Car Accidents & Florida Insurance Laws
Understanding car accidents and Florida insurance laws when seeking justice after a crash can be difficult. Insurance companies may take advantage of you and minimize your payouts. To avoid this, hire an experienced Orlando car accident lawyer early for your claim.
At Wieland & DeLattre, P.A., we have helped car accident injury victims in Orlando and Orange County, Florida, seek justice since 1987. It is for this reason that our Orlando law firm was named by the U.S. News & World Report as one of the Best Law Firms and our attorneys are recognized by the Super Lawyers.
Common Types Of Insurance Coverage For Car Accident Injuries In Florida
Some of the common types of car accident insurance coverage in Florida include:
- Personal injury protection (PIP): Florida is a “no-fault” state, so PIP can cover some of the expenses regardless of whether you were at fault or not.
- Property damage liability (PDL): It pays a minimum of $10,000 for another person’s vehicle damage coverage.
- Uninsured/underinsured motorist (UM/UIM): It is not mandatory in Florida, but it is extremely beneficial in cases where the at-fault driver is uninsured or underinsured.
Our insurance law attorneys in Florida can negotiate with insurers to help ensure you receive the maximum compensation.
Understanding The Modified Comparative Negligence Rule In Florida
Florida follows a modified comparative negligence rule, also known as the 51% bar rule. The rule bars you from recovering damages if you are found to be more than 50% at fault. However, if you are only partially at fault, your full compensation will be reduced by the percentage of fault you bear.
Insurance companies and Florida courts determine fault with evidence from:
- Police reports of the accident scene
- Witness statements clarifying what happened
- Photos and videos of the scene
- Expert reconstruction (vehicle damage, skid marks and impact angles)
Our experienced lawyer can ensure that the fault is accurately determined.
Florida’s No-Fault (PIP) System And Serious Injury Threshold
Florida’s no-fault system requires you to first rely on PIP benefits. To obtain this coverage, you must seek medical treatment within 14 days after the accident.
Under Florida law, you must carry at least $10,000 in PIP, which covers:
- 80% of the required medical expenses
- 60% of lost wages
- A death benefit of up to $5,000 per individual for surviving family members
However, the PIP benefits are limited. When injuries are severe, you may step outside the no-fault system and pursue a claim against the at-fault driver. To do so, you must meet Florida’s statutory “serious injury threshold” by proving:
- Permanent scarring or disfigurement
- Permanent or significant loss of a bodily function
- A permanent injury within a reasonable degree of medical probability
- Death
Our car accident attorneys can work closely with medical professionals to document the full extent of your injuries for a strong claim against the at-fault driver.
What Damages Can You Claim After A Florida Car Accident?
Florida law allows you to pursue compensation for both economic and noneconomic damages when the legal threshold is met. Economic damages compensate for measurable financial losses such as:
- Medical expenses such as emergency care, surgery, rehabilitation, future treatment and assistive devices
- Lost wages while recovering
- Loss of earning capacity
- Property damage, including vehicles
- Out-of-pocket expenses such as home modifications
Noneconomic damages may also be available and provide compensation for nonmonetary losses such as:
- Pain and suffering
- Mental anguish and distress
- Loss of enjoyment of life
- Loss of consortium for family members
- Disfigurement and scarring affecting quality of life
When a car accident in Florida results in death, surviving family members may pursue a wrongful death claim to recover funeral and burial expenses. What you need to know is that the deadline for wrongful death claims is generally two years from the date of death.
A Step-By-Step Overview Of Filing A Claim After A Car Accident
The general four-year limit for Florida personal injury claims was reduced to two years on March 24, 2023. Therefore, the statute of limitations for both wrongful death and personal injury is two years.
Generally, you should follow these steps when filing a claim:
- Move to safety to prevent further harm
- Call 911 to inform the police and request medical assistance
- Take photos and videos, and collect witness contact information
- Seek medical attention for stronger evidence
- Contact an auto accident lawyer for early legal guidance
- Report the accident and injuries to the insurance carrier
- Enter into negotiations with the insurance company
- Settlement is offered, and the case resolves
If the insurance cannot offer a fair settlement, litigation may be necessary to pursue full compensation. Our attorney can guide you on when litigation may be in your best interest.
Schedule A Meeting With An Orlando Car Accident Lawyer
Understanding car accidents and Florida insurance laws can feel overwhelming. That is why our insurance law lawyers in Florida will help you understand everything before filing a claim. At Wieland & DeLattre, P.A., we serve clients in Orlando and Orange County, Florida. Call us at 407-841-7699 or email us today to schedule your free consultation.