What To Do After a Car Accident in Florida
The Florida Department of Highway Safety and Motor Vehicles website indicates that over 400,000 car accidents happen each year in the state of Florida, and nearly one-third of result in personal injuries. If you have been injured due to someone else’s negligence or reckless driving, knowing the law can help you understand your legal rights.
No-Fault State
Florida is legally considered a “no-fault” state. This means, that as a driver, you must have personal injury protection insurance (PIP) that covers at minimum $10,000 and you must also carry at least $10,000 in property damage liability (PDL). This insurance will be billed first, even if the other driver is at fault.
Comparative Negligence
Florida Statute section 768.81 states that if you are responsible for any portion of the car accident, the amount of damages you are entitled to will be reduced by that amount. For example, if it is determined that you were 20% at fault for the accident, your amount of compensation would be reduced by 20%. However, it is very important that you never let comparative negligence deter you from seeking the damages and compensation that you are owed.
Florida Statute of Limitations Laws
A “statute of limitations” is the deadline that you have to file a lawsuit. In Florida, you must file your claim regarding your car accident in a court of law within four years of the date of the accident according to Florida Statute section 95.11(3)(a). You may feel this is a long time, however, there are other circumstances that may reduce this deadline to a much shorter time period. Contacting an attorney can help you understand exactly when you need to file your lawsuit.
File a Police Report
Florida Statutes section 316.065 states that you must, by law, file a police report if the car accident you were involved in led to any of the following: injury, death, or damage to property estimated to be over $500. If the police were not immediately called to the scene of the car accident, you must contact law enforcement as soon as possible to file a report if you discover that you were injured or that your property damage exceeds $500.
Seek Medical Attention Immediately
Oftentimes people think that they are unharmed after a car accident, only to discover later that they have serious or severe injuries. Adrenaline can prevent you from knowing the severity of your injuries. Whiplash and soft tissue damage can not present itself until hours, or even days, after your car accident. Seek medical attention with a doctor as soon as possible to be examined. Not only will this help you with your physical health, but a medical examination will also provide a record that can be used in a court of law later as evidence of your injuries.
Let Us Help You Today
If you or a loved one were injured in a car accident in Florida, the experienced attorneys at Roman & Roman are here to represent you. Our lawyers have over 100 years of combined legal experience and have recovered millions of dollars on behalf of our clients. Call today at 877-767-1032 or contact us online for a free consultation in Clearwater, Tampa, or Hudson.
Resource:
flhsmv.gov/pdf/crashreports/crash_facts_2017.pdf
https://www.romanromanlaw.com/car-accidents-while-backing-out/
