What Occurs In Florida If An Automobile Accident Claim Exceeds Insurance Limits
Under Florida’s no-fault insurance system, injured parties must first turn to their personal injury protection (PIP) coverage for compensation after an auto accident, regardless of who caused the collision. However, when your car accident claim exceeds insurance limits, you can seek financial awards from a liable driver.
A car accident lawyer can tell you more about your options for pursuing damages and assist you with a claim or lawsuit.
Car Accident Insurance Limits in Florida
The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) states that four-wheeled vehicle drivers must carry a minimum of $10,000 in personal injury protection (PIP) insurance and $10,000 in property damage liability (PDL) insurance. PDL pays for another party’s vehicle and personal property damages if you are responsible for a crash. Bodily injury liability (BIL) insurance is not required in Florida.
Instead, injured parties must seek medical, disability, and death benefits from their PIP insurance, no matter who caused the crash. A personal injury attorney can guide you through the Florida car accident claim process and negotiate a settlement up to your policy limits. We can also help you step outside the no-fault system and pursue damages that exceed your coverage.
You Can Recover Damages That Exceed Insurance Limits from an At-Fault Party
You may exceed insurance limits in a car accident claim if you have severe injuries and significant medical expenses. When this happens, you can seek compensation from a negligent driver with a liability insurance claim or personal injury lawsuit.
In addition to recovering awards that exceed your PIP, a claim against an at-fault party allows you to secure non-economic damages not covered by no-fault insurance. Our legal team can identify and calculate your losses and pursue fair compensation for the following:
- Medical expenses, including ambulance transportation, emergency care, hospitalizations, surgeries, medical devices and equipment, physical therapy, and extended nursing
- Lost wages, earnings, and benefits, including loss of your future earnings and reduced earning capacity if you suffered an injury that interferes long-term with your ability to work
- Vehicle repairs or your car’s fair market value if damages are a total loss
- Pain and suffering, including monetary awards for physical and chronic pain, stress, depression, anxiety, inconvenience, loss of enjoyment, and diminished quality of life
- Wrongful death, including medical costs, funeral and burial expenses, loss of your loved one’s income, support, services, care, and companionship, and surviving family members’ mental pain and suffering
What If Your Crash Involved an Uninsured or Underinsured Motorist?
Because BIL is not mandatory and the law only requires $10,000 in PDL, Florida’s car accident liability limits may not satisfy your losses. For this reason, purchasing uninsured motorist coverage in Florida is highly encouraged.
We can sue for damages if an uninsured or underinsured motorist caused your crash. However, in many instances, the at-fault party may not have the funds to pay you an adequate settlement out of pocket. We may have more success recovering your losses with an uninsured/underinsured motorists (UM/UIM) claim or collision coverage claim with your insurer.
You Must Prove Car Accident Liability to Win Your Case Against a Negligent Driver
When someone is “at fault,” it means their negligent or wrongful actions caused your injuries and financial losses. Examples of driver negligence include speeding, drinking and driving, tailgating, or failing to obey traffic signs and signals.
A fort lauderdale car accident attorney with our firm can build your case and prove another party is liable for damages that exceed your insurance limits. We can:
- Visit the accident scene, take photographs, and collect physical evidence and debris
- Locate eyewitness and record their statements
- Track down surveillance, cell phone, or dashcam footage of the crash
- Obtain police reports, medical records, and other relevant documents
- Gather estimates, invoices, bills, receipts, and additional proof of your damages
- Enlist the help of crash reconstruction specialists, medical professionals, and other case experts when needed
- Prepare and file your insurance claims or lawsuit
- Manage case paperwork, deadlines, and communications
- Aggressively negotiate for the maximum compensation possible
- Represent you at trial if necessary
How Long Do You Have to Act on Your Car Accident Claim?
You should file claims with your insurance company and claims against an at-fault party as soon as possible. Doing so will give you the longest window of time possible to work through negotiations and secure a fair settlement before your time to take legal action expires.
If you must sue for damages, you have two years to file your fort lauderdale personal injury lawyer or wrongful death case in civil court, according to Florida Statutes § 95.11. If the statute of limitations expires and you have not resolved your claim, it will reduce your bargaining power. You could end up with little to no compensation and no legal recourse.
Contact the Law Offices of Wolf & Pravato for Help With Your Car Accident Case
The Law Offices of Wolf & Pravato can help you recover compensation when your car accident claim exceeds insurance limits in Florida. We have over 75 years of legal experience that we can put to work for you.Call (954) 633-8270 for a free consultation. We take cases on contingency!