Auto accident/minor injuries/settle?

[1tm315]

I live in FL, My wife and children were involved in an accident yesterday. The other driver hit our car at an
intersection. He was ticketed for "failure to yield".
My wife and children sustained mild injuries reqiuring
some pain medication and muscle relaxers. Both parties
involved: (My wife and the other driver)have the same insurance co. Is there anything special I should know concerning this situation? Is the insurance co. going to have my best interest involved in their decision making process considering both parties are insured through them?
What rights do I have in regards to settlement? Do I have to sign a release before they will settle, or can I still receive a settlement without signing a release?
Any help would be greatly appreciated.
PS> my car was totaled,it is a 95 model with high miles but in good shape,what kind of settlement would be fair?

 

[Juan Rodriguez]

Florida is a no-fault state, which means you must file a PIP claim with your carrier under your policy. In order to recover for Bodily Injury you must meet one of the following criteria if the injury results in:

1.) Significant and permanent loss of a bodily function, or

2.) Permanent injury within a reasonable degree of medical probability, other than scarring and disfigurement, or

3.) Significant and permanent scarring or disfigurement, or

4.) Death.

If you do not meet any of these then you can only recover your out of pocket expenses. Since PIP covers only 80% of your meds then you can recover the 20% and any PIP deductable you may have. Under the law a doctor's report stating that you have a permanent injury and a %. the higher the % the more you can recover.

As far as the claims handling is concerned it would be best if they have different adjusters handling the PIP and PD claims.