How to report a car accident to Windhaven? | How to file a Windhaven car accident claim?
Windhaven and United Auto are, in my opinion, the most difficult Florida car insurance companies to deal with (whether they insure you or the other car involved in the accident).
If you are injured in a car accident that is not your fault, we suggest you speak to a Florida car accident lawyer before calling Windhaven. The reason being is that Windhaven will likely attempt to record the phone call and we don’t want you saying anything that will hurt your case.
For property damage claims, or Windhaven claims where you are directly at fault, you are still obligated to report it to Windhaven, if Windhaven is your auto insurance company.
⦁ How to report a car-accident claim to Windhaven by phone: Call 866-595-4080.
⦁ Windhaven does not have an online car insurance claims filing option, however you can email: claims@windhaveninsurance.com (but attorneys cannot use this for demand purposes or general correspondence).
⦁ You can also report a car accident to Windhaven by using their mobile app.
What to do after a car accident if I have Windhaven car insurance?
First and foremost should be concern for your safety and health. Don’t worry about contacting Windhaven just yet (we’ll get to that). If you can, pull over to the side of the road and out of traffic. Turn on your hazard lights and put out the reflective warning triangles or flares if at night.
Dial 9-1-1 to report the car accident. Let the 911 dispatcher know that an ambulance is needed (if anyone in your vehicle, or the other cars involved, needs immediate medical attention). If you go to the hospital, a police officer will find you to provide a case card or exchange of drivers information sheet. Please keep this in case you obtain a injury claim lawyer.
Don’t try to deal directly with the other driver (as plenty of at-fault drivers will suggest). Always call the police to report the accident and get a police case card or drivers exchange of information (a one page sheet of paper that will list names of drivers, vehicles, and insurance companies involved). This proves that the accident actually occurred and protects you in case the at-fault driver suddenly disappears or blocks your phone number!
Document your Injury Claim
While waiting for an ambulance or police to arrive, if able to do so, use your smartphone to take pictures of the damage to your car, any airbags that have deployed, and the other car(s) involved (including tag and property damage) in the car accident. If there are skid marks, tire tracks, ripped up grass, damage to railings, stop signs, signals, etc… take pics of those as well. Also photograph any cuts or bruising you may have sustained in the collision.
Next, write down the name and phone number of any witnesses (who were not in any of the vehicles involved in the accident) if a good samaritan was kind enough to stop to make sure everyone is OK.
What if I am in just a small amount of pain after a car accident involving Windhaven?
In low-speed car accidents, it is common to feel stiffness or a small amount of pain. We would then advise you to at least go to an Urgent Care the same day or the day after the car accident (if you can’t see your personal doctor that quickly).
Here’s why: you won’t feel, for several days or even weeks, the full extent of your injury. If you go to the ER or Urgent Care, your Windhaven PIP will take care of 80% of the medical bill and health insurance (if you have) will cover the remaining 20%. The at-fault driver or their insurance company (whether it is Windhaven or another car insurance carrier) will be responsible for any outstanding balance. If you make a 100% full recovery, you’re only out a bit of time and maybe a co-pay. Better safe than sorry. But, if your condition worsens or your recovery isn’t as fast as you had hoped, you will have documented the injury and increased the value of your car accident injury claim.
Beware of the question “were you injured?” Better to say you do not know. Because, the truth is, you really don’t know the extent of your injury. In the hours or days that follow your car accident, stiffness can become pain, small aches can increase in severity. New pains to different parts of the body may arise as the shock and adrenaline wear off. If this happens, you will be very happy you went to the ER or Urgent Care to get checked out because you will (a) receive medical attention which improves your recovery and, (b) at the same time, will have strengthened your case against the at-fault driver.
A general car accident injury claim rule of thumb: waiting a long period of time between the date of the actual car accident and first seeking medical attention, will result in lower settlement values. In Florida, if you wait longer than two weeks, your claim is likely to be close to valueless. We prefer clients to see a doctor the same day or within a few days of a car accident.
What to do after a car accident if the other driver has Windhaven car insurance?
Much of the above Windhaven car accident claim advice applies here: make your health the priority, call the police, seek medical attention, etc….
You will find that most injury claim lawyers wont want a case if Windhaven insures the at-fault party. This is because they either have zero bodily injury coverage or minimal amounts, and filing a lawsuit is almost always required to get fair value from Windhaven. If you do not have uninsured motorists coverage, you will likely find yourself frustrated with the Windhaven claims process and settlement if your injury doesn’t require immediate emergency-room attention. We are still happy to evaluate your case for free and if we can’t take it, we will likely know another law firm who will take a case against Windhaven.
The reason is, people often do serious damage to their Windhaven claim by talking to a Windhaven claims adjuster without consulting an car accident claims attorney first. I have also found that they often delay seeking medical treatment because they are unsure of their rights or how they are going to afford going to the ER, urgent care or seeing a doctor if they do not have health insurance.
