Types of Auto Accident Claims
Auto accidents are an unfortunate reality in everyday life, especially in busy cities like Miami. If you’ve been involved in a traffic crash, filing a claim is essential. Understanding the different types of auto accident claims can help you significantly if you want to recover financially and move forward.
Here’s everything you need to know about auto accident claims, including how the legal experts at Bernstein & Maryanoff, Injury Attorneys, can help you pursue fair compensation.
Understanding the Basics of Auto Accident Claims
An auto accident claim is a formal request made to an insurance company, or in some cases, a court, for compensation after a crash. These claims may cover physical injuries, emotional distress, lost wages, property damage, and medical bills.
Negligence is a key part of most claims, which is a legal term that means someone failed to act with reasonable care, and that their actions (or lack thereof) caused you harm.
Insurance companies investigate claims, so they can resolve them as quickly (and cheaply) as possible. Unfortunately, this means that they may try to talk you into a lowball settlement.
Don’t go up against the insurance company alone. A Miami car accident lawyer will negotiate with the insurance company on your behalf and help fight for your rights.
Common Types of Auto Accident Claims
There are several different types of auto accident claims to be aware of, including the following:
1. Negligence-Based Claims
Most car accident cases are based on negligence, which means that a driver acted carelessly. This could involve violating traffic laws, or simply driving too fast based on traffic or weather conditions. Some examples of negligent driving include:
- Texting
- Speeding
- Running red lights
- Driving under the influence
- Failing to yield or check blind spots
If you are seeking compensation via a negligence-based claim, your attorney must prove that the other party had a duty of care and breached that duty. They must also establish a link (causation) to their actions and your injuries. Finally, your lawyer must prove that you suffered losses.
2. Insurance Claims
Auto accident insurance claims involve filing paperwork with your insurance company and the other driver’s insurer. Florida is a no-fault state, which means your personal injury protection (PIP) coverage pays for your lost wages and medical expenses, regardless of who caused the accident. However, you may also need to file a claim against the at-fault party’s liability insurance if your injuries are severe.
Unfortunately, insurance companies are notorious for denying valid claims or offering low settlements. That’s where having a skilled lawyer can make a huge difference.
3. Injury Claims
Auto accident injury claims focus on recovering compensation for the physical and emotional trauma caused by a crash. These claims can be complex, especially when your injuries are long-term or permanent. Some common injuries associated with these types of claims include the following:
- Whiplash
- Fractures
- Traumatic brain injuries (TBI)
- Spinal cord damage
- Internal bleeding
When filing an injury claim, you can seek compensation for medical expenses, lost wages, emotional distress, and pain and suffering.
4. Property Damage Claims
Property damage claims allow you to pursue compensation for:
- Repairs or replacement of your vehicle
- Damage to personal property (i.e., phones, laptops, car seats, etc.)
You will need evidence of the damage, and repair estimates or any related receipts. Your attorney can help you receive a fair market value for totaled vehicles, or negotiate a better repair settlement.
5. Wrongful Death Claims
If a loved one died in a car crash due to someone else’s negligence, eligible family members can file a wrongful death claim. These claims aim to hold the negligent party accountable for the loss and help surviving family members recover damages. Eligible claimants usually include:
- Spouses
- Children
- Parents
Damages in wrongful death cases can cover funeral expenses, the deceased’s medical bills, and loss of future income and benefits. You may also be able to seek compensation for loss of companionship and emotional support.
How Can Bernstein & Maryanoff Help You Understand the Type of Claim You Should File?
Every accident is different, and so is every auto accident claim. Therefore, it’s important to consult with an experienced Miami car accident lawyer who has handled a wide range of cases. Our attorneys analyze every detail of your case and provide timely legal advice to help you choose the best path forward.
Bernstein & Maryanoff, Injury Attorneys, have achieved positive outcomes for countless clients, and know what it takes to go toe-to-toe with insurance companies. Whether you are facing lowball offers from the insurance company, or are dealing with a complex case with multiple at-fault parties, we’ll explain your rights and be in your corner every step of the way.
After your free consultation, one of our lawyers will identify the appropriate type of claim based on the unique facts of your case. From there, we will begin collecting evidence and calculating potential compensation.
Get expert legal advice now. Call 1-800-429-4529 for your free consultation.
Common Causes of Auto Accidents
Some common causes of accidents include the following:
- Distracted driving: Using a phone or even adjusting the radio can take someone’s eyes off the road and lead to a crash.
- Drunk driving: Driving under the influence of drugs or alcohol plays a role in many fatal and severe injury crashes.
- Speeding: People who are driving too fast have less time to react to changes in road conditions or the behavior of others.
- Reckless driving: Tailgating, ignoring traffic signals, or weaving through traffic shows a willful disregard for safety.
