Over 40 Years
of Experience
of Experience
Miami Auto Accident Attorney
At Holzberg Legal, we have been protecting victims of reckless and negligent drivers for over 40 years. If you or a loved one has been injured or lost their life due to careless driving, you have the right to seek compensation for your damages.
Types of Crashes
Various personal injury cases arise from automobile accidents. The injured party’s status plays a crucial role in determining the type of claim and available insurance coverage:
- Automobile Operator
- Motorcycle Rider
- Passenger
- Bicycle, Scooter, Pedestrian
Most commonly, we pursue a Negligence Claim against another driver responsible for the accident. The injured person must prove that the defendant driver failed to exercise reasonable care, leading to the accident and injuries. After proving negligence, we determine the levels of available insurance coverage.
For all automobile accident cases, we request the following from potential clients:
- 📸 Photos of injuries
- 🚗 Photos of vehicle and accident scene
- 📜 Police Report or Exchange of Driver Information
- 🚑 Emergency Medical Services (EMS) Report (if available)
In Florida, the Police Report or Exchange of Driver Information includes insurance details for both the defendant driver and the injured client.
The Key Ingredient: Insurance Coverage
Insurance is the most critical factor in any personal injury case. Florida law only requires drivers to carry a minimum amount of insurance known as Personal Injury Protection (PIP), which covers up to $10,000 in medical expenses and lost wages regardless of fault. However, this is often not enough to fully compensate accident victims for their losses.
An experienced Miami auto accident lawyer can help you uncover additional insurance coverages that may be available, including:
- Bodily Injury Liability (BI): Covers injuries and damages caused by the at-fault driver.
- Uninsured Motorist (UM) Coverage: Protects you if the at-fault driver has no insurance.
- Underinsured Motorist (UIM) Coverage: Covers you when the at-fault driver does not have enough insurance.
- Stacking Policies: Allows you to combine multiple UM/UIM policies to maximize coverage.
- Umbrella Coverage: Extends liability protection beyond standard auto policies.
- Homeowner’s/Property Insurance: May provide coverage for specific accidents occurring on private property.
If you don’t know what coverage applies to your case, Holzberg Legal can review your policy and help you pursue every available avenue for compensation.
How Florida Insurance Laws Impact Your Case
In Florida, your medical bills are covered by your Personal Injury Protection (PIP) benefits under your own insurance policy. However, to recover additional damages, you must file a claim against:
- The at-fault driver’s insurance company (if they have BI coverage).
- Your own insurance company (if you have Uninsured/Underinsured Motorist Coverage – UM/UIM).
Additionally, if your insurance company failed to offer you UM/UIM coverage when you purchased or renewed your policy, you may have grounds to file a separate claim for additional compensation.
Statute of Limitations for Auto Accident Cases in Florida
⏳ Personal Injury Claims: 2 Years ⏳ Uninsured/Underinsured Motorist (UM/UIM) Claims: 5 Years (However, we typically file as soon as benefits are denied.)
Failing to file within these deadlines can result in losing your right to compensation.
Determining Insurance Coverage and Compensation
To pursue a claim against a defendant driver, there must be Bodily Injury (BI) Coverage available. BI Coverage is for the benefit of injured third parties, meaning someone other than the at-fault driver.
Most BI policies have two listed amounts (e.g., $10,000/$20,000 (“10/20” policy)):
- $10,000 (first number): Maximum coverage for an individual third-party claimant’s injuries.
- $20,000 (second number): Total amount available for all injured third parties combined.
If multiple people are injured in a crash, BI policy limits must be divided among all claimants.
In Florida, PIP is required at $10,000 for medical benefits and $15,000 for property damage (PD). However, BI coverage is NOT required—which is why UM/UIM Coverage is critical.
If the defendant driver only purchased PIP/PD, then there is no third-party BI claim. The injured party can then file a claim under their own UM/UIM Coverage.
To determine BI or UM/UIM coverage, we must send an Insurance Notice Letter to each insurer.
Other potential sources of compensation include:
- Permissive Use Policies: Covers a non-policyholder driving the insured vehicle with permission.
- Employer/Commercial Policies: If the at-fault driver was working at the time of the crash.
- Umbrella Coverage: Extends additional liability protection.
- Stacking UM/UIM Coverage: Increases available compensation by combining coverage limits across multiple vehicles or policies.
Types of Auto Accidents
Driver Accidents
- Rear-End Collisions
- Side Swipes
- Head-On Collisions
- Distracted Driving (Texting, Eating, Phone Use)
- Traffic Law Violations (Running Red Lights, Stop Signs)
- Drunk Driving
- Hit and Run Accidents
Passenger Accidents
Passengers injured in a crash can file claims against:
- The at-fault driver of another vehicle.
- The driver of the vehicle they were in.
- Both drivers (if shared fault applies).
- Their own UM/UIM coverage if the at-fault driver has insufficient coverage.
Other Auto Accident Cases
- Truck Accidents 🚛
- Motorcycle Accidents 🏍️
- Rideshare (Uber/Lyft) Accidents 🚗
- Pedestrian Claims 🚶
- Wrongful Death Cases ⚖️
Why Choose Holzberg Legal?
✔ 40+ Years of Experience Fighting for Auto Accident Victims ✔ Proven Record of Securing Maximum Settlements & Verdicts ✔ Specialized in UM/UIM, Stacking & Insurance Disputes ✔ Recognized as a Best Law Firm in Auto & Personal Injury Law ✔ Aggressive Trial Preparation – We Don’t Just Settle, We Fight
If you have been injured in an auto accident, don’t leave your claim to chance. Insurance companies will try to minimize your compensation—we fight to maximize it.
📞 Call Holzberg Legal at (305) 668-6410 for a FREE Consultation
Let our experience, knowledge of insurance law, and legal expertise work for you! 🚗⚖️
