While motor vehicle accidents are fairly common in the Sunshine State, most people haven’t been involved in anything more than a minor fender bender. Even if you have been in a crash, you might not be that familiar with Florida’s laws surrounding car accidents. So what exactly do you need to know when it comes to your legal rights and obligations after a car accident in Florida?
For anything other than the most minor collision, you will probably need to report the accident. You should also seek medical treatment within 2 weeks so that you can get no-fault benefits from your own insurance company. If your injuries are considered serious, you can file a lawsuit against the at-fault driver with the help of our Vero Beach car accident attorneys.
At Gould Cooksey Fennell, we offer skilled legal representation to clients throughout Florida’s Treasure Coast. We handle all cases on a contingency fee basis, which means that you will never pay a fee unless we recover money for you. Reach out to our law offices today to schedule a free initial consultation with a Florida personal injury lawyer.
Florida Car Accident Laws: What to Know
To get your driver’s permit, you have to pass a knowledge test. Over the years, your memory of facts like exactly how far away you have to park from a fire hydrant probably faded. Yet there are some laws related to driving that you should always know.
This is particularly true when it comes to car accidents. There are multiple laws that directly impact your rights if you are involved in a car crash in Florida. Read on to learn more about these laws and what you need to know.
You Might Need to Immediately Report Your Car Accident
Under Florida law, you are required to report a motor vehicle accident in certain circumstances. Specifically, if a car accident involves death or injury to any person or property damage of $500 or more, you have to report it.
Given how expensive car repairs can be, anything other than an extremely minor car accident will probably have to be reported. You can call the local police department, the county sheriff, or the Florida Highway Patrol to report the crash.
When law enforcement arrives at the scene, they will be required to investigate the accident and submit an accident report (the Florida Traffic Crash Report Long Form) if the accident involves:
- A death
- An injury or a complaint of pain or discomfort
- A hit-and-run accident
- Driving under the influence (DUI) of alcohol and/or drugs
- A commercial motor vehicle
- Vehicle damage that is severe enough that a wrecker must remove it from the scene
If your accident does not fall within this category, then you must submit your own written report to the Florida Department of Highway Safety and Motor Vehicles within 10 days of the accident. If you are seriously injured in the crash as a driver, then you are exempt from this requirement. A passenger in the vehicle or the owner of the vehicle can also file the report on behalf of the driver.Â
Importantly, failure to report a traffic accident is a traffic infraction. While these tickets are noncriminal in nature and won’t result in jail time, it is always a good idea to report your auto accident. If you need help filing the report, our Vero Beach car accident attorneys can assist you.
Florida Is a No-Fault State for Car Accidents
Florida is one of about a dozen states that have a no-fault system for car insurance. With no-fault insurance, drivers are required to carry a special type of insurance known as personal injury protection (PIP). After a car accident, your PIP coverage will pay for your immediate medical bills and other financial losses up to policy limits.
PIP coverage will cover the policyholder, their children, and household members, and any passengers who do not have their own PIP coverage. It will pay for:
- Up to 80% of reasonably incurred medical expenses related to injuries from the car accident;
- 60% of lost income related to the car accident; and/or
- $5,000 in death benefits.
PIP does not pay for vehicle damage and non-economic damages like pain and suffering. If you suffered these types of losses, then you may need to file a personal injury lawsuit against the at-fault driver.
Importantly, Florida’s no-fault laws only allow for full coverage under PIP if you had an “emergency medical condition” from the crash. An emergency medical condition is one that has acute symptoms of significant severity such that failure to seek immediate medical treatment could result in:
- Serious jeopardy to patient health
- Serious impairment to bodily functions
- Serious dysfunction of any bodily organ or part
If you are not deemed to have an emergency medical condition, you can only receive up to $2,500 in PIP benefits.Â
In addition, you must seek medical treatment within 14 days of the accident to receive PIP benefits. It does not matter if you go to an ER right away or schedule a doctor’s appointment for the following week, as long as you get medical care in that 2-week window, you will qualify for PIP coverage. If you don’t seek medical care within those 14 days, however, then you probably cannot get any PIP benefits.
