Miami-Dade car accident lawyers at Berger & Hicks represent drivers, passengers, and pedestrians hurt in crashes across Miami-Dade County, including collisions involving rideshare vehicles, commercial trucks, and uninsured drivers.
Car accident lawyers at Berger & Hicks review these claims with a focus on Homestead, West Kendall, and the South Miami-Dade suburbs, and Martin Berger and Zachary Hicks handle each case personally from the first call.
The firm's two partners, Martin Berger and Zachary Hicks, handle each car accident claim directly.
Florida is one of the few states that does not require a driver to carry insurance covering another person's injuries, which leaves many crash victims relying on their own policy to cover costs a careless driver caused.
Call (305) 670-7050 for a free case review.
Berger & Hicks Takes Car Accident Claims to Trial When Insurers Refuse to Negotiate Fairly
Berger & Hicks prepares every Miami-Dade car accident case as if it will end up in front of a jury, not just at a settlement table. Martin Berger and Zachary Hicks personally handle negotiations and, when necessary, trial, rather than passing a case to a settlement team.
That posture changes how an insurance adjuster responds to a demand letter from this firm.
Trial Experience Factors Into How an Adjuster Values a Claim
Martin Berger and Zachary Hicks each bring close to thirty years of litigation experience to a car accident claim, and both partners try cases in front of a jury when a settlement offer falls short. An adjuster who knows a firm tries cases generally approaches a demand letter differently than one from a firm that always settles.
A Caseload Built Around Direct Attorney Involvement
Berger & Hicks limits the number of car accident cases it accepts so that Martin Berger or Zachary Hicks personally manages each file, from the police report review through negotiation. That structure means a client speaks with the attorney handling the case, not a rotating team of assistants.
What Do You Do If the Other Driver Has No Insurance or Not Enough Coverage?
Florida law requires drivers to carry personal injury protection (PIP) and property damage liability (PDL) coverage under Florida's no-fault insurance law, but it does not require bodily injury liability coverage in most cases. That gap means an underinsured or uninsured driver in a Miami-Dade crash can leave an injured person with few options beyond their own policy.
Uninsured motorist (UM) coverage, which a driver could add to a Florida auto policy, generally fills that gap when the at-fault driver carries too little insurance or none. Florida Statute 627.727 governs how UM coverage applies to a Florida car accident claim.
A Miami-Dade car accident claim draws on more than one type of insurance coverage, depending on what each driver carries.
- Personal injury protection (PIP) pays a portion of medical bills and lost wages regardless of who caused the crash.
- Property damage liability (PDL) from the at-fault driver pays for vehicle repairs.
- Bodily injury liability, when the at-fault driver carries it, pays for injuries beyond PIP.
- Uninsured motorist (UM) coverage from the injured driver's own policy fills the gap when the at-fault driver lacks enough bodily injury coverage.
- Medical payments coverage (MedPay), an optional add-on, covers costs PIP does not fully reach.
What Types of Car Accidents Does Berger & Hicks Handle Around Miami-Dade?
Berger & Hicks reviews a range of car accident types across Miami-Dade County, from routine rear-end collisions to crashes involving commercial and agricultural vehicles near Homestead. Each accident type raises different insurance and liability questions.
- Rear-end and intersection collisions generally happen because of distracted or inattentive driving.
- Rideshare accidents happen when an Uber or Lyft vehicle crashes while the driver is logged into the app.
- Commercial truck and agricultural vehicle accidents happen along routes like Krome Avenue and other corridors near Homestead.
- Hit-and-run accidents happen when the at-fault driver leaves the scene before exchanging information.
- Drunk or impaired driving accidents involve a driver charged with driving under the influence.
Identifying the exact vehicle type and driver status at the time of the crash shapes which insurance policy, or policies, a Miami-Dade car accident claim ultimately draws from.
Where Does Insurance Coverage Typically Come From After a Miami-Dade Car Accident?
