A massive number of car accidents and crashes are reported in Florida, almost every year. Some of these accidents and collisions involve fatalities and massive property damage, while others can mean months of suffering for those injured. If you ever get injured in an accident, you need to know the state laws, and your rights in such circumstances. When the accident happened because of the other party’s fault, you may have the scope to file a lawsuit to claim compensation. In this post, we are sharing more on about laws related to car accidents in Florida.
Reporting a Car Accident
The state laws of Florida require drivers involved in a car accident to file a report with the local police department, if
- The accident resulted in injuries
- The accident involved death
- There was property damage of $500 or more
Understanding No-Fault Car Insurance
Note that Florida is one of the few states that follow the no-fault car insurance rule. This means that if you were injured in an accident, your will turn to your own PIP coverage and file a claim with your insurer. However, depending on the circumstances of the case, you may have the room to file a personal injury lawsuit against the at-fault driver directly.
The “Pure Comparative Fault” Rule
Florida follows the follows a “pure comparative fault” rule. If a driver was injured in an accident, but also had a share in fault, their compensation will be reduced by percentage of their share of fault. For instance, if you were given $20,000 in compensatory damages, and you were 20% at fault, you will only get $16,000 in final settlement. Under the “pure comparative fault” rule, you can file for compensation, even when your share of fault is more than 50%.
The Statute of Limitations
The “statute of limitations” in Florida allows four years, from the date of accident, to file personal injury lawsuit. If the car accident resulted in death, the immediate family can file a wrongful death lawsuit, within two years, from the date of death. The filing deadline is particularly important, because you don’t file a lawsuit according to the “statute of limitations”, the court will most likely not accept your case. There are only a few circumstances, when such pleas are entertained.
If you were injured in an accident in Florida, contact an attorney immediately. A skilled attorney can ensure that you get the compensation your deserve.