Car repairs, medical care, and ongoing ailments may add up quickly, even after a small crash. The trauma and financial burden of a vehicle accident may rapidly become insurmountable. If you’ve been in an auto accident, you may find yourself alone and unable to handle the aftermath without the assistance of a car accident attorney in Florida.
The good news is that you don’t have to face this difficulty alone. You can rely on our personal injury attorneys at Viles and Beckman for legal representation.
Florida Insurance Requirements
Insurance coverage for your vehicle is a legal requirement for all Florida drivers. The state mandates that drivers carry at least $10,000 in property damage liability and $10,000 in personal injury protection (PIP).
Personal injury protection (PIP) pays for medical bills and lost income that isn’t tied to a car accident or other property damage. Contact your insurance company immediately if you’ve been in a car accident.
If you are unsure if the claim amount will cover your injuries and property damage, you must consult a car accident lawyer in Florida for better clarity. In a “no-fault” state like Florida, the policyholder’s insurer covers medical bills and lost wages regardless of who caused the accident.
For a free legal consultation with a car accidents lawyer serving Florida, call (239) 334-3933
Florida’s No-Fault Insurance System
Florida pays out on auto accident claims no matter who was at fault. PIP insurance coverage covers medical costs and lost wages. For financial compensation, drivers should verify with their insurance providers. This differs from the negligent driver’s insurance provider.
Personal injury protection will only cover accident-related medical costs and lost income at 80% and 60%, respectively. The insured person must additionally pay the deductible. Therefore, a person struck by another car and sustains $2,000 in medical costs and $3,000 in lost income will only get a total of $2,400 from their own insurance company if they had $10,000 in personal injury protection policy with a $1,000 deductible.
Because the driver is still responsible for the $1,000 deductible after incurring $3,400 in total costs (80% of $2,000 in medical bills = $1,600, and 60% of $2,000 in lost income = $1,800), it bans you from suing the negligent driver if your losses are less than $10,000. You did not sustain any lasting disabilities.
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Exceptions to No-Fault Insurance Process
Florida’s no-fault insurance system is not without its restrictions. Florida law specifies the following injuries as constituting this category:
- Experiencing a severe and irreversible decline in an essential physical function
- Disfigurement and scars do not count as permanent injuries for this purpose.
- A severe and irreversible disfigurement
An injured driver may sue the at-fault driver for the remainder of medical bills and lost wages that PIP doesn’t pay. The careless driver’s motor insurance might be sued, too, to pay for your damages.
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Determining Fault in a Florida Accident Case
It may be required to identify blame if the damages go beyond what is covered under PIP. A fault may be determined by insurance adjusters, judges, or juries, depending on the facts presented. It would help if you had the following to prove fault in a Florida accident case:
- Statements from Eyewitnesses
- Reports of the police
- Media documenting the crash site
- Vehicle damage
- The cars have sustained damage, according to reports.
- Medical treatment records
Florida follows pure comparative fault rules when determining fault.
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Pure Comparative Fault Rules in FL
In Florida, even if both of the drivers are found to be at fault for an accident, you could still be able to file an insurance claim. The “pure comparative fault” method is used when the claimant is to blame for the accident that produced their injuries.
The amount awarded as economic and noneconomic damages for an injury due to the claimant’s contributory fault does not prohibit recovery. If you are found to be 70% at blame for an accident that results in $10,000 in losses, you are still eligible to sue for 30% of the damages ($3,000).
What Damages Can You Claim After a Car Accident in Florida?
If your Florida car accident lawyer and the insurance company cannot resolve your claim, it could be necessary to take your injury case to trial. However, before the lawsuit is settled, charges related to your occurrence can go up. A personal injury lawsuit may allow for the recovery of either economic or non-economic damages.
Economic damages include:
- Costs associated with healthcare, now and in the future
- income loss
- Potential for future income loss
- damages for wrongful death (fatalities)
- Collision with another car or other object
Non-economic damages include:
- Agony and distress
- Trauma to the psyche caused by the event
- Separation anxiety
- Costs associated with punishment
Statute of Limitations for Florida Car Accident Case
Suppose you were injured as a consequence of an incident where the other person was driving while impaired by drugs or alcohol or was irresponsible in any other manner. In that case, you have up to two years from the accident date to file a claim.
The time limit for filing a claim for injuries caused by a government organization, such as a municipal bus company, is 90 days after the incident. Even if the full extent of the damage was not apparent immediately after the occurrence, there is a two-year gap from when an injury is discovered due to an accident.
Get Legal Representation from a Florida Car Accident Attorney
Our car accident lawyers at Viles and Beckman assist Floridian drivers injured in collisions. When representing clients in personal injury cases in Florida, no one does more than Viles & Beckman.
Our goal is to get the highest possible settlements for our clients and ensure they are treated fairly. As longtime champions for the people of Southwest Florida, we’ve amassed a wealth of legal knowledge and honed several successful methods.
We are your legal company if you or a loved one has been injured in Florida. Call us today for a free consultation and speak with a car accident attorney in Florida.
Call or text (239) 334-3933 or complete a Free Case Evaluation form