Over the last several years, we have often taken on clients who did not understand that retaining an attorney early was essential. In too many of those cases, the client had actually weakened their claims by making certain statements to an insurance company or unnecessarily delaying medical treatment.
Remember, insurance companies are not your friend, insurance companies are not like a good neighbor, and they do not have your best interests in mind. Their goal to pay you as little as they can possibly justify.
Will you be able to get Windhaven to Pay for my Medical Bills?
A good injury claims attorney will advise you to not be concerned by a fear of medical bills that may be preventing you from seeking medical help. If Windhaven has bodily injury coverage, and the person who Windhaven insures is deemed at-fault, we can assure you that Windhaven will almost certainly cover your medical bills up to their policy limits in a personal injury settlement. Delaying needed medical help can both be detrimental to you (i.e. your physical recovery) and your eventual Windhaven injury claim monetary recovery (which includes medical bills, lost wages and pain and suffering). For those without health insurance, we also work with doctors all over Florida who will bill your PIP and then defer being paid until the end of the injury claim.
That being said, do not misinterpret this advice to make up an injury or needlessly seek the services of a doctor. The value of your case depends on liability (i.e. who was deemed partially or fully at fault) and the value of the damages that we can prove. An experienced injury lawyer will enhance the value of your claim by presenting evidence in the light most favorable to you. But, you can say your neck hurts all you want, however, if an MRI shows no neck injury, insurance will refuse to pay or pay a de minimus amount that wont be worth your time or your injury claims lawyer’s time. Windhaven is not in the business of just giving away money for frivolous insurance claims. You / we have the burden of proving to Windhaven that you were injured in the subject car accident.
Will Windhaven Pay for my lost wages / time I had to take off of work to go see doctors?
If Windhaven insures the driver or owner of the at-fault vehicle who caused your car accident, Windhaven will be obligated to pay for time you need to take off of work (even if you had paid vacation days, sick days or PTO) up to the value of their bodily injury policy.
For example, if Windhaven insures a driver who caused your accident with a minimal $10,000.00 bodily injury coverage, ten thousand dollars is the most Windhaven will ever have to pay for everything (medical bills, lost wages and pain and suffering). After Windhaven has tendered its bodily injury limits we will need to look for other bodily injury policies, if any. If none, we will look to your own uninsured motorists coverage.
Will Windhaven Pay for my Pain and Suffering?
Florida law only requires Windhaven will pay for your pain and suffering if you sustained a permanent impairment to any part of your body as a direct result of the subject auto accident. So, if you go to the doctor a few times and never again, you will likely not be able to receive any compensation for your pain and suffering. If this applies to you: congratulations! That’s OK. It just means you are healthy, and the injury was only temporary. This is good news and you are still entitled to receive the value of your lost wages and outstanding medical bills.
On the other hand, if you are assigned a permanent impairment rating, as low as 2%, which might be given for a bulging disk or ligament laxity (which may not be debilitating conditions) but nevertheless connected with the car accident, Windhaven will be obligated to pay for the pain and suffering that we are able to prove. Obviously the more serious and significant the injury, the higher the impairment rating, which results in larger values assigned to the pain and suffering portion of the car insurance claim.
What do I do if I am a passenger in a car being driven by someone who has Windhaven car insurance, and I have another auto insurance carrier?
We frequently get this question: why do I have to notify my own car insurance company if I wasn’t even driving the car? The answer is: because that is what Florida law requires. Your PIP / no-fault coverage follows you no matter what car you are in at the time of the accident. Your PIP must pay 80% of your medical bills up to $10,000.00, regardless of who was driving and regardless of who was at fault in causing the car accident.
The good news is that, when you are a passenger, you have four potential insurance policies to go after!
1. The insurance covering the driver of the other vehicle involved in the accident;
2. The insurance (whether it is Windhaven or another insurance carrier) covering the owner of the other vehicle involved in the accident (if the owner and driver have different insurance policies);
3. The insurance, whether its Windhaven, or any other car insurance policy, that covers the driver of the vehicle you were in at the time of the collision (unless the driver is a resident relative such as a spouse); and
4. Your own uninsured motorists coverage.
When you are a passenger, we know with virtual certainty that you were not at fault and we will explore all possible injury claims against all potential car insurance carriers to maximize the financial recovery you deserve.
Windhaven Car Accident Claims Resources
https://www.windhaveninsurance.com/claims/
https://www.windhaveninsurance.com/contact-us/
To discuss an existing Windhaven claim, you can call them at: 800-919-9114. Be prepared to wait a long time for a call back.
To file a consumer complaint with the Florida CFO’s office: call 877-693-5236 or click here:
https://apps.fldfs.com/eService/NewRequest.aspx