Car Accident | Tucker Law

Do I Have to Use the Body Shop the Insurance Company Picked?
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Do I Have to Use the Body Shop the Insurance Company Picked?

Personal Injury, Car Accident, Education

Do I Have to Use the Body Shop the Insurance Company Picked?

After a crash, you’re already juggling enough—doctor visits, rental cars, missed plans, and that constant “What happens next?” feeling. Then the insurance adjuster says, “We can set you up with one of our preferred body shops,” and it sounds helpful… until you wonder, "Do I have to use the body shop the Insurance company picked?" Here’s the short version in simple terms: in most situations, you do not have to use the body shop the insurance company picked. You generally have the right to choose where your vehicle gets repaired. And choosing wisely can make a big difference in how your car looks, drives, and holds value down the road. Let’s talk about how this works, what the insurance company is trying to accomplish, and how to protect yourself from getting steered into a repair you don’t feel good about. Why does the insurance company “recommend” a shop in the first place Insurance companies often have Direct Repair Programs (DRPs) or “preferred shop” networks. It’s not automatically shady. Sometimes it can be convenient: the shop already knows the insurer’s paperwork system, can handle billing directly, and may get you in faster. But let’s be honest about the incentives. A preferred shop relationship usually means the insurer is sending that shop steady business. In return, the insurer expects: predictable pricing faster cycle times (get the claim closed) fewer supplements (extra repair charges after teardown) repairs that stay within the insurer’s guidelines That can line up with quality work… or it can create pressure to “make it fit” within a budget instead of doing what’s best for your vehicle. Think of it like this: if your landlord “strongly suggests” a handyman, that handyman may be great. Or [...]

Do I Have to Tell My Own Insurance If the Crash Wasn’t My Fault? Florida’s PIP Rules Make This a Must
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Do I Have to Tell My Own Insurance If the Crash Wasn’t My Fault? Florida’s PIP Rules Make This a Must

Car Accident, Education

Do I Have to Tell My Own Insurance If the Crash Wasn’t My Fault? Florida’s PIP Rules Make This a Must

You've recently been in an accident, and the other driver is apologizing. Their insurance information is in your hands; it's clearly their fault, and now you're wondering, "Do I have to tell my own Insurance if the crash wasn’t my fault?" especially when you know your rates will go up. In Florida, that instinct is understandable. It’s also one of the most common ways good people accidentally hurt their own case. If the crash wasn’t your fault, you usually still need to notify your own insurance promptly, especially because Florida is a no-fault state and your own policy may be the fastest path to getting medical care paid through Personal Injury Protection (PIP). Florida’s no-fault system requires most drivers to carry PIP, which is designed to pay certain medical expenses and lost wages after a crash, regardless of who caused it. That means your first stop for medical payment is often your own policy, not the at-fault driver’s insurer. If you delay reporting the accident because you’re waiting on the other driver’s insurance to “do the right thing,” you can end up with unpaid bills, gaps in treatment, and a claim that gets harder to prove. Do I have a legal obligation to report it to my insurer? Most auto policies have notice requirements. In everyday terms, your insurance contract typically says you must notify them of an accident promptly, even if you don’t think you’re at fault and even if you don’t want to make a claim. Therefore, to truly protect yourself in the short term and in the long run, you'll want to confirm what's in the fine print of your contract before you decide to blow off your insurer! If you don't, [...]

What Should I take Photos of Right After a Crash?
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What Should I take Photos of Right After a Crash?

Personal Injury, Car Accident

What Should I take Photos of Right After a Crash?

