To file a car accident claim, you find the other driver's insurance company on the crash report, call to set up the claim, and work with the bodily injury and property damage adjusters it assigns, expecting the first offer to be a lowball. Jon Eberst of The Eberst Law Firm, P.A. sits down with Carl to cover Florida PIP and bodily injury coverage, the 50% fault bar, recorded statements, treatment gaps, and proving fault when liability is denied. Questions answered in this episode: What happens if you're more than 50% at fault in Florida? How does Florida PIP pay your medical bills if you caused the crash? Who pays when you injure another driver in Florida? Who can require a recorded statement after a car accident? How do you file a car accident claim? How do you prove the other driver was at fault? Topics covered: Florida personal injury protection (PIP), the $10,000 PIP minimum paid at 80%, collision coverage, bodily injury liability coverage, umbrella coverage, Florida's 2023 bar on recovery above 50% fault, modified comparative negligence, third-party and first-party recorded statements, social media posts, lack-of-causation arguments, treatment gaps, short-form and long-form crash reports, bodily injury and property damage adjusters, lowball initial offers, cervical and lumbar spine injuries, disc herniations, whiplash, depositions, and points of impact. Jon Eberst on Florida's 2023 fault change: "So in Florida, it's important to identify the at-fault party, because our law changed in 2023 where if you're determined to be more than 50% at fault for a crash, you may be barred from recovery completely." Jon Eberst on recorded statements: "A lot of times, the at-fault party's insurance company will ask for a recorded statement. Again, you do not have to give one to them." Jon Eberst on first offers: "Often you'll find that the insurance company's initial offer is very, very much a lowball offer." The Eberst Law Firm, P.A. handles Florida car accident cases from offices in Stuart, Gainesville, and Daytona Beach, available 24 hours a day, seven days a week at 888-CALL-JON. Free consultation: https://eberstlaw.com Phone: (772) 225-4900 Office: Stuart, FL Recorded: September 2026 #FloridaPIP #BodilyInjuryCoverage #RecordedStatement #TreatmentGap #FloridaCarAccident #CarAccidentClaim Recorded September 2026. This episode is general information, not legal advice. Laws change frequently and vary by state, so this discussion may no longer be current when you view or listen and may not apply in your jurisdiction. Viewing or listening does not create an attorney-client relationship. For guidance on your specific situation, consult a licensed attorney in your state. Chapters 00:00:00 Welcome back to The Eberst Advantage: Florida Accident & Injury Law w. Jon Eberst 00:00:27 What Should You Do Right After a Car Accident to Prove Fault? 00:01:21 What Happens If You're More Than 50% at Fault in Florida? 00:01:47 How Does Florida's $10,000 PIP Coverage Work If You Caused the Crash? 00:02:20 How Does Florida Bodily Injury Coverage Protect You If You Hurt Someone? 00:03:00 How Much Car Insurance Do You Need to Protect Your Assets? 00:03:32 When Should You Call a Lawyer After a Florida Car Crash? 00:04:21 How Do You Reach the Eberst Law Firm in Florida? 888-CALL-JON 00:04:50 What Are the Most Common Mistakes After a Florida Car Accident? 00:05:16 Who Is Entitled to Your Recorded Statement After a Car Accident? 00:05:43 Why Does Waiting to See a Doctor Invite a Causation Argument? 00:06:41 How Soon Should You See a Doctor to Avoid a Treatment Gap? 00:07:09 How Do You File a Car Accident Claim With the Other Driver's Insurer? 00:08:10 What Are Common Car Accident Injuries? Whiplash and Disc Herniations 00:08:54 What Happens When the Insurer Denies Liability? A Gainesville Case 00:10:28 How Do Depositions and Crash Evidence Prove the Other Driver's Fault?
