Whether you’re vacationing on the space coast, attending a business conference in Miami, or spending half the year in Boca Raton, you are one of the many out-of-state visitors to Florida every year. When an accident happens, though, and you’re far from home, you may be worried about how your insurance will work and if you’ll be able to recover compensation.
A Florida car accident lawyer can help you understand your legal rights and options after an out-of-state accident. In this article, we’ll go over your rights and responsibilities when you have a car accident out of state.
Understanding Florida’s Car Accident and Insurance Laws
Florida is a no-fault insurance state, and drivers are required to carry insurance that includes personal injury protection (PIP). PIP covers a driver’s injuries after an accident regardless of fault. However, if you are out of state, your own insurance may not have similar coverage.
If your insurance does not cover your injuries or does not fully cover them in the case of severe injuries, then you may be eligible to pursue a liability claim against the at-fault driver.
Getting Compensation for Medical Bills and Other Expenses
Typically, you will rely on your own insurance first to cover your medical expenses and other accident losses. It’s vital to have read your policy and understand what it covers. For example, some policies may specify that medical care needs to be approved as “medically necessary” for them to cover the cost.
Additionally, car accidents can result in catastrophic injuries, such as a traumatic brain or spinal cord injury, that may require a higher amount of compensation than your auto insurance policy covers.
When an insurance policy falls short, you can pursue an injury claim against the at-fault party (or parties). In a case where the other driver does not have insurance, you may need to rely on your own uninsured/underinsured motorist coverage or pursue a lawsuit against the liable party.
Immediate Steps After the Accident
The steps you take after the accident are especially important when you are out of state. You should:
- Ensure Everyone’s Safety: If you are able, move your car out of the way of incoming traffic. Call 9-1-1 as soon as possible. Responding police officers will help cordon off the accident to protect everyone involved. They will also create a police report, which is key evidence for filing a car accident claim.
- Get Medical Attention: Your health is your top priority, and early treatment can have a significant impact on your recovery. Additionally, having a medical record of your injuries can be vital for your claim.
- Exchange Information: Get the name, insurance information, and vehicle information of the other driver (or drivers, if multiple vehicles were involved).
- Document the Scene: Take photos of the accident scene, such as vehicle damage and surroundings, as well as any visible injuries you have. If there are witnesses, ask for their contact information as well.
You will need to report the car accident in another state to your insurance company. However, a lawyer can help you handle this discussion with them.
Why Having a Florida Car Accident Claim Attorney Is Helpful
Hiring an out-of-state injury lawyer is helpful, as Florida will be the jurisdiction where any lawsuits take place. Your Florida car accident attorney will understand state-specific laws, such as legal deadlines that apply to your case, and be familiar with how insurance companies operate in the state.
Under Florida Statutes § 95.11, you generally have two years to file a personal injury lawsuit. This legal deadline is vital to follow, as failing to do so may prevent you from recovering compensation. Your lawyer will act quickly to ensure the timely filing of your case.
At our law offices, our personal injury lawyers work on a contingency fee basis. So, you only pay us when we recover compensation. This opens the door to legal representation for everyone, regardless of their financial situation.
Additionally, your initial consultation with us is confidential, obligation-free, and won’t cost you a dime.
Frequently Asked Questions About Claims for Car Accidents in Another State
Below are some answers to the more common questions tourists and visitors have following a car accident in another state.
Will My Home State’s Insurance Cover Me in Florida?
Typically, yes. However, Florida’s laws will still apply, and your insurance coverage may not be enough to fully cover your medical bills and other losses.
What if the Accident Was a Hit-And-Run?
Your home state insurance will still apply. However, you may have to rely on underinsured/uninsured motorist coverage to recover compensation.
Do I Need to Come Back to Florida for Legal Proceedings?
Generally, yes. If an injury or your financial situation prevents you from traveling back to Florida, reach out to your lawyer and the court. In some cases, you may be eligible to attend proceedings virtually.
Contact the Law Offices of Wolf & Pravato Today
Car accidents are stressful and traumatic, no matter what the situation is. However, when you get in an accident far from home, it can feel extra daunting to tackle the legal process. Having a local Florida car accident lawyer on your side can relieve you of the burden.
The Law Offices of Wolf & Pravato can take on your auto accident claim, fighting for the compensation you need to treat your injuries and account for lost wages and other impacts. We will be with you throughout the entire process of your case, keeping you updated on its status and answering your questions.
Call (954) 633-8270 today for a free case review and to learn more about how we can help.