It is possible to file a lawsuit for your car accident losses if you suffered a “serious” injury. Under Florida law, to qualify as a serious injury, you must have experienced at least one of the following:
- A significant and permanent loss of an important bodily function
- Permanent injury, within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Death
If your injuries meet this threshold, then you can file a lawsuit against the at-fault driver for your injuries. Through this type of claim, you can recover money for your property damage, medical bills, lost wages, reduced earning capacity, pain and suffering, emotional distress, loss of enjoyment of life, scarring, and disfigurement. Our Vero Beach car accident lawyers can work with you to help you get full compensation for your losses.
There Is a 2 Year Statute of Limitations for Car Accident Cases
The statute of limitations is a law that sets a time limit for filing any type of legal action. For most personal injury cases, including car accidents, the statute of limitations is 2 years. This means that you have 2 years from the date of the crash to file a lawsuit.
If you do not file a lawsuit within 2 years, then you probably won’t be able to pursue a claim. The statute of limitations may seem harsh, but it serves an important purpose. As time passes, witness memories can fade, and evidence is often lost. It is also a matter of basic fairness to ensure that cases are handled efficiently, so that everyone involved in the accident can move forward with their lives without the possibility of litigation hanging over their heads.
There are some exceptions to the standard 2-year statute of limitations for personal injury claims. If the injured person was legally incapacitated at the time of the crash, then the statute of limitations is extended to up to 7 years. This includes situations where the injured person is a child. In addition, if the at-fault driver left the state of Florida before the lawsuit could be filed or concealed themselves within Florida to avoid litigation, then the statute of limitations can also be extended.
2 years may seem like a long time, but it can go quickly when you are dealing with other matters (like doctor’s appointments). Your best bet is to consult with a Vero Beach car accident lawyer as soon as possible. Your attorney will work to protect your rights and will make sure that your lawsuit is filed on time.
You Can Still File a Claim Even If You Were Partially at Fault
Some car accident cases are anything but straightforward. This includes multi-vehicle accidents and cases where the injured victim was somewhat responsible for the accident. Under Florida law, you can still pursue a lawsuit for your injuries as long as you were 50% or less responsible for the crash.
Florida follows a modified comparative fault law. Under this law, if an accident victim was partially responsible for a crash, they can recover money as long as their share of the blame does not exceed 50%. Their total recovery will then be reduced by the percentage of their fault.
This percentage is usually determined by a jury. For example, a jury might decide that you were 20% at fault for an accident where you were speeding and the at-fault driver merged onto the highway without checking to make sure the coast was clear. If a jury determines that you suffered $100,000 in damages, then your recovery will be reduced by 20% to $80,000.
Understanding comparative fault is important when it comes to car accident cases because it affects how insurance companies handle claims. An adjuster might try to get you to admit that you did something wrong by asking questions like, “So you were driving above the speed limit at the time, right?” If you admit to fault in any way, that could affect your total recovery, even if your case never goes to trial. The insurance company will use this information to justify a lower settlement offer.
To protect yourself, you should never apologize to the other driver or anyone else at the accident scene. You should also refuse to give a statement or talk to the insurance adjuster. Instead, schedule a consultation with our law firm and let us handle all communications on your behalf.
Hurt in a Car Accident? Give Our Law Firm a Call.
Learning these car accident laws might feel a bit overwhelming. The good news is that you don’t have to know them. All that you need to know is that our Vero Beach car accident lawyers will take on the insurance company for you and fight to protect your rights.
Based in Indian River County, Gould Cooksey Fennell works with clients to help them get maximum compensation for their injuries. We will advocate for your interests and work tirelessly to get you justice for your injuries. To learn more or to schedule a free initial consultation with a Vero Beach car accident attorney, call our law offices at 772-231-1100 or fill out our online contact form.
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