A car crash is likely to result in significant costs for those involved, and compensation may be available if you have suffered injuries or damaged property. Generally, filing a claim is meant to help cater to medical bills, lost wages, property damage costs, and other related expenses. To ensure that you receive the amount you are entitled to, it is important to understand how Florida law works about motor vehicle collisions. We have gone into more detail below.
“No-fault” Liability State
Several states enforce a “no-fault” system, which means that, regardless of who is at fault, each driver’s own insurance company will be responsible for paying for their losses. Florida is one of these states, and thus the first step for anyone injured in a car crash should be to contact their insurance provider. As such, all drivers in Florida must carry Personal Injury Protection (PIP) coverage as part of their insurance policy. This will cover up to $10,000 of medical costs and lost wages (unless they had taken a larger cover.)
In addition to PIP coverage, motorists are also required to have Property Damage Liability (PDL) coverage of at least $10,000. This will cover the property damage to other people involved in the accident, such as their vehicle or other property. Although this system may help to prevent drawn-out, expensive court battles and ensure quick access to compensation, it also means that each driver’s compensation is limited to the amount of insurance coverage they have. However, drivers in the sunshine state can choose to add Bodily Injury Liability (BIL) and Uninsured Motorists (UIM) covers to their insurance policies, which will provide additional protection if they are in an accident with someone who does not have valid insurance or enough coverage.
Comparative Negligence Rule
If your losses and damages exceed the coverage of both parties’ insurance policies, you may have grounds to pursue a personal injury claim in court. To do so, you will need to prove that the other party was at least partially responsible for causing your resulting injuries. Florida, as a “comparative negligence” state, means that you can still receive compensation even if you are found partially negligible. The amount receivable, however, will be reduced based on your percentage of fault for the crash. Furthermore, all personal injury claims must be filed within four years from the date of the accident. After this time, you will no longer be able to seek damages in court.
Getting Legal Help
There’s a good chance that you’re going to need help to determine who is liable for the accident and how much compensation you are entitled to. A Stuart car accident attorney at Kogan & DiSalvo in the state of Florida will provide advice, assist with filing claims, and fight for your rights in court if necessary. They have all the skills necessary to go into a court of law and fight for you. A competent lawyer will understand what needs to be done and how to get the compensation you deserve.
Conclusion
Provided that you understand how Florida law applies to motor vehicle accidents, you can make sure that you receive the settlement that you are owed. Fortunately, there’s a good chance that you can secure compensation without having to resort to lengthy court proceedings. However, if your damages exceed both parties’ insurance policies, then hiring an experienced attorney may be necessary to secure the full amount you deserve. It’s best to keep yourself covered at all times and understand how to build a strong case.
