Have you or a loved one been involved in a car accident in Florida? As you get ready to pursue your case, it’s important to have a basic understanding of car accident laws.
Here’s what you need to know:
If you’re involved in a car accident on a Florida road, you’re required to stay at the scene and exchange contact information with all parties involved. You can use this time to document evidence and speak to witnesses, if possible. Other drivers are required to stop and assist with the injured, if any.
Take any photos or videos and submit them with a detailed report to your insurance company, in accordance with your report requirements. Your report should only contain the facts of what happened: don’t admit to fault OR blame the other driver. Leave that for the insurance company and your lawyer to figure out in the future.
Note that for PIP claims, you have 14 days to seek medical care after a car accident. Learn more about Florida’s 14-day PIP Rule.
All drivers in Florida are required to have insurance and carry proof of it in their vehicle. Your coverage needs to be a minimum of $10,000 for personal injury and $10,000 for property damage liability.
Insurance coverage is so important because Florida is a ‘no fault’ state. This means each party will have the accident covered by their own insurance provider, no matter who was at fault. The goal of this process is to make coverage more accessible, as drivers are able to get compensation without the need to file a lawsuit.
If your insurance doesn’t fully cover the costs you need to recover or repair your vehicle, you can then pursue a personal injury lawsuit to get the full compensation you deserve.
As noted above, one exception to the no fault laws is if you have permanent injuries that are likely to result in a consistent need for medical care, lost wages, or future pain and suffering. In this case, you can turn to a personal injury lawsuit to sue the driver who caused your injuries.
Other exceptions are if the other party is an uninsured driver — if they are at-fault, you may wish to pursue a personal injury lawsuit — or if the accident happened in another state that does not have no fault laws. In this case, you should contact your insurer and your lawyer for advice on the best way to proceed.
Pure Comparative Fault System
If you do decide to pursue a personal injury lawsuit, you’ll need to know about the pure comparative fault system. This law states that the more at fault you are for an accident, the less you can recover… but fault does NOT bar you from making a claim altogether!
For example, if you’re determined to be 60% at fault for an accident that caused $10,000 in damages, you’re still entitled to sue for $4,000 of those costs.
Getting the compensation you deserve for your car accident can be tough. Insurance companies are not your friend, which means you need a tough negotiator on your side.
Snedaker Law is well-versed in Florida car accident laws. We’ve worked with hundreds of victims to maximize their personal injury settlements and get them back on the road to a normal life.
Don’t leave your future to chance. If you’ve been involved in a car accident in Florida, contact Snedaker Law today.