Florida Car Accident Compensation Laws

Florida car accident laws make recovering damages easier than in some other states. At the same time, Florida law requires drivers to have specific types of insurance coverage.

Florida has numerous requirements for drivers and accident victims following a car crash. Failing to follow these requirements can void your auto insurance or make recovery more difficult. This article reviews:

• What you should do after an accident
• Florida's auto accident laws
• When to contact a car accident lawyer for your case

Florida Car Accident Laws

Florida is a "no-fault" insurance state. Under no-fault insurance, drivers file auto accident claims with their own insurance companies. They do not need to prove the other driver was responsible to recover damages in a case.

Most states use a fault system for car accident claims. The at-fault driver's insurance pays the other driver's claim in these states. Drivers must file claims with the other driver's insurance. Under Florida's no-fault system, issues of fault only arise if a driver's insurance claim exceeds their policy limit.

Under the no-fault system, Florida drivers must meet the following insurance requirements:

• $10,000 Personal Injury Protection (PIP)
• $10,000 Property damage liability
• Drivers convicted of a DUI must have $100,000 Bodily Injury Liability (BIL) and $50,000 property damage liability for three years after each conviction.

Accident Scenes and Reporting

Having adequate insurance is the first step in a car accident case. Following a car accident, you must do some things to protect your legal rights.

• Remain at the scene of the accident unless you are seriously injured. Leaving the scene can result in criminal charges.
• Contact the Florida Highway Patrol or other law enforcement. Police may not respond to all minor accidents. Drivers must inform law enforcement about all accidents causing serious injuries or more than $500 in damage.
• Exchange insurance information with the other drivers. Get contact information for any passengers and any witnesses available.
• Get a copy of the police report or accident report. If the police do not respond, get the incident number from the dispatcher. You will need this for your insurance claim.
• Florida's "14-day rule" requires anyone injured in a car accident to see a medical professional within 14 days of the accident or risk losing their PIP coverage. Even if you believe you were not hurt, seek medical treatment anyway.

Presumption of Fault

Florida law presumes that the other driver was at fault if you're rear-ended in a car accident. The other driver still has the opportunity to show you contributed to the accident. For instance, if your taillights were out and the other driver couldn't tell when you stopped, it might reduce their liability.

Comparative Negligence Rules

Florida is one of a handful of states that follow a "pure comparative negligence" standard. The pure comparative negligence rule recognizes that both drivers may share some responsibility in a car accident. It reduces a car accident victim's recovery by their percentage of fault but still allows some recovery.

For instance, if the total damages were $100,000, but the victim was 20% at fault, their total recovery would be $80,000.

Damages and Limits

In a personal injury case, "damages" are the monetary awards received for the injuries and property damage suffered in the car accident. Some states limit the damages a victim can recover after a car accident.

In Florida, you may claim two kinds of damages after a motor vehicle accident.

Economic damages are those with a known monetary amount:

• Medical expenses, including future medical bills and rehabilitation
• Lost wages and future income
• Property damage not covered by your insurance

Non-economic damages are injuries that cannot be easily calculated but that flow from the accident itself:

• Pain and suffering
• Disability and disfigurement
• Loss of consortium

Florida does not limit recovery for economic and non-economic damages. There is a cap on punitive damages, three times the other damages awarded. Punitive damages are seldom awarded unless the defendant's conduct was unusually reckless or egregious. You cannot request punitive damages in a claim against a car insurance company for a policy denial.

Time Limits

The state of Florida limits the time you have to file a claim. The statute of limitations for personal injury claims is four years from the date of the accident. Some insurance policies require a denial from the insurer (called "exhausting your remedies") before you can file a lawsuit.

A wrongful death claim must be filed within two years of the person's death. Family members cannot sue; the personal representative of the decedent's estate must file the lawsuit.

If you need to file a lawsuit in Florida, you should contact a personal injury lawyer to explain these laws in detail.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Get Legal Advice From a Florida Car Accident Attorney

Florida's no-fault system and comparative negligence rules make filing a car accident lawsuit tricky. Missing the statute of limitations bars your case from recovery permanently. Even if you've already contacted your own insurance company, get legal advice from an experienced Florida injury law attorney today.