GOLF CART ACCIDENT? WHAT TO DO NEXT
Here are the fundamentals of what you need to do after a golf cart accident.
- First, take care of your medical treatment.
Whether that means going to the hospital by ambulance, going to a walk-in clinic, or going to your primary care doctor, you need to get medical attention first. Many people will be in shock after a golf cart accident. You need to seek medical attention first. Insurance companies frequently question the legitimacy of injuries based on delay in the injured person seeking medical treatment. Also, if No Fault coverage applies to your case, Florida law requires that you present to a medical provider within 14 days of the incident.[1]
- Obtain all information from the golf cart accident.
This means names of all witnesses to the accident, including their contact information. It will do you no good to have first names of witnesses who say they saw the accident if you cannot locate them later. Get phone numbers, full names, and addresses if they will cooperate.
- Call the police to the scene.
At fault actors will often ask that you not contact police to have them come to the scene. Do not listen to that self-serving request. Contacting the police and having them on-scene is your best source of information. They are trained in handling and documenting auto and golf cart accidents. Additionally, many agencies now have body-camera video and audio. This evidence can make the difference in your golf cart accident case.
- Don’t contact the insurance company until you have an attorney to protect your rights.
Yes, you will eventually need to contact your own insurance company, but you should not do so until you have retained an attorney to protect your rights. Why? Because your insurance company does not want to pay out money any more than an insurance company does for an at-fault operator. Even your insurance company has a script designed to get you to say things which will limit what they may have to pay to you. Also, never speak with the insurance company for the at-fault party without an attorney. In Florida there is no law that requires you to speak with the insurance company for the at-fault party. The at-fault person’s insurance company certainly has the incentive and desire to get you to say something against your interests. Also, insurance companies today, more often than not, record your conversation. This is another reason why you should not contact an insurance company without an attorney to represent you.
- Attend your doctors’ appointments and communicate with your doctor when you see them.
It is important that you attend doctors’ appointments because it is vital to your recovery, it provides documentation of your medical situation, and if you fail to attend them then that too is a part of your medical record. Insurance companies note when an injured person skips appointments or does not follow medical providers treatment. This is used against an injured golf cart accident victim by insurance companies. When you are at your doctors’ appointments it is also vital that you report to them what is going on with you medically. This will become a part of your medical record and it is documentation of your injuries and your progress toward healing or continuing problems.
- Don’t post on social media.
Whatever you post on social media you can expect it will be used against you by the at-fault golf cart or automobile driver who caused your golf cart injury. Insurance companies now regularly scour the internet looking for any information to downplay your injuries or controvert what you say about your golf cart injury case. Many accident victims will contend that a social media post “doesn’t really show much”. Insurance companies love seeing posts wherein the injured claimant looks like nothing is wrong, the person does not look in pain, or they appear not to have any limitations. In other words, a social media post can mislead that the injured golf cart claimant appears to be just like everyone else, even if they still have extensive physical issues.
- Don’t hire just anyone to represent you.
First, don’t go it alone. The insurance companies are well practiced and well versed in trying to get you to say and do things against your rights. The adjusters are trained to steer you to conversations where you say something against your case. The insurers will record you and then use that same recording against you weeks later. Statistics demonstrate that having an attorney on your side protecting and looking out for your interests actually results in a greater net recovery to you than trying to go it alone. Do not choose just any attorney. Golf Cart injury cases are different than automobile cases. If you hire an attorney who has never handled a golf cart injury case they are not likely to know the laws which apply only to golf carts. Your case is important and you have the ability to pursue your case for the maximum recovery by being prudent and hiring the best golf cart attorneys for your case.
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[1] 627.736 Required personal injury protection benefits; exclusions; priority; claims.—
(1) REQUIRED BENEFITS.—An insurance policy complying with the security requirements of s. 627.733 must provide personal injury protection to the named insured, relatives residing in the same household unless excluded under s. 627.747, persons operating the insured motor vehicle, passengers in the motor vehicle, and other persons struck by the motor vehicle and suffering bodily injury while not an occupant of a self-propelled vehicle, subject to subsection (2) and paragraph (4)(e), to a limit of $10,000 in medical and disability benefits and $5,000 in death benefits resulting from bodily injury, sickness, disease, or death arising out of the ownership, maintenance, or use of a motor vehicle as follows:
(a) Medical benefits.—Eighty percent of all reasonable expenses for medically necessary medical, surgical, X-ray, dental, and rehabilitative services, including prosthetic devices and medically necessary ambulance, hospital, and nursing services if the individual receives initial services and care pursuant to subparagraph 1. within 14 days after the motor vehicle accident.
The full statute can be found at this link: Statutes & Constitution :View Statutes : Online Sunshine
