How To File A Bodily Injury Claim Following An Auto Accident

If you were involved in an auto accident and have suffered injuries or other damages as a result, then you may be entitled to compensation. With millions of car accidents happening each year, a lot of people end up filing insurance claims. Insurance companies have reported that the average yearly claim for a car accident is more than $3,000 for property damage and up to $15,000 for personal injury.

The Basics Of Personal Injury Claims

Florida is a no-fault insurance state, so one of your only options may be to submit a claim to your insurance company. Filing a claim with the other party's insurance company isn't always an easy task to accomplish.

When filing your claim, you will need to prove that the other driver caused the accident and the accident caused your injuries. You will also need to prove the cost of your medical care, related expenses, and any pain and suffering you have experienced so you can receive a fair settlement.

Compensation For Damages

When we discuss damages, we are referring to any and all costs associated with personal injuries or property damage as a result of an accident. Personal injury damages include medical bills, out-of-pocket expenses, lost wages, and pain and suffering. Property damages include any costs involved to repair the vehicle and the overall value of any personal items that were in the vehicle at the time of the accident.

To receive compensation, you have to do what you can to prove the other driver involved in the auto accident was the negligent party. To do this, you need to collect as much evidence at the scene as possible such as an emergency medical services (EMS) report, a police report with details of the accidents, names and contact information of any witnesses, and accident diagrams.

Notify The Insurance Company

Once you have collected the evidence, it is time to contact your insurance company. You want to do this even when the accident is not your fault. Most insurance contracts include a notification clause stating that you have agreed to inform the insurance company about any accidents you are in and to cooperate in their investigation of the accident.

Next, you need to notify the at-fault driver's insurance company to share your intent of filing a claim. You will want to do this as soon as possible. If the other driver has already reported it, there should be a claim number. A separate adjuster may be assigned to handle each person in the claim independently.

When To Call An Attorney

The claims process after an accident can definitely be tricky to navigate, especially if you have suffered injuries and other damages. To ensure a reasonable settlement, you may want to consider calling a personal injury attorney to help you with the process.

You never want to put your trust in a claims adjuster to look out for your best interests because they are on the side of the insurance company. They don't always treat claimants fairly. The insurance company is going to do what they can to reach the lowest possible settlement to save money. This is easier for them to do when the person filing the claim does not have a personal injury attorney on their side.

Your attorney will be the go-between, so you can focus your efforts and attention on healing your injuries after the accident. Don't leave your chances at compensation up to insurance companies and claims adjusters.

Video FAQ


Client Testimonials

Attorney David Goldman has been exceptional in the process of helping me through the case. He has always been easy to reach, whether by phone or email, and has thorough knowledge and explains clearly in depth so you feel safe and confident in your lawyer

I used Michael Babboni and his paralegal, Nicole Moore for a legal matter. They went above and beyond my expectations. During the entire process there was constant communication with both Michael and Nicole. They were extremely organized and on top of my case, which I am very grateful for. Michael truly had my best interests at heart and he was very genuine. I plan on referring Michael to all family and friends and will continue to use him in the future.

I dealt most with Mr. Fernandez. I didn’t know a lot about this process. He took the time to speak with me individually, in person, to explain everything. It was very helpful to actually know and understand the process and what to expect. He closed my case quickly, which was nice that it was not prolonged! I appreciated his hard work and getting me what I felt I deserved after my car accident. I highly recommend him to anyone who needs an honest and reliable lawyer to assist you with your case!

I hired Mr. Walsh after an automobile accident this past March. He and his entire staff were extremely professional. They kept me informed every step of the way and settled my case in a timely manner. Thank you so much for your help.

Get Your Free Case Review

Fill out my online form.

Law Offices Near You

Sarasota Office



3550 S Tamiami Trail, 3rd Floor Sarasota Florida 34239

Bradenton Office



5291 Office Park Blvd. Bradenton Florida 34203

St. Petersburg Office

St. Petersburg


6446 Central Avenue St. Petersburg Florida 33707

Venice Office



3986 S. Tamiami Trail Venice Florida 34293

Englewood Office



2960 S. McCall Rd Englewood Florida 34224

Port Charlotte Office

Port Charlotte


3986 Tamiami Trail Port Charlotte Florida 33952

Arcadia Office



10 South DeSoto Avenue Arcadia Florida 34266

Fort Myers Office

Fort Myers


8359 Beacon Blvd Fort Myers Florida 33907

Lakeland Office



5137 S. Lakeland Dr. Lakeland Florida 33813

Get personal attention from a lawyer with decades of experience.