Recognising Florida’s Laws Regarding Auto Accident
If you have just been involved in a car accident in Florida, you will undoubtedly have questions about treating your injuries, covering your expenses, and filing a car accident claim. First and foremost, as a car accident victim, you have a right to demand compensation for your losses and injuries. In fact, there are various laws that will affect your ability to secure compensation for your medical bills, lost wages, and pain and suffering.
Below is an explanation of the fundamental laws that affect car accidents in Florida. To learn more about car accident laws and the claims process, we advise speaking with a car accident lawyer near you. They can review your case and advise you further on the intricacies of the legal system.
Florida Follows a No-Fault Car Insurance System
A state’s car insurance laws are typically categorized as either a fault-based system or a no-fault-based system. Depending on which insurer you file a claim with, whether it is the at-fault driver’s or your car insurance company, determines which system the state employs. Florida is a no-fault system. The following laws form the basis of our no-fault system.
Mandatory Personal Injury Protection Insurance Policy
Florida Statutes § 627.736 explains the state’s mandatory personal injury protection (PIP) insurance policy. All registered drivers must carry a PIP policy. This policy allows you to file a car accident claim with your insurance company to receive compensation for medical care and lost wages.
The law sets the minimum policy limit amounts at:
- $10,000 for medical and disability coverage
- $5,000 for death benefits
However, there are further stipulations. The law states that your PIP will only cover 80% of medical bills based on what it defines as reasonable expenses and necessary care. As for lost wages, PIP will only cover 60% of your gross lost wages per the disability benefits section of the law. Both of these will end at your policy limit, and neither will cover any non-economic damages.
Additionally, you have 14 days after the accident to see a doctor; otherwise, PIP will not cover you at all.
The At-Fault Driver Can Still Be Held Liable
Florida Statutes § 627.737 does provide accident victims the opportunity to file a claim and lawsuit against the at-fault driver when their injuries and losses exceed their PIP coverage.
A car accident victim may file a claim against the at-fault driver if their injuries meet the state’s serious injury thresholds. A serious injury is defined under Florida Statutes § 627.737 as any of the following:
- Loss of body function
- Permanent injury
- Permanent scarring or disfigurement
- Death
Meeting the serious injury threshold would allow a car accident victim to pursue non-economic damages, and there is no cap on non-economic damages in a personal injury case in Florida.
The At-Fault Party Is Responsible for Property Damage
Florida Statutes § 324.022 regards property damage liability (PDL). In addition to PIP, all drivers must carry $10,000 in PDL. However, unlike PIP, you would file a property damage claim with the at-fault driver’s insurance company.
You Can Be Held Partial Liable for Your Injuries
Florida Statutes § 768.81 discusses the state’s comparative fault laws. Comparative fault is a legal principle that acknowledges the actions of all parties involved in an accident. It considers the possibility that both parties contributed to the event and seeks to establish a degree of fault between them. Once the degree of fault is determined, the settlement awards are lowered by that degree of fault.
For example, if you are found to be 10% at fault for your car accident, and the settlement amount is $10,000, you would receive $9,000 based on your degree of fault.
However, if you are greater than 50% at fault for the accident, you may not recover any damages.
Other Significant Florida Car Accident Laws
The following are additional laws that affect car accident claims in Florida:
Florida Statutes § 316.065 makes it your responsibility to report a car accident if there has been an injury, death, or $500 of estimated damage.
Florida Statutes § 627.727 covers uninsured and underinsured motorist coverage. These are additional insurance policies you may obtain. They are not required by law but must be offered at the time you purchase coverage.
Florida Statutes § 627.70152 stipulates your right to dispute any offers made by the insurance company on your claim.
Florida’s Statute of Limitations in Car Accidents
A unique set of laws affecting car accidents is the statutes of limitations. These laws are legal deadlines to file a lawsuit.
Florida Statutes § 95.11 handles the deadlines for filing personal injury and florida wrongful death lawsuits. In both instances, the victim or their family has two years to file. The difference between the two is when they begin. For personal injury, the deadline starts on the day of the accident. For wrongful death, the deadline begins when the victim passes from the injuries sustained in the accident.
Florida Statutes § 95.051 discuss pausing, also known as tolling, a lawsuit based on special or extenuating circumstances, such as the victim being a minor.
Call the Law Offices of Wolf & Pravato for Answers About Florida Car Accident Laws
If you have questions regarding the laws affecting your car accident, call us today at (954) 633-8270. Our fort lauderdale personal injury attorneys can review your case at no cost to you. We can explain your options, investigate your accident, negotiate a fair settlement, and represent you in court if necessary. Plus, there is no financial risk to you. You pay nothing unless we win.Reach out to us today.
