Can You Sue in Florida for a Car Accident?
Yes, you are allowed to sue in Florida for a car accident. Despite being a “no-fault” insurance state, there are many situations where you have an independent ability to file a personal injury claim. This is especially true when your insurance does not cover the entirety of your damages after a serious accident. Every Florida driver is required to cover themselves with no-fault insurance, making many people think they cannot sue. But under the right circumstances, they certainly can.
At High Stack Law, we explain when you can sue in Florida for a car accident. Our team has decades of experience representing car accident victims and we will put that experience to work for you.
No-Fault Insurance and Its Impact on Your Right to Sue
Florida utilizes a no-fault insurance law, as do many other states. This means that every Florida driver must carry insurance that covers their own car repairs and medical bills up to a specific amount. Florida Statutes § 627.736 requires each driver to carry personal injury protection (PIP) and protection for property damage.
Drivers must carry at least $10,000 in coverage each for personal injury and property damage. This helps to cover their own medical expenses, lost wages, and other related costs. Although the minimum coverage amount is $10,000 for both, many drivers pay for additional coverage because of the risks associated with not doing so.
When You Can Sue for a Florida Car Accident
The no-fault insurance system is designed to prevent the need to file a legal claim over a relatively small accident. In states with a fault-based insurance system, this is what they have to do.
Even in Florida, however, you have the independent right to sue the negligent party under several circumstances. This is especially common in situations with expensive property damage or serious bodily injury.
Personal Injury Claims Against the Other Driver
In several serious accident cases, you can pursue damages directly from the other driver. Once you have exhausted the $10,000 minimum threshold of your own PIP, you have the right to file a claim against the at-fault party. The same may be true if you have a “serious injury” as that term is defined by Florida law. When this happens, the personal injury lawsuit proceeds like any other personal injury claim.
This means that you must prove the other driver was at fault for the accident and caused your injuries. A personal injury claim seeks compensation from the at fault driver and helps you recover financially from the accident. This seeks damages such as, but not limited to:
- Past and future medical costs
- Costs of rehabilitation
- Lost wages and lost earning capacity
- Property damages
- Pain and suffering
- Loss of companionship and support
- Punitive damages (in limited cases)
Lawsuits Against the Other Driver’s Insurance
If the other driver has automobile insurance coverage besides their PIP, you can seek compensation through a claim against that insurance as well. There are several ways to do this. One, your respective insurance companies may work it out between themselves. Second, you and your attorney can file a direct claim with the at-fault party’s insurer.
Another option is to name that driver’s insurance company as a party to the personal injury lawsuit. This can be an effective way to ensure you seek compensation from all potential pools of recovery.
Speak with a Florida Car Accident Attorney About Your Case
Understanding the complexities of Florida’s at-fault system can seem complicated at first. However, you never have to do this on your own. You can file a personal injury lawsuit against the negligent driver with the help of an experienced attorney. Let the car wreck lawyers at High Stack Law assist you. Contact us today for a consultation of your case.