After a crash, your brain goes into survival mode. Your hands shake, your heart races, and suddenly you can’t remember if you already called someone or if you’re still sitting in the same spot. That’s normal. If you're already thinking, "What should I take photos of right after a crash?" You're already on the right track. The truth about taking photos after a crash is simple: what you photograph in the first five to ten minutes can matter just as much as what you say in the next five to ten days. Photos can preserve the story of the wreck before the cars move, the debris gets swept away, and everyone suddenly “remembers it differently.” I’m an attorney at Tucker Law, and we help Florida crash victims protect themselves, physically, financially, and legally. If you’re unsure what to do after a wreck, call our firm at 1-800-TUCKERWINS. First things first: safety, then photos Before you start documenting anything: Check for injuries and call 911 if anyone is hurt or if traffic is dangerous. Move to a safe location if you can do so without creating more risk. Accept medical help if offered. Adrenaline can mask injuries. Once you’re safe or while waiting for help, your phone becomes your best witness. The “must-have” photo checklist after a crash Think of it like building a timeline. You want wide shots, medium shots, and close-ups. If you only take one type, the insurance company can argue they’re missing context. 1) The entire scene (wide shots) These photos capture the overall story, from where everyone was to what the roadway looked like, as well as how traffic was flowing. Take photos of: The intersection or stretch of road from [...]

What to know if you’ve been injured in the state of Florida: 5 Important tips
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What to know if you’ve been injured in the state of Florida: 5 Important tips

Personal Injury, Education

What to know if you’ve been injured in the state of Florida: 5 Important tips

Lots of questions start to scatter your brain when an accident happens, and it’s critical to ensure that you are fully protected. Here is what to know if you've been injured in the state of Florida. Questions flood your mind like, "Should you hire a lawyer?" "Do I understand Florida’s laws?", or "What are my next steps?" Having been injured in Florida by a car accident, slip and fall, or any other injuries, these are the 5 important tips Tucker Law believes should be followed no matter "how small" you think the injury was. The truth is, there are a lot of internal injuries that are not physically obvious after an incident that can hurt you in the long run. 1) Call 911 even if it seems “minor”. If there is more than $500 in damages, Florida law requires a crash to be reported to law enforcement. This will ensure that a traffic crash report is made, which is often critical for insurance and any later injury claim (some injuries have delayed effects due to the adrenaline rush). It is always important to leave a paper trail of the incident, and from there, we are more than happy to help you understand your situation and whether your case is worth pursuing or going to waste your time. 2) Beware of strangers If you’ve recently been in an accident and a stranger tries to contact you, BE CAREFUL! They are breaking the law, they will call you, send you a text message, knock on your door, and sometimes even go into your hospital room uninvited. This is illegal and should be reported to the Florida Bar. However, taking advice from strangers can also HURT YOUR CASE. [...]

How long do I have to file a personal injury claim in Florida?
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How long do I have to file a personal injury claim in Florida?

Personal Injury, Education

How long do I have to file a personal injury claim in Florida?

You have just been involved in an accident or a serious injury has just happened to you, and after all the confusion and chaos have subsided, you're thinking clearly, and the question of "How long do I have to file a personal injury claim in Florida?" starts to cross your mind. In Florida, the deadline to file a personal injury lawsuit depends on the type of case. For most negligence-based injury cases (car crashes, slip/trips, negligent security, etc.), Florida law now gives you two years to file suit. This change came from Florida’s 2023 tort reform (HB 837), which became effective March 24, 2023. (The Florida Senate) Important: the “clock” usually starts when the cause of action accrues—typically the date of the accident (when the last element of the claim occurs). (Online Sunshine) What changed: 4 years vs. 2 years For negligence actions, the current statute of limitations is two years. (The Florida Senate) Before the law changed, Florida generally allowed four years for negligence actions. That older four-year language is still shown in the pre-reform statute. (The Florida Senate) In plain terms: many crashes on/after March 24, 2023, are treated under the two-year deadline, while earlier incidents may fall under the prior four-year framework (and transition rules can get complicated fast). (The Florida Senate) Exceptions and different rules (this is where people get surprised) Medical malpractice Medical malpractice has its own timeline. Generally, it must be filed within two years from the incident or from when the injury was discovered (or should have been discovered), but there’s also a four-year statute of repose (with special rules for minors and for fraud/concealment that can extend certain situations). (The Florida Senate) Wrongful death Wrongful death actions [...]