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After a car accident in Florida, questions can start almost immediately. Who pays the medical bills? Should you use your own insurance? What if the other driver does not have bodily injury coverage? How long do you have to make a claim? What happens if you were partly at fault?
The Florida car accident lawyers at the Law Offices of Jason Turchin have represented accident victims for more than 20 years and have handled thousands of accident claims. Below are answers to frequently asked questions about Florida car accidents, insurance claims, Personal Injury Protection benefits, uninsured motorists, fault, compensation, and the claims process.
Every accident is different. These FAQs provide general information and should not be used to determine the value or viability of a particular claim.
Your health should come first. If you are injured, seek appropriate medical attention. When possible, you should also consider taking steps to document the crash and preserve evidence.
For a serious crash, evidence such as vehicle data, surveillance footage, dashcam video, and witness information can disappear. Early investigation may help preserve evidence.
Florida is commonly described as a “no-fault” automobile insurance state because Personal Injury Protection, or PIP, insurance generally provides certain benefits following a covered motor vehicle accident regardless of who caused the crash.
This does not mean that no one can be held responsible for causing an accident. PIP primarily affects payment of certain initial medical expenses and lost income and Florida’s rules concerning when an injured person may pursue certain damages against an at-fault driver.
Personal Injury Protection is commonly called PIP. Florida automobile insurance policies subject to the state’s no-fault requirements generally provide up to $10,000 in PIP medical and disability benefits, subject to statutory requirements, exclusions, deductibles, and limitations.
PIP can generally pay 80 percent of reasonable and medically necessary covered medical expenses and 60 percent of covered lost income, subject to the applicable limits and requirements.
The amount of PIP medical benefits actually available can also depend on whether the injured person is determined to have an emergency medical condition under Florida law.
Yes. Florida’s PIP law generally requires an injured person to receive initial services and care within 14 days after the motor vehicle accident to qualify for PIP medical benefits.
This is separate from the statute of limitations for filing a lawsuit. The 14-day requirement concerns eligibility for PIP medical benefits.
If you are injured after a crash, consider obtaining appropriate medical care based on your symptoms rather than waiting to see whether they disappear.
There may be several potential sources of payment depending on the accident and available insurance.
These could include:
Which coverage applies, and in what order, can depend on the circumstances and policy language.
No. This surprises many accident victims.
Florida generally requires owners of registered vehicles to maintain at least $10,000 in property damage liability coverage, along with the PIP coverage required by Florida’s no-fault law. Florida does not impose the same general bodily injury liability insurance requirement on every driver under all circumstances.
There are situations in which Florida’s financial responsibility laws require bodily injury coverage or other proof of financial responsibility. This is one reason uninsured and underinsured motorist coverage can be particularly important in Florida.
Uninsured motorist coverage, often called UM coverage, can potentially provide benefits when someone responsible for an accident has no applicable bodily injury insurance.
Underinsured motorist coverage can potentially apply when the responsible driver’s liability coverage is insufficient to compensate an injured person for covered damages.
UM coverage can be extremely important after a serious Florida car accident because an at-fault driver may have little or no bodily injury liability coverage.
Coverage should be investigated carefully. Depending on the circumstances, UM coverage may potentially exist under more than one policy.
You may still have potential options. An attorney can investigate whether the driver or vehicle owner has applicable insurance, whether uninsured motorist coverage is available, whether another insurance policy applies, and whether another person or business may share responsibility for the accident.
For example, an employer could potentially become relevant when a negligent driver was acting within the course and scope of employment. Commercial vehicles and rideshare accidents can also present additional insurance issues.
Property damage may potentially be handled through the at-fault party’s property damage liability coverage or through your own collision coverage if you purchased it.
Florida generally requires at least $10,000 in property damage liability coverage for registered motor vehicles. When several vehicles or expensive vehicles are damaged in the same crash, available property damage limits may sometimes be insufficient to pay everyone’s losses.
An insurance company may declare a vehicle a total loss when repair is not economically practical under applicable standards. Disputes can arise concerning the vehicle’s pre-accident value, options, mileage, condition, comparable vehicles, and other factors.
A property damage claim is generally separate from the bodily injury portion of a car accident claim.
Potentially. Florida’s motor vehicle no-fault law contains a threshold affecting recovery of noneconomic damages such as pain, suffering, mental anguish, and inconvenience in many automobile accident cases.
Depending on the circumstances, the threshold can involve significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death.
Whether an injury satisfies the applicable threshold is a case-specific issue that may depend heavily on medical evidence.
Depending on the injuries, insurance coverage, fault, and applicable law, damages may potentially include:
If a crash causes a fatal injury, surviving family members and the estate may have rights under Florida’s wrongful death laws.
For many Florida negligence claims arising from car accidents occurring on or after March 24, 2023, the statute of limitations is generally two years. Different deadlines can apply to accidents occurring before that date and to particular types of defendants or claims.
A wrongful death claim is also generally subject to a two-year limitations period, although special circumstances can affect the applicable deadline.
Claims involving governmental entities can have additional presuit notice requirements and procedures. It is important to determine the deadline applicable to the specific accident rather than relying exclusively on a general rule.
