FAQ

Do I have a case?

If someone else’s negligence caused your injury, you likely have a case. The key factors we look at are liability (who was at fault), the severity of your injuries, and available insurance coverage. Even if you think the accident was partly your fault, Florida’s modified comparative negligence law still allows you to recover damages as long as you were less than 51% responsible. Every situation is different, which is why we offer free consultations. Our team at Gerber Law Group has been evaluating personal injury cases since 2001, and we’ll give you an honest assessment of where you stand.

What is my case worth?

There’s no honest way to give you a number without reviewing the specifics. Your case value depends on the severity of your injuries, your medical expenses, lost wages, how the injury affects your daily life, and the available insurance coverage. We also factor in future medical needs and any long-term impact on your ability to work. What we can tell you is that we fight to maximize every case we take. After more than two decades handling personal injury claims in Sarasota and Venice, our team knows how to build a case that reflects the full extent of what you’ve been through.

How long will it take?

Timelines vary depending on the complexity of your case. Straightforward claims with clear liability and minor injuries can settle in a few months. More serious cases involving ongoing treatment, disputed fault, or large policy limits can take a year or longer, especially if we need to file a lawsuit. We never rush a settlement just to close a file. Our priority is making sure you’ve reached maximum medical improvement so we know the true value of your claim. Keep in mind that Florida’s statute of limitations gives you two years from the date of the accident to file suit.

How do I pay you (the attorney)?

You don’t pay us anything upfront. We work on a contingency fee basis, which means our fee comes as a percentage of your settlement or verdict. If we don’t recover money for you, you don’t owe us a dime. This is how we’ve operated since 2001 because we believe everyone deserves quality legal representation regardless of their financial situation. During your free consultation, we’ll explain exactly how the fee structure works so there are no surprises. Our goal is to remove the financial barrier so you can focus on recovering from your injuries.

Can you represent me if the accident happened in Florida but I live elsewhere?

Absolutely. What matters is where the accident occurred, not where you live. If your accident happened in Florida, Florida law applies and the case is handled here. We regularly represent out-of-state visitors, seasonal residents, and tourists who were injured in the Sarasota and Venice areas. Our team handles everything so you don’t need to travel back and forth. Consultations, updates, and most proceedings can be managed remotely. We’ve been serving clients in this community since 2001, and we know the local courts and insurance landscape thoroughly. Give us a call at 941-484-2700 to get started.

Who’s going to pay for my property damage (my car repairs or vehicle itself if totaled)?

The at-fault driver’s property damage liability insurance should cover your vehicle repairs or replacement. If they don’t have enough coverage, your own collision coverage steps in. If your car is totaled, the insurance company pays the fair market value, not what you owe on it. We often see insurers lowball these valuations, so don’t accept the first offer without understanding what your vehicle is actually worth. If there’s a gap between what you owe and what they’re offering, we can help you navigate that. Call us at 941-484-2700 to discuss your situation.

Who’s going to pay my medical bills?

In Florida, your own Personal Injury Protection (PIP) insurance covers up to $10,000 in medical bills regardless of who caused the accident. That’s the first layer. Beyond PIP, your health insurance may cover additional treatment. Ultimately, we pursue the at-fault party’s insurance to recover all your medical expenses as part of your injury claim. One critical thing to remember: you must seek medical attention within 14 days of your accident to qualify for PIP benefits. If you’ve been injured, don’t wait. Get treatment first, then call our team so we can make sure every bill is accounted for.

Will my insurance rates go up if I was not at fault but file a claim?

This is one of the most common concerns we hear, and it’s understandable. Florida law prohibits insurers from raising your rates solely because you filed a claim when you weren’t at fault. That said, insurance companies aren’t always straightforward, and rate increases can happen for other reasons they bundle together. Filing your PIP claim is your right and something you’ve been paying premiums for. Don’t let fear of a rate increase stop you from getting the benefits you’re entitled to. If you’re concerned about how a claim might affect your policy, we’re happy to walk you through what to expect.

Why does my insurance company have to pay for some of my medical bills?

Florida is a no-fault state, which means your own PIP coverage pays for your initial medical expenses regardless of who caused the accident. Every Florida driver is required to carry PIP insurance, which covers up to $10,000 in medical bills and 60% of lost wages. The idea behind the system is to get injured people treated quickly without waiting to determine fault. PIP kicks in immediately so you can see doctors right away. Once your PIP is exhausted, we pursue the at-fault driver’s insurance for the remaining costs. It may feel backward, but that’s how Florida’s insurance system is designed.

Why does my insurance company have to pay for my property damage?

When the at-fault driver doesn’t carry enough property damage coverage to pay for your vehicle repairs or replacement, your own collision coverage fills the gap. Florida only requires drivers to carry $10,000 in property damage liability, which often isn’t enough to cover a totaled vehicle. If you have collision coverage, your insurer pays for your repairs minus your deductible, then goes after the at-fault driver’s insurance to get reimbursed. We can also pursue the at-fault driver personally for amounts their insurance doesn’t cover. It’s frustrating, but your own policy exists to protect you in exactly these situations.

Why do I have to use my UM if the at-fault driver doesn’t have bodily injury insurance?

Because Florida doesn’t require drivers to carry bodily injury liability coverage, many don’t. That means the driver who hit you may have zero insurance to cover your injuries. This is exactly why Uninsured/Underinsured Motorist (UM) coverage exists on your own policy. UM steps in to cover your medical bills, lost wages, and pain and suffering when the at-fault driver can’t. It’s your own policy paying for someone else’s negligence, which feels wrong, but it may be your best path to fair compensation. This is also why we strongly recommend every Florida driver carry UM coverage.

Why is it okay to drive on Florida roads without bodily injury coverage?

It’s a fair question, and frankly, many attorneys wish the law were different. Florida only requires drivers to carry PIP ($10,000 medical) and property damage liability ($10,000). Bodily injury liability coverage is not mandatory. The original idea behind the no-fault system was that PIP would handle medical costs quickly without litigation. In practice, $10,000 in PIP barely covers an emergency room visit, and drivers without bodily injury coverage leave victims with few options. This is a significant gap in Florida’s insurance laws and the main reason we urge everyone to carry UM coverage to protect themselves.

What happens if I was hit by an Uber/Lyft driver?

Rideshare accidents involve multiple layers of insurance depending on what the driver was doing at the time. If the Uber or Lyft driver was actively carrying a passenger or en route to pick one up, the company’s $1 million liability policy applies to your claim. If the driver was logged into the app but waiting for a ride request, a smaller contingent policy applies. If the app was off, only the driver’s personal insurance covers you. These cases can get complicated quickly because Uber and Lyft aggressively try to minimize their exposure. Our team knows how to navigate these claims and identify the right coverage.

What happens if I was in an Uber/Lyft during the accident?

As a passenger, you’re in a strong position because you clearly weren’t at fault. Uber and Lyft both carry $1 million liability policies that cover passengers during active rides. You may have a claim against the rideshare company’s policy, the other driver’s insurance, or both, depending on who caused the accident. Your own PIP coverage also applies to your initial medical bills. These cases require sorting through multiple insurance policies to maximize your recovery, which is exactly what our team does. We’ve been handling complex injury claims since 2001 and can guide you through the process from start to finish.