Were you recently involved in a car accident? If so, you’re probably worried about expenses. You may have property repair or replacement costs, along with expensive medical bills—even a quick physical to check for any potential injuries isn’t cheap.
So, how are you supposed to cover these and other losses? Seeking compensation after a Florida accident is the best way of recovering your damages.
However, the process isn’t as easy as calling up the insurance company. There’s a process to follow and it can be a little complicated, especially if it’s your first time filing an accident claim in the Sunshine State.
Navigating Florida’s Vehicle Insurance Landscape
Florida’s insurance and accident claim guidelines are designed to make the process go more smoothly. While it’s a toss-up if the state is meeting its goal, here’s what you should know about filing an accident claim.
Florida Minimum Insurance Requirements
All drivers with vehicles registered in Florida must meet the state’s minimum insurance requirements. The only exception that may apply is if the vehicle is legally undriveable.
Think of vehicles up on blocks missing wheels and even an engine. However, the second the vehicle starts up, it’s time to purchase insurance. So, what are Florida’s minimum auto insurance requirements?
All vehicle owners must carry personal injury protection (PIP) and property damage liability (PDL) insurance. The two parts are generally combined into a single policy, so it’s a little less confusing to meet the state’s minimum requirements.
You must carry at least $10,000 in PIP and the same in PDL. A quick note, your PIP insurance can cover up to 80% of your medical expenses or up to the policy’s cap, whichever comes first.
However, your PDL insurance only covers damage to the other driver’s vehicle if you’re at fault for the accident. Even if you’re not the at-fault driver, your PDL doesn’t cover your property damage.
Understanding No-Fault Insurance Laws
Like around 13 or so other states, Florida uses a no-fault insurance system. No, this isn’t saying that no one is ever at fault for causing a traffic accident. The system simply dictates who you file an initial claim with.
Regardless of who causes the accident, all involved drivers turn to their PIP insurance. This is who you file your accident claim with. Your insurance will cover most of your medical expenses. If you miss work due to injury severity, PIP may also cover up to 80% of your lost income. If you’re only carrying PDL insurance, your property damage costs aren’t covered. However, property repairs and replacement are typically covered if you have a full-coverage policy.
Something you’re probably noticing about PIP insurance is it typically only covers 80% of your financial losses. Even being left with 20% of your medical bills can still be a financial hit. This also applies to only being able to recover, at most, 80% of your lost income. Thankfully, you may still be able to recover these losses.
Filing a Lawsuit in Florida After an Accident
If you’ve filed a claim with your PIP provider and still face uncovered damages, don’t worry—you’re not necessarily on the hook for those expenses. You may have the option to sue the at-fault driver’s insurance company. However, be aware of potential hurdles such as the statute of limitations and the rules of comparative negligence that could affect your case.
Statute of Limitations in Florida
The statute of limitations refers to the amount of time you have to file a lawsuit after a car accident. Florida gives accident victims two years from the date of the incident. Can the statute of limitations be temporarily paused? The answer is yes in some instances.
For example, the statute of limitations may not kick in until a minor turns 18. Then they have two years to file an accident claim. If the at-fault driver can’t be located, the statute can also be paused. The defendant must receive court papers notifying them of your upcoming lawsuit.
Even though there can be times when the statute of limitations is paused, it’s not always a great idea. The longer it takes to get your case before the court the harder it usually is to prove. This can affect your ability to recover compensation.
Comparative Negligence
This is a legal term that allows more than one driver to be responsible for causing an accident. All involved drivers are assigned a percentage of the blame and this can impact your ability to recover compensation beyond your PIP policy.
Usually, the responding officers determine fault and assign blame. However, this task can also fall to the insurance adjuster. As long as you’re not assigned more than 50% of the blame for an accident, you can still file a lawsuit against the other driver. But your settlement amount will reflect your percentage of the blame. In other words, your percentage of fault is deducted from your settlement amount.
If you don’t agree with your percentage of fault, you can file an appeal in civil court. A judge or jury will review the accident and potentially adjust your percentage of blame.
Damages You Can Claim in an Accident Lawsuit
Don’t forget that your lawsuit is essentially your second claim for the accident. This can make calculating your damages a little complicated. You can’t claim anything already covered by your PIP policy. So, if PIP covers 80% of your medical costs, you can only list the remaining 20%. This also applies to lost income.
What you can claim in your lawsuit is 100% of your non-economic damages. These are losses not covered by PIP. Your accident attorney can help you calculate these damages.
Don’t Navigate Florida’s Insurance Laws Alone
Even though the Sunshine State is making efforts to help accident victims recover compensation more easily, navigating insurance laws can still be confusing.
To simplify the process and ensure you’re following all the necessary legal guidelines, partnering with an experienced accident attorney is a smart move. They can guide you through the complexities, ensuring your rights are protected while working to secure the compensation you deserve.