The Definitive Guide to Florida Car Accident Laws
The laws governing auto accidents in Florida should be thoroughly understood by all Florida drivers. As well as preventing future car accidents, familiarizing themselves with these laws will also provide drivers with information regarding liability and compensation in the event that a car accident occurs. In addition, millions of motorists are on Florida roads every day, and accidents occur regularly, so understanding what to do after a car accident and how the law may affect a claim is imperative. The following is what Florida drivers need to know about the applicable legal guidelines in Florida concerning car accidents. The facts about Florida car accident laws are very helpful for new drivers or for those who completed a driver education course years in the past.
Abrahamson & Uiterwyk’s team of attorneys located throughout the Tampa Bay area are prepared to examine your case and provide guidance. Visit one of our bay area offices to find an attorney skilled in Florida car accident laws with extensive local experience.
- Tampa Car Accident Lawyers
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- New Port Richey Car Accident Lawyers
- Palm Harbor Car Accident Lawyers
- Sarasota Car Accident Lawyers
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- Town ‘n’ Country Car Accident Lawyers
- Brandon FL Car Accident Lawyers
Florida Car Accident Insurance Laws
It is important to remember that Florida is a “no-fault” state, which means that each person’s insurance company is responsible for covering their own accident expenses, regardless of who was at fault. By filing a lawsuit for personal injury, victims may be able to recover additional damages if an accident causes more damages or injuries than their insurance policy covers.
According to Florida Statute 324.021, all motor vehicles registered in the state are required to have a minimum amount of insurance coverage of $10,000 to cover any damage they may cause. The minimum coverage requirement is referred to as PIP insurance, which does not constitute full coverage. Although this law exists, not all motorists adhere to it. Florida Highway Safety and Motor Vehicles reported over 503,000 suspensions of financial responsibility in 2011-12. Due to this, more than half a million motorists have had their driving privileges suspended as a result of driving without adequate insurance or without having any insurance at all.
Drivers should immediately report any accident to their insurance company. Upon receiving all the information detailed in the crash report or any existing police report, the driver’s insurance company will determine fault for the accident.
Florida Car Accident Laws Pertaining To Reporting Car Accidents
While driving on Florida roadways, drivers are always at risk of being involved in a car accident, even if they are practicing proper road safety tips. As a result of this, drivers may wonder what their legal obligations are. In Florida, if any of the following occurs, drivers are required to report the accident to the Florida Highway Patrol, sheriff, or local police immediately:
- Death or injury
- Hit & run accident
- Accident caused by intoxication
- Property damage is worth more than $500
The Department of Motor Vehicles (DMV) must also be notified within 10 days of the accident if a driver is involved in a car accident in Florida.
It is mandatory for drivers to remain at the scene of the accident if there have been injuries or damage to property. Additionally, all parties must exchange information (name, address, registration number of vehicles involved). Despite not being required by law, drivers should also write down the names and contact information of any witnesses who saw the accident occur. In addition, weather conditions and road conditions are other important details that should be noted.
Be sure to take pictures of all vehicles involved in the accident so that the driver’s insurance company can receive them with the accident report. There should not be any admission of fault on the driver’s behalf, or any explicit blame placed on the other driver in the report.
Florida Car Accident Laws Pertaining To Comparative Fault
In Florida, there is a system known as “pure comparative fault” under which a driver may be able to recover damages even if they bear some of the fault for their injuries. Thus, even if both drivers are found to be responsible for an accident, the driver may still be able to file a claim with the insurance company.
According to Florida negligence law, “contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and noneconomic damages for an injury attributable to the claimant’s contributory fault, but does not bar the claimant from recovering.” Therefore, drivers are still able to recover 20% of their damages from the other party even if the jury found the driver to be 80% at fault for the accident.
When broken down in terms of dollar signs, when an individual is found to be 70% at fault, and the total damages are worth $10,000, the driver is still entitled to 30% of the total amount. Therefore, the driver can file a claim to obtain $3,000, which is the 30% owed to them after determining comparative fault.
Car Accident Statute Of Limitations In Florida
The first priority after being involved in a car accident in Florida is obviously to obtain medical treatment for a driver’s injuries and to arrange vehicle repair. In the aftermath of a car accident, after dealing with the immediate problems of recovery, it can be difficult to focus on pursuing financial compensation from the driver or party at fault for the accident. It is important to note, however, that the driver has a limited period of time in which to file a lawsuit in order to pursue a car accident claim. This period is set forth in Florida’s Statute of Limitations. If the driver does not file their claim within the statute of limitations period, they will be forever barred from pursuing their claim.
Call Us to Discuss Your Florida Car Accident Injury
If you’ve been injured in a car accident, you owe it to yourself to find excellent legal representation. We’ve helped thousands of clients recover hundreds of millions of dollars over the past 30 years.
We can’t represent everyone, but we help everyone we can. Call us for a free consultation. We’ll review your case and let you know if we can give you the legal representation you deserve.
What Our Happy Clients Say About Us On Google:
Car accidents are probably one of the scariest and unexpecting times of our life. I received a referral from a friend for Abrahamson & Uiterwyk and I’m beyond glad I did. I called them while I was in the hospital and they walked me through the entire process along with my legal rights for care.Lori S.
The legal team stood by me, checking in to see how I was doing until my case closed.
I could not have been more pleased with the professionalism and care that they showed during such a difficult time.
I would highly recommend Abrahamson and he would be the first call I make if I need someone again.
Florida Injury Case Types
The highly-experienced Florida personal injury law firm of Abrahamson & Uiterwyk provides:
- Car accident lawyers in Florida
- Guide to Florida Car Accident Law
- Motorcycle accident lawyers in Florida
- Slip & fall lawyers in Florida
- Truck accident lawyers in Florida
- Bicycle accident lawyers in Florida
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