Insurance companies spend a lot of energy pointing to photos of undamaged bumpers. It is a compelling visual argument. But it is not a medical one.

Modern vehicle bumpers are engineered to spring back after low-speed impacts. Your cervical spine, lower back, and shoulders are not. The same collision that leaves a car looking untouched can still transmit significant force through your body, especially if you were stopped or braking and did not see it coming.

After crashes that get labeled “minor,” people commonly develop neck pain and whiplash, lower back pain that worsens over the first several days, shoulder pain or limited range of motion, numbness or tingling in the arms or hands, headaches that do not resolve, concussion symptoms including difficulty concentrating or sleeping, and muscle spasms and stiffness.

Many of these symptoms do not appear at the scene. They surface two or three days later, after the adrenaline fades. By then, if you have already told the insurance adjuster you felt fine, they have a record of it.

In many rear-end crashes, the rear driver is often found at fault because drivers are expected to maintain a safe following distance and stay alert.

But “often” isn’t “always.” Fault can shift or be shared when there’s evidence of:

• a sudden, unreasonable stop
• brake-checking or aggressive driving
• broken brake lights
• an unsafe lane change right before impact
• a chain-reaction crash where a middle car gets pushed into the car in front

Florida uses a form of comparative negligence, which means insurers may argue you share fault so they can reduce what they pay. That’s exactly why evidence matters.

Right now, in a federal courtroom in Miami, legal experts are witnessing what they’re calling a watershed moment for automotive liability. A lawsuit against Tesla over a fatal 2019 crash in Key Largo that killed 22-year-old Naibel Benavides Leon is the first wrongful death case involving Tesla’s Autopilot system brought by third-party victims—not the Tesla driver or their family.

The case involves a Tesla Model S that, while operating on Autopilot, plowed through a T-intersection and struck a parked SUV where two people were stargazing. Benavides Leon died and her boyfriend Dillon Angulo was gravely injured. The Tesla driver admitted he was reaching for a dropped cell phone at the time of impact.

What makes this case particularly significant for Florida drivers is the central question: When technology fails, who bears responsibility?

The statute of limitations sets the deadline for filing a lawsuit in Florida. Missing the deadline can bar you from pursuing compensation, regardless if your case has merit or not. The recent legislative change is outlined in House Bill 837, which was signed into law on March 24, 2023.

Under the revised law:

• Previous Statute: Victims had four years to file a negligence claim under Florida Statutes § 95.11(3)(a).
• Current Statute: Victims now have two years to file a negligence claim, as amended by HB 837.

This change applies to all negligence causes of action accruing after the law’s effective date. It’s essential to consult with an attorney promptly to ensure you don’t miss this critical deadline.

Tragedy Strikes at Altamonte Springs: The lawsuit centers around the tragic death of Amber Bardwell-Kitrell, who passed away at the Altamonte Springs Hotel & Suites under circumstances that have brought the hotel’s safety and security measures into question. On a day marked by sorrow and remembrance, Amber’s mother, Joy Bardwell-Kittrell, expressed her devastating loss and determination for accountability, stating, “The people that own this place need to be held accountable.” This lawsuit stems from the heartbreaking reality that Amber’s life was cut short, a tragedy her mother believes could have been prevented with proper oversight and safety protocols in place.

The Allegations Unfold: According to the lawsuit filed by Snedaker Law, alongside The Haba Law Firm, the Altamonte Springs Hotel & Suites is accused of creating an environment that “encouraged, enabled, and promoted criminal activity.” This claim is backed by police records indicating that officers were called out to the hotel approximately 650 times the year Amber died, highlighting a persistent issue of drug deals, prostitution, and other crimes plaguing the premises.

1. Rideshare Driver at Fault

   • Driver’s Negligence: If your Uber or Lyft driver’s negligence, such as speeding, distracted driving, or violating traffic laws, led to the accident, they can be held responsible.
   • Claim Against Driver’s Insurance: In such cases, you can file a claim against the rideshare driver’s personal insurance. Additionally, most rideshare companies have contingent liability coverage, which may apply depending on the driver’s status in the app at the time of the accident.

2. Another Driver at Fault

   • Third-Party Responsibility: Often, rideshare accidents involve other drivers who may be at fault. This includes scenarios where another vehicle collides with the rideshare car.
   • Claim Against Third-Party Insurance: You would typically file a claim against the at-fault driver’s insurance. This process involves proving that the other driver’s actions were the primary cause of the accident.