Florida uses a modified comparative negligence system for many negligence claims.
For covered negligence claims, a person who is found to be more than 50 percent responsible for his or her own harm generally cannot recover damages. If an injured person is 50 percent or less at fault, recoverable damages may generally be reduced according to that person’s percentage of fault.
For example, if a person had $100,000 in legally recoverable damages but was found 20 percent responsible, comparative fault could potentially reduce the recovery to $80,000.
Fault is often disputed. What another driver, police officer, witness, or insurance adjuster says at the scene does not necessarily determine the final legal allocation of responsibility.
A crash report can contain useful information, but it does not necessarily decide who is legally responsible in a civil injury case.
An independent investigation may include photographs, video, witness statements, vehicle damage, event data recorder information, physical evidence, traffic signal information, and expert analysis when appropriate.
After an accident, an insurance adjuster may ask you to provide a recorded statement about how the crash happened and your injuries.
Before providing a detailed recorded statement to another party’s insurer after a serious injury accident, you may want to speak with an attorney about your rights and obligations. You should always be truthful, but you should not guess or speculate about facts you do not know.
That depends on the circumstances. Before resolving a bodily injury claim, it can be important to understand the nature of your injuries, future medical needs, available insurance coverage, lost income, liens or reimbursement claims, and the damages being released.
A settlement release can generally end the claim against the parties covered by the release. For a significant injury, consider having the proposed settlement and release evaluated before signing.
Some people experience symptoms immediately, while others notice increasing pain or other symptoms after the initial shock of a crash subsides.
If you develop symptoms, seek appropriate medical care. Remember that Florida’s PIP statute generally requires initial services and care within 14 days of the accident for PIP medical benefits.
An injured passenger may potentially have a claim even when the driver of the vehicle in which the passenger was riding caused the accident.
The applicable insurance analysis can involve the drivers, vehicle owners, the passenger’s own automobile insurance, household insurance policies, PIP, and potentially uninsured or underinsured motorist coverage.
Pedestrians and bicyclists can suffer catastrophic injuries because they have little protection from the force of a motor vehicle.
Florida PIP coverage can potentially apply to certain pedestrians and bicyclists struck by motor vehicles, depending on the circumstances and applicable coverage. A separate liability claim may also exist against a negligent driver.
Our firm also handles many pedestrian and bicycle accident claims.
Rideshare accidents can involve additional insurance questions because available coverage may depend on whether the rideshare driver was offline, logged into the application and waiting for a request, traveling to pick up a passenger, or transporting a passenger.
These cases should be investigated to identify all potentially applicable personal and rideshare insurance policies.
A collision involving a tractor-trailer or other commercial vehicle can be significantly different from an ordinary passenger-car accident.
A Florida truck accident claim may involve the driver, trucking company, vehicle owner, maintenance companies, cargo companies, or other parties. Electronic logging records, vehicle data, maintenance records, and other evidence may need to be preserved promptly.
You may still be able to pursue a Florida car accident claim after returning home.
Our firm represents people who live throughout the United States and were injured while visiting Florida. Much of the claim can often be handled through telephone calls, video conferences, email, electronic documents, and coordination with medical providers in the client’s home state.
Whether you eventually need to return to Florida depends on the circumstances and how the case develops.
Over the years, our attorneys have handled automobile accident claims involving many insurers doing business in Florida, including State Farm, GEICO, Progressive, USAA, Allstate, Liberty Mutual, AAA, and others.
The insurance company’s identity does not determine whether a case is viable or what it is worth. Coverage limits, policy language, liability, injuries, medical evidence, and other circumstances can be substantially more important.
There is no reliable average settlement value that can determine what an individual car accident claim is worth.
Potential value can depend on factors including:
Two accidents that appear similar can result in very different outcomes because the injuries, insurance coverage, liability evidence, and damages are different.
You are not required to hire an attorney. Some minor accidents involving only property damage may be handled directly through insurance companies.
For a significant injury, an attorney can investigate liability, identify insurance coverage, help preserve evidence, review PIP and UM issues, communicate with insurers, document damages, evaluate settlement offers, and determine whether litigation may be appropriate.
You can learn more about our motor vehicle accident practice, attorney Jason Turchin, and prior verdicts and settlements. Additional information is available through our Florida car accident lawyer resource.
Our car accident cases are handled on a contingency fee basis. There are no fees or costs owed to our firm unless there is a recovery.
Jason Turchin has more than 20 years of experience representing accident and injury victims. His professional recognition includes:
Our attorneys represent people injured in rear-end crashes, intersection accidents, highway collisions, pedestrian accidents, bicycle accidents, rideshare crashes, commercial vehicle accidents, and other serious motor vehicle collisions throughout Florida.
If you were seriously injured in a Florida car accident, the Law Offices of Jason Turchin can review the crash, available insurance coverage, your injuries, and potential sources of compensation.
Call 800-337-7755 or chat with our live agents for a free consultation.
All cases are handled on a contingency fee basis, meaning there are no fees or costs owed to our firm unless there is a recovery.