Insurance coverage for a Miami-Dade car accident typically depends on the type of vehicle and driver involved in the crash, not just who caused it. Commercial and rideshare vehicles often carry higher policy limits than a typical personal auto policy.
| Accident Type | Likely Insurance Source | Complicating Factor |
| Rear-end or intersection collision | At-fault driver's PDL and bodily injury coverage, if carried | Many Florida drivers carry no bodily injury coverage |
| Rideshare accident (Uber or Lyft) | The rideshare company's policy, often $1 million, while the app is active with a rider | Coverage tier depends on whether the driver was logged in, waiting for a match, or transporting a passenger |
| Commercial truck or agricultural vehicle accident | The company's commercial liability policy, often with higher limits | Multiple parties, such as an owner and a driver, shares liability |
| Hit-and-run accident | The injured driver's own uninsured motorist coverage | Identifying the driver later can change how the claim proceeds |
| Drunk or impaired driving accident | The at-fault driver's policy, with a possible claim for additional damages | A pending criminal case may run alongside the civil claim |
The type of accident narrows down which policy to pursue first, though a Miami-Dade car accident claim sometimes ends up drawing from more than one source at once.
Why Rideshare and Commercial Claims Often Move Slower
A rideshare company or a trucking company generally has its own insurance adjuster and legal team reviewing a claim, which extends the timeline compared to a standard two-driver crash. Confirming which policy tier applies, especially in a rideshare case, often becomes the first step in these claims.
How Long Do You Have to File a Car Accident Claim in Florida?
Florida law generally gives an injured person 2 years from the date of a car accident to file a lawsuit under the state's negligence statute of limitations. PIP claims for medical bills and lost wages generally follow a separate, faster timeline tied to submitting bills to the insurer.
A car accident claim against a government vehicle, such as a county bus or a police cruiser, involves a separate notice requirement under Florida's sovereign immunity rules, shorter than the standard 2-year deadline.
Why the PIP Deadline and the Lawsuit Deadline Run Differently
PIP benefits generally require submitting medical bills to the insurer within strict timeframes set by the policy, separate from the 2-year window to file a lawsuit over the underlying injury.
Missing the PIP submission deadline limits what the no-fault policy covers, even while the lawsuit deadline is still open.
A call to (305) 670-7050 sorts out which deadline applies to your specific Miami-Dade crash before either one gets closer.
What If You Were Partly at Fault for the Crash?
Florida follows a modified comparative negligence rule under Florida Statute 768.81, which reduces compensation by an injured driver's percentage of fault. A driver found more than 50 percent responsible for causing the crash is barred from recovering damages under current Florida law.
A few recurring arguments show up when a Miami-Dade insurer tries to shift fault onto an injured driver.
- Adjusters point to lane position at the moment of impact, especially in a multi-lane intersection.
- Adjusters argue that following distance played a role, even when the lead driver stopped suddenly.
- Adjusters question right of way at an unmarked intersection or a four-way stop.
- Adjusters cite weather conditions, such as a sudden afternoon rainstorm common in South Florida.
- Adjusters rely on speed estimates based on vehicle damage rather than a recorded reading.
Dashcam footage, witness statements, and the official police report often carry more weight against these arguments than a recollection formed after the crash.
What Do You Do After a Car Accident Once You're Home and Safe?
Getting medical care within the first two weeks and organizing paperwork protects both your health and a future Miami-Dade car accident claim. These steps apply once you are home and stable, after any emergency treatment is finished.
- See a doctor within 14 days of the crash, since Florida's PIP law generally requires initial treatment within that window to preserve those benefits.
- Keep a copy of the police report and the other driver's insurance information.
- Photograph vehicle damage, the accident scene, and any visible injuries before repairs begin.
- Track missed workdays and any change in job duties tied to the injury.
- Avoid giving a recorded statement to any insurance company before discussing the claim with a lawyer.
Missing the 14-day treatment window under Florida's PIP law tends to cost a claimant more than almost any other early mistake after a Miami-Dade car accident.
What Might a Car Accident Claim Be Worth in Miami-Dade?
A car accident claim's value in Miami-Dade depends on the severity of the injury, available insurance coverage, and how clearly the evidence points to fault. An injured driver could be entitled to compensation once negligence is proven, though Florida law does not guarantee a specific dollar amount.
