Can I Make a Car Accident Claim Even If I Get the Ticket?

Dear Miami Car Accident Lawyer:

At two o’clock this morning I got into a car accident in South Miami– at an intersection just off of US1. For some reason, the cop gave me the ticket, even though I told him my light was green. My car was totaled and now I am having a lot of neck and back pain. I don’t want to rack up a ton of medical expenses by going to one of those cheesy pain clinics that advertise on billboards.

My friend told me that since I got the ticket, I could not make a personal injury claim- even if I wanted to. Need your help.

Thank you,

Ticketed at Two AM

Dear Ticketed at Two AM:

I am sorry you were involved in this Miami traffic accident, but I am glad you contacted us. First and more important than your ticket and the potential car accident claim is to get your neck and back examined by a competent doctor. Given that your accident happened just last night- I would strongly recommend that you are seen at your nearest emergency room. I recommend Doctor’s Hospital in Coral Gables as they have an excellent ER and many of the best orthopedic surgeons in town. Hospitals are excellent places to get fast and sophisticated diagnostic testing like X-rays, MRIs, CT, and Pet Scans.

Once you are discharged, they will make recommendations on who, where and when you should follow up such as an orthopedic surgeon, neurologist, pain management specialist or physical therapist. Or some combination of all these specialists.

And don’t worry about paying your hospital bill, provided you have valid PIP (Personal Injury Protection) insurance–your visit to the ER should be covered after you meet your deductible if any and generally up to $10,000. You might also have some coverage to pay for lost time from work and other damages regardless of who caused the accident.

Next, you should hire an experienced personal injury law firm in Miami to investigate the accident, as well as defend and ultimately get your ticket dismissed. The mere fact you were cited with a violation does not mean that you are guilty of anything.

Florida Statute §316.650 makes traffic citations like yours inadmissible under most circumstances. There are exceptions such as when they are used as evidence of fraud or perjury.

Evidence such as witnesses, skid marks and the property damage to the vehicles involved need to be carefully investigated and preserved. That means the sooner you can retain a lawyer- they sooner he or she can begin developing your case.

I hope this information is helpful. If you need to discuss further, I encourage you to contact our personal injury lawyers in Miami- toll-free 1-866-597- 4529 or local 305-441-0440 or by email a [email protected]. We are available 24/7 to assist you and see you at your home, office or at the hospital.

Thank you for your letter and we wish you a speedy recovery and best wishes in your pursuit of justice and car accident claim.


Spencer Aronfeld aka Miami Car Accident Lawyer
Board Certified Personal Injury Lawyer
Miami, Florida