Marcus Fernandez

Common Myths About Auto Accident Claims Navigating the aftermath of a car accident is stressful enough without misinformation clouding your next steps. Unfortunately, many Florida drivers are influenced by common myths about auto accident claims, and those misconceptions can hurt your chances of getting the support you need. At Kinney, Fernandez & Boire, P.A. (KFB Law), we often hear the same myths repeated time and again by clients who come to us overwhelmed, confused, and unsure of their rights. Let’s set the record straight by debunking some of the most persistent auto accident myths Florida drivers should stop believing that prevent them from getting fair compensation and on the road to full recovery. Myth #1: If You Feel Fine, You Don’t Need to See a Doctor One of the most dangerous myths is assuming you’re uninjured just because you don’t feel pain right away. In reality, some injuries—like whiplash, concussions, or soft tissue damage—may not present symptoms until hours or even days after the crash. Florida laws require drivers to seek medical treatment within 14 days of the accident to qualify for Personal Injury Protection (PIP) benefits. Waiting too long can jeopardize your ability to recover any compensation from your insurer. Always get checked out by a medical professional after an accident, even if you feel okay at first. Myth #2: Florida’s No-Fault System Means You Can’t File a Lawsuit Florida is a no-fault state, which means your own PIP insurance covers medical expenses and lost wages up to a certain limit, regardless of who caused the crash. But this doesn’t mean you shouldn’t or can’t file a lawsuit. If your injuries are serious and meet Florida’s legal threshold, such as significant and permanent loss of bodily function, permanent injury, or scarring, you can pursue a claim against the at-fault driver. The no-fault rule doesn’t block you from holding a negligent driver accountable, especially if your injuries are severe. Myth #3: The Insurance Company Will Take Care of You Insurance companies market themselves as helpful and caring, but truth be told, their top priority is protecting their bottom line. Even your own insurer may try to minimize payouts or pressure you into a quick settlement that doesn’t cover all your expenses. Claims adjusters often use tactics that take advantage of what you don’t know, especially if you’re unfamiliar with the claims process. The best advice we can give without a full case review is this: don’t assume the insurance company is on your side. Speak to a qualified personal injury attorney at KFB Law before signing anything. Myth #4: If You Were Partly At Fault, You Can’t Recover Damages Florida follows a modified comparative fault rule. That means if you were partially at fault for the accident, you can still recover compensation, as long as you were not more than 50% responsible. Your compensation will be reduced by the percentage of fault attributed to you. So, if you were 20% at fault and your damages totaled $100,000, you could still recover $80,000. Even if you were partly responsible, it may still be worth pursuing a claim. Myth #5: Minor Accidents Aren’t Worth Pursuing It’s easy to downplay a fender bender, especially if your vehicle only has minor damage. However, even low-speed collisions can cause hidden injuries or result in expensive repairs. Plus, documentation matters. If you decide later to seek compensation and haven’t filed a report or seen a doctor, your car accident case claim could be much harder to prove. The bottom line is that you shouldn’t write off a minor crash without consulting a lawyer first. Myth #6: You Don’t Need a Personal Injury Lawyer for a Car Accident Claim Technically, you can file a claim on your own. But without legal guidance, it’s easy to make mistakes that cost you money or delay your case. An experienced auto accident attorney understands how to gather evidence, negotiate with insurers, calculate fair compensation, and protect your rights. You don’t need to face the legal process alone. Getting legal help on your personal injury case from KFB Law can make a real difference. Myth #7: You Have Plenty of Time to File a Claim Florida has strict deadlines for filing injury claims. Under the current statute of limitations, you generally have two years from the date of the accident to file a personal injury lawsuit (as of 2023). Miss the deadline, and you could lose your right to recover compensation, no matter how strong your case is. Time is not on your side. Don’t wait to take action. Myth #8: The At-Fault Driver Will Automatically Pay for Everything Many people assume that if the other driver caused the crash, their insurance will cover all your losses. In practice, it’s rarely that simple when dealing with auto insurance. The at-fault driver may be uninsured, underinsured, or contest liability. And even if they have coverage, their policy limits may not be enough to cover all your damages. That’s where uninsured/underinsured motorist (UM/UIM) coverage can help (that is, if you have your own uninsured motorist coverage). Relying solely on the other driver’s insurance is risky. Review your own coverage and speak to a lawyer. Myth #9: You Have to Give a Recorded Statement to the Other Driver’s Insurance Company After an accident, you may receive a call from the other driver’s insurance adjuster requesting a recorded statement. Many people think they’re required to comply. You’re not. Giving a recorded statement without legal advice can hurt your case. Insurers may use your words against you or take things out of context to deny or reduce your personal injury claim. Just remember: you are not legally required to give a recorded statement to the other party’s insurer. Speak to us first. Myth #10: Dashcam Footage or Photos Aren’t That Important Some accident victims think photos or dashcam footage won’t matter much if there are police reports or witness statements. However, visual evidence from the car crash can be crucial in establishing what actually happened, even in cases involving minor injuries. In Florida, where comparative fault can impact your compensation, even a few seconds of video can make or break your case. Dashcam footage, photos of the accident scene, and images of vehicle damage can all help establish liability and document the extent of the impact. Visual evidence is powerful. Save any footage or photos and share them with your attorney. Know Your Rights. Protect Your Future. Get Legal Representation From KFB Law For Your Car Accident Today Auto accident myths can lead you down the wrong path, costing you time, money, and peace of mind. If you or someone you love has been hurt in a Florida car accident, the best step you can take is to speak with a car accident attorney who knows the system and can help you navigate it to recover a fair settlement for your medical bills and trauma. At KFB Law, we believe your story matters. With offices across the Tampa Bay area, our experienced attorneys are well-versed in Florida personal injury law. We are here to listen, support, and guide you through every stage of your personal injury claim. You don’t have to face this alone. We’re here to help. Reach out to us at Kinney, Fernandez & Boire, P.A., today to schedule your free consultation.