- The extent of vehicle damage and repair cost often reflects the force involved in the crash.
- The severity and permanency of the injury shapes the claim's value, including whether it requires ongoing treatment.
- Lost wages from missed work, plus any reduction in future earning capacity, factor into the claim's value.
- How quickly PIP benefits get exhausted affects how much a claim depends on other coverage.
- The total insurance coverage available across every policy tied to the crash limits what a claim can ultimately recover.
A claim documented early, with consistent medical treatment and a clear paper trail, tends to reflect the true cost of a Miami-Dade car accident more accurately than one built after coverage runs out.
What Does It Cost to Hire a Car Accident Lawyer in Miami-Dade?
Hiring a car accident lawyer at Berger & Hicks costs nothing upfront, since the firm handles these cases on a contingency fee basis. Legal fees come out of a settlement or verdict, not out of pocket, and a free case review carries no obligation.
What a Free Case Review Covers for a Car Accident Claim
A free case review with Berger & Hicks covers which insurance policies apply, including PIP, UM, coverage, and any commercial or rideshare policy tied to the crash. No paperwork or commitment follows that call unless moving forward makes sense for you.
Ask Berger & Hicks About Car Accident Claims in Miami-Dade
What if the police report doesn't assign fault to either driver?
A police report without a clear fault finding does not end a car accident claim, since Florida law decides fault through evidence, not the report alone. Witness statements, traffic camera footage, and vehicle damage patterns still establish which driver caused the crash.
Do I have a claim if I was a passenger in the car that caused the accident?
A passenger injured in a car accident generally has a claim against the driver of that vehicle, even when that driver is a friend or family member, since the driver's insurance covers passenger injuries. The claim also extends to another driver if more than one vehicle contributed to the crash.
What happens if the at-fault driver was driving a rental car in Miami-Dade?
Rental cars carry their own insurance policy, and Florida law limits how much a rental company itself has to pay beyond that policy in most situations. The driver's personal insurance also applies on top of the rental company's coverage.
Do I still have a claim if I already reported the accident to my own insurance company?
Reporting a car accident to your own insurer does not close out a claim against the at-fault driver, since these are separate processes. Statements made to your own insurer still gets reviewed by the at-fault driver's insurer later, so keeping those statements accurate matters.
How long does a car accident case in Miami-Dade generally take to resolve?
Most car accident cases resolve within several months to about two years, depending on how long medical treatment lasts and whether the insurer negotiates in good faith. A case involving a commercial or rideshare policy sometimes takes longer because more than one insurer gets involved.
Do I need a lawyer for a minor car accident with only vehicle damage?
A car accident with only vehicle damage may not need a lawyer if both drivers carry adequate insurance and no injury or fault dispute exists. Adding a lawyer becomes more useful once an injury, a coverage dispute, or a fault disagreement enters the picture.
What if I was hit by a driver from out of state while visiting Miami-Dade?
An out-of-state driver who causes a car accident in Miami-Dade generally remains subject to Florida's insurance and liability rules for that crash. Pursuing a claim across state lines can take extra coordination but does not prevent the claim from moving forward.
Do I have a claim if the accident happened on Florida's Turnpike or another toll road?
Yes, a car accident on Florida's Turnpike or another toll road follows the same liability and insurance rules as a crash on any other Miami-Dade roadway. Toll road cameras provide useful evidence of the crash if available.
What if my car accident involved a delivery vehicle or company car?
A car accident involving a delivery vehicle or a company car brings the employer's commercial insurance into the claim, in addition to the driver's own policy. Employer liability generally depends on whether the driver was working within the scope of the job at the time of the crash.
Take Action on a Miami-Dade Car Accident Claim Before Coverage Runs Out
Insurance policies do not wait for an injured driver to feel ready to deal with paperwork, and PIP benefits in particular run out faster than most people expect.
Berger & Hicks reviews Miami-Dade car accident claims directly with Martin Berger or Zachary Hicks, checking every policy that apply before a gap in coverage becomes permanent.
Call (305) 670-7050 to find out which insurance policies are actually in play and how much time remains to use them.