- Weather conditions: Rain or other inclement weather reduces visibility and can increase the risk of a crash.
- Vehicle defects: Bald tires or faulty brakes can open the door to negligence claims.
Of these, distracted driving is by far one of the most common causes of auto accidents in Florida. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), distracted driving events played a role in over 106,000 crashes in 2023. This figure represents over 25% of crashes, which totaled 395,175 in 2023.
How to File an Auto Accident Claim
If you need to file a car accident claim with your insurance provider, you should:
- Report the accident to law enforcement and get a copy of your case number
- Seek medical attention right away
- Call your insurance company and open a claim
- Gather whatever evidence you can, such as photos or witness contact information
- Talk to a personal injury attorney right away
You’ll also need to get a copy of your crash report, which you can purchase online using the FLHSMV Florida Crash Portal. Your crash report won’t be available right away, but the responding officer should provide you with a case number.
Once the dust has settled, schedule a free consultation with a car crash attorney. A personal injury lawyer who is experienced with car accident claims can help you navigate this stressful process.
Before your appointment, collect any evidence or documents relevant to your case. The more information you bring to the appointment, the easier it will be for the attorney to offer detailed guidance about your case.
Not sure what to bring or can’t track down your documents? Don’t worry; the key is to book your consultation as soon as possible. Bernstein & Maryanoff, Injury Attorneys, are here to provide timely guidance, so you don’t have to deal with the consequences of your crash alone.
How Bernstein & Maryanoff, Injury Attorneys, Help With Auto Accident Claims
At Bernstein & Maryanoff, Injury Attorneys, we’ve been helping accident victims in Miami and throughout Florida for many years. Our legal team knows how to act fast in the aftermath of your crash, and hold the at-fault party accountable for the harm they caused. We handle everything, including the following:
- Communicating with insurance companies
- Gathering evidence
- Hiring medical and accident reconstruction experts
- Negotiating fair settlements or going to trial when necessary
We know how overwhelming a car accident can be, especially when you’re injured. That’s why we fight aggressively on your behalf — so you can focus on healing.
Have you been injured in a car accident in Miami? Get immediate legal help.
FAQs
Can You File a Claim If You Were Partially at Fault for the Auto Accident?
Yes, you can file a claim if you were partially at fault for the crash that caused your injuries because Florida uses a comparative fault rule. However, if you are found to be more than 50% at fault, then you cannot recover damages.
How Much Can You Get Out of Pain and Suffering?
There is no set amount for pain and suffering claims, as the harm is not directly measurable. Your ability to recover compensation for pain and suffering depends on the severity of your injuries, impact on daily life, and the level of emotional distress you suffered.
What Is the Difference Between a Property Damage Claim and a Personal Injury Claim?
A property damage claim covers the repair or replacement of your vehicle and other belongings that were damaged in the crash. A personal injury claim seeks compensation for the physical and emotional harm you experienced as a result of a crash.
What Types of Claims Can You File After a Hit-And-Run Accident?
You may be able to file a claim through your own uninsured motorist coverage, collision coverage, or personal injury protection (PIP) policy. If the driver is later identified, you can also file a claim against them or their insurance.
What Is a Third-Party Auto Accident Claim? When Can You File It?
A third-party claim is filed against the at-fault driver’s insurance company, not your own. You can file this type of claim if the other driver is clearly liable, and you suffered serious injuries.
How Do You File a Claim if You Were Involved in a Multi-Vehicle Collision?
Fault can be shared among multiple drivers in multi-car accidents. If you aren’t sure who is at fault or how to proceed, schedule a free consultation with Bernstein & Maryanoff, Injury Attorneys.
What Types of Claims Are Relevant in Accidents Involving Commercial Trucks?
You may be able to file a personal injury claim against the truck driver, their employer, and/or the vehicle manufacturer. You may also be able to seek damages for property damage and even negligent hiring or maintenance practices.
What Types of Claims Can Be Filed After a Motorcycle Accident?
If you are a victim of a motorcycle accident, you may be able to file a personal injury claim for medical costs, pain and suffering, and lost income.
What Types of Claims Arise From Accidents Caused by Drunk or Distracted Driving?
You can file a personal injury claim against the impaired driver. In some cases, the loved ones of a victim who passed away can file a wrongful death claim.
What Types of Claims Arise From Accidents Caused By Uninsured/Underinsured Drivers?
If the at-fault driver lacks sufficient insurance coverage, you can file a claim through your uninsured/underinsured motorist coverage. This coverage can help with medical bills, lost wages, and pain and suffering.
Sources:
FLA STAT 761.81(6).
Florida Crash Portal. (2025).
Florida Traffic Crash Facts Annual Report 2023. (2023).
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