3. Rideshare Company Liability

   • Company Policies and Actions: There are instances where the rideshare company itself could be held liable. This could be due to inadequate driver screening, poor vehicle maintenance policies, or other factors that contribute to the accident.
   • Suing the Rideshare Company: Filing a claim against a rideshare company like Uber or Lyft can be challenging, as they often classify drivers as independent contractors. However, under certain circumstances, such as a proven flaw in company policies or practices, the company could be liable.

Hurricanes can cause extensive damage to your property, and it’s essential to understand that different types of damage may be covered separately by insurance policies. Here’s what you need to know:

1. Structural Damage: High winds can compromise the integrity of your home, causing roof damage, broken windows, and more. Standard homeowner’s insurance often covers this, but it’s vital to check your policy for specific inclusions and exclusions.

2. Water Damage: Flooding, a major concern during hurricanes, can lead to mold, electrical hazards, and ruined possessions. It’s important to note that flood damage is typically not covered under standard homeowner’s insurance policies. Separate flood insurance is often required to protect against this type of damage.

3. Wind Damage: This includes damage caused by hurricane-force winds, such as falling tree limbs that can harm your property or vehicle. Some insurance policies treat wind damage separately, and in certain coastal areas, you may need a specific windstorm insurance policy to ensure coverage.

Understanding Your Coverage

Each type of damage – structural, water, and wind – can have a significant impact on your property, and it’s crucial to have adequate coverage for each. Many homeowners are unaware that standard insurance policies might not cover all types of hurricane-related damage. For instance, while wind damage might be included in a standard policy, flood damage often requires additional coverage.

Florida is a “no-fault” state when it comes to car accidents. This means that all drivers are required to carry Personal Injury Protection (PIP) insurance that will cover the cost of any accident, no matter who is determined to be at fault. 

What does this mean for you? If you’re badly hurt and have to pay multiple medical bills, there may not be any coverage left for lost income. In addition, if your lost wages and medical bills exceed the $10,000 PIP limit, you may need to seek additional compensation through other means, such as filing a claim with the other driver’s insurance company or pursuing a personal injury lawsuit.

With this in mind, you should first turn to your insurance provider for coverage of any lost wages. However, it’s important to note that Florida law limits the amount of compensation you can receive for lost wages and income through PIP insurance. Specifically, insurance is only responsible for 80% of medical bills and 60% of lost income – up to a maximum total of $10,000.

Thankfully, you may have other options to get the full compensation you deserve. For example, if another driver was responsible for the accident, you can file a claim with their insurance company for your lost wages. If this is still insufficient, you can seek further action through personal injury lawsuits.

It’s also important to note that Florida follows a “pure comparative fault” system when it comes to personal injury claims. This means that if you were partially at fault for the car accident, your compensation for lost wages and other damages may be reduced by the percentage of fault assigned to you. For example, if you were found to be 25% at fault for the accident, your compensation for lost wages and income would be reduced by 25%.

Navigating the legal system in Florida can be complex and confusing, especially if you’re dealing with the aftermath of a car accident. That’s why it’s important to work with an experienced car accident lawyer who can help you understand your rights, navigate the claims process, and fight for the compensation you deserve.

In most cases, yes: your insurance company will be responsible for fixing or replacing your car after an accident. 

Your policy will determine the exact coverage you’re eligible for. For this reason, it’s important to notify your insurance company immediately after an accident – and then contact a lawyer who can work on your behalf to ensure you receive the full compensation you’re entitled to. 

Remember that insurance companies are not your friend. Their primary concerns are limiting their liability and keeping payouts as low as possible. An experienced accident attorney will fight for your rights. 

While your car is being repaired, you are usually entitled to a rental car. Most insurance policies allow for approximately 30 days of rentals, or until your car is back on the road. For more information, visit our page on getting a rental car after an accident.

There are a wide variety of laws you’ll need to be aware of when you’re involved in a car accident in Florida, including: 

• The no-fault system, which means each party turns to their own insurance provider for coverage (with exceptions for when damages exceed coverage) 
• The comparative fault system, which states that you can claim costs related to your portion of fault in the accident 
• The 14-day PIP rule, which requires you to seek medical attention within two weeks of any automobile incident 

Navigating these laws and regulations is difficult for the average person who has limited experience working with them. An experienced lawyer will be able to keep everything running smoothly and argue for the best possible settlement for your unique situation.