Being involved in a car accident, even a minor one, can leave you feeling confused and more than a little rattled. Protecting your legal rights probably isn’t the first thing that pops into mind. You’re probably focusing on injuries and vehicle damage.
With an estimated 403,626 car crashes in Florida in 2018, and numbers not decreasing, your chances of being involved in a vehicle collision are greater than you probably think. This means it’s a good idea to know what to do immediately after a car collision. The steps you take can make a difference in whether or not you can recover compensation.
Understanding Florida’s Insurance Laws
The Sunshine State follows no-fault insurance guidelines. This isn’t to say no one is ever at fault for causing a car accident. Instead, Florida requires everyone involved in a vehicle accident to file a claim with their personal injury protection (PIP) provider.
All drivers with vehicles registered in Florida must carry at least the state’s minimum PIP insurance requirements:
- $10,000 in personal injury protection
- $10,000 in property damage liability
Your PIP insurance covers damages like your medical expenses and even lost income. How much your insurance covers depends on your policy’s cap. All PIP policies have caps so if your damages exceed the cap, your insurer probably isn’t going to pick up the remaining costs. PIP also has an automatic cap that only pays up to 80% of your medical damages and lost earnings.
Even in a best-case scenario, you’re still going to be left with at least 20% of your damages unpaid. If you’re only carrying liability insurance, all property damage costs are your responsibility. If you have full coverage, your policy dictates what you can include in your claim.
Navigating Modified Comparative Negligence
Florida is also a modified comparative negligence state. In a nutshell, this means more than one driver can be responsible for causing the same accident. Each driver is assigned a percentage of fault. As long as you’re not more than 50% responsible for causing the accident, you can still file a claim against the other at-fault driver.
However, your compensation amount is going to be reduced by your percentage of blame. So, if you’re 25% responsible and your claim’s value is $100,000, your settlement check will be for $75,000.
Protecting Your Legal Rights After a Car Accident
Okay, so you know your PIP coverage is responsible for paying out some of your damages, up to 80%. This usually means you have losses that aren’t covered by your policy. This is usually when you can file a claim against the other driver’s insurance for your remaining damages.
However, since modified comparative negligence can come into play, you want to take some steps to protect your legal rights. To help you improve the odds of success in your case, here’s a look at what you should do after a car accident in Florida.
Assess Your Injuries and Property Damage
Before you hop out of your vehicle, assess your injuries. Do the same for any passengers in your vehicle. The last thing you want to do is delay medical care if you suffer serious injuries. If everyone is relatively unharmed, carefully exit your vehicle.
If your vehicle is blocking traffic, and it’s still drivable, try to move to a safer location like the side of the road or a parking lot. Take a walk around your vehicle and make note of any damage. Grab your cell phone and snap a few pictures of any dents, dings, and other damage caused by the accident.
Call the Authorities
According to Florida law, all accidents resulting in injuries, fatalities, or property damage exceeding $500 must be immediately reported. This means staying at the accident scene until the authorities arrive.
Since even a minor repair can easily run over $500, it’s usually best to report any traffic accident as soon as it occurs. This way you don’t have to worry about getting hit with a potential leaving the scene of an accident charge.
You’re also going to need a copy of the accident report to file an insurance claim. Your report is usually ready for pickup within about ten business days.
Document the Accident Scene
The authorities are going to document the accident scene, along with the insurance adjusters. So, if your injuries require immediate medical care, don’t worry about gathering any evidence. However, if possible it’s not a bad idea to play a little at being a detective.
After you’ve snapped a few pictures of your vehicle damage, take some of your visible injuries. Go ahead and snap some pictures of your passenger’s injuries, if applicable. Remember, your PIP insurance is who’s responsible for covering their medical costs.
Look around for any surveillance cameras that may have captured the accident. This applies to red light cameras. If possible, try to get some pictures of where your vehicle ended up after the accident.
The vehicle’s position can help establish liability, especially if modified comparative negligence applies. You don’t want to be assigned more than your fair share of the blame.
Calculate Your Damages
This is when it can get a little confusing. Remember, essentially you’re filing two claims for the same accident.
You start with your PIP provider and what’s not covered by your policy can usually be included in your personal injury claim. This is the claim you’re filing against the other driver for your remaining damages. So, what types of damages are typically included in a personal injury claim?
Most claims include remaining medical costs. If you have lost income, including future earnings, this can also be listed as damage. Don’t forget about property repairs or replacement costs. If you’re only carrying liability insurance these damages aren’t covered by your provider.
You may also have non-economic damages like pain and suffering. PIP doesn’t cover non-economic losses so you’ll need to rely on your personal injury claim to recover these types of damages.
Ensuring Your Legal Rights are Protected
Florida’s insurance guidelines can be complicated and this is before you start trying to calculate your damages. To help ensure you can receive fair compensation, it’s usually best to work with an experienced Florida accident lawyer.
