broward County, Palm Beach County and all points in between.

Related Links:

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South Florida Car Accident Lawyer Explains What to do After Your Car is Totaled in a Florida Car Crash

How do I get my car out of a Tow Yard after a Florida Car Accident?

Was Your Car Totaled in a Car Crash? Were You Injured In A Florida Car Accident?

Call our Coral Springs Car Accident Law Firm (serving all South Florida) to Schedule a FREE Consultation Today: (954) 755-7803

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Library Category: Workers' Compensation

Car Totaled In Florida Accident, What Do I Do? Lawyer shares

• January 26, 2022

South Florida Car Accident Lawyer Explains What to do After Your Car is Totaled in a Florida Car Crash When you are involved in a South Florida car accident case, one of the main goals is to minimize your expenses from the accident. One of the expenses that can be avoided is a tow yard…

Appealing the Denial of a Workers’ Comp Claim in Florida

• January 26, 2022

If your workers’ compensation claim is denied, this is not necessarily the final word on your case. You can try to settle the dispute by meeting with your employer and/or the employer’s insurance company to see if the denial is due to a typo or other minor error in your paperwork that can be corrected…