Mrs. López and all of the Staff that had helped us it has been an absolute pleasure. They always had an answer to our questions and treated us with respect but most of all they listened.
Alondra O.
Outstanding Attorneys and Legal Team. Lopez, Justin, and Daisy were quick to answer my questions and handled my accident case with speed and courtesy. The outcome was much better than I anticipated.
Robert R.
A huge thanks to your office for such a great experience with my case. Special thanks to Denora, Carmen, and especially Kevin for answering my many calls and questions and keeping me informed through the entire process. I’m am extremely happy and grateful with the outcome.
Kathy W.
If you’ve been involved in a car accident in Florida, understanding how Florida traffic laws impact your claim is crucial. Florida operates under a no fault insurance system, which can influence how you recover damages for medical expenses, lost wages, and property damage liability. Additionally, laws such as comparative negligence can affect car accident claims and determine whether you can seek fair compensation from the at fault driver.
Florida’s no fault insurance system and personal injury protection
Florida follows a no fault insurance system, meaning that drivers must carry personal injury protection (PIP) insurance. This coverage allows accident victims to seek compensation for medical bills and lost wages, regardless of who caused the accident.
Under Florida law, every driver must have at least:
- $10,000 in personal injury protection (PIP) insurance
- $10,000 in property damage liability coverage
PIP benefits cover up to 80% of necessary medical treatment and 60% of lost wages, but only up to the policy limit. However, if your injuries meet the medical probability significant threshold—such as significant and permanent scarring or disability—you may be able to file a personal injury lawsuit against the at fault driver.
Comparative negligence and determining liability
Florida follows a comparative negligence system, meaning that fault can be shared between parties in a car accident case. If you are partially responsible for the accident, your compensation will be reduced by your percentage of fault. For example, if you were found 20% at fault, your settlement will be reduced by 20%.
To establish liability, evidence such as police reports, witness statements, accident scene photos, and medical records can help prove fault. An experienced attorney can assist in determining liability and maximizing your financial compensation.
Filing an insurance claim after a car accident in Florida
After a car accident, you will need to file an insurance claim with your own insurance provider to access PIP coverage. However, PIP does not cover non economic damages like pain and suffering. If your injuries are severe, you may be able to pursue a car accident lawsuit against the at fault party.
Insurance companies often try to minimize payouts, and insurance adjusters may challenge the severity of your injuries. Consulting a personal injury lawyer can help ensure you receive the compensation you deserve.
Compensation available for car accident victims
Depending on the severity of your injuries, you may be able to recover compensation for:
- Medical expenses, including hospital bills, rehabilitation, and medical treatment
- Lost wages if you are unable to work due to injuries
- Property damage liability to cover repairs to your vehicle
- Non economic damages such as pain and suffering
A personal injury claim can help you pursue compensation beyond what PIP insurance covers.
Statute of limitations for car accident claims in Florida
Florida law sets strict deadlines for filing car accident lawsuits. The statute of limitations for filing a personal injury claim is typically two years from the accident date. Failing to file within this timeframe may result in losing your right to seek compensation.
Contact a Florida car accident lawyer today
If you were injured in a car accident in Florida, a car accident lawyer can help you navigate the legal process and fight for fair compensation.
Call Lopez & Humphries, P.A. at (863) 709-8500 to schedule your free consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward justice and recovery.
FAQ
How does Florida’s no fault insurance system affect my car accident claim?
Florida’s no fault insurance system requires drivers to use their PIP benefits first before pursuing a claim against another driver. PIP covers a portion of your medical bills and lost wages, but severe injuries may allow you to file a personal injury lawsuit.
Can I sue the at fault driver for damages?
Yes, if your injuries meet the medical probability significant threshold, such as significant and permanent scarring or permanent disability, you can file a car accident lawsuit to seek compensation for additional damages.
How long do I have to file a personal injury claim in Florida?
Under the statute of limitations, you generally have two years from the accident date to file a lawsuit. Acting quickly ensures you don’t lose your right to compensation.
What should I do after a car accident to protect my claim?
Seek immediate medical attention, document the accident scene, collect witness statements, and file a claim with your own insurance provider. Consulting a personal injury attorney can also help protect your rights.
Will my insurance provider cover all of my medical expenses?
PIP insurance covers a portion of medical care, but it may not cover all expenses. If your injuries are severe, you may need to file a claim against the at fault driver or explore other legal options.
