Who Pays For Damage in a Car Accident in Florida?
If you were in a car accident in Florida, you may be wondering who pays for the damages. Florida is a no-fault state, making this more confusing. Unlike other states, each driver pays for their own damages with their car insurance policies. Every driver in Florida must carry personal injury protection (PIP) insurance to help. For any costs not covered by your own insurance, you may be able to file a third-party claim to seek the full measure of your damages.
At High Stack Law, we help you navigate the complexities of a car accident and the damages you are entitled to. Our experienced attorneys help clients get the compensation they deserve from their own insurance company or another party responsible for the accident.
What Is No-Fault Insurance?
Florida is one of several states that utilizes a no-fault insurance law. This means that every Florida driver must carry insurance that covers their own medical bills and car repairs, up to a particular amount.
Florida Statutes § 627.736 requires each driver to carry personal injury protection (PIP) and property damage coverage. It requires each to cover up to $10,000 in damages. This can help cover:
- Medical expenses
- Lost wages
- Other related costs
Property Damage Liability
Property damage liability (PDL) coverage exists to cover another person’s property damage if the driver is at fault for an accident. The minimum coverage requirement is $10,000, but many drivers elect to carry higher levels of coverage that may be available to help pay for your damages.
When Does the Other Driver Have to Pay for my Damages?
Despite the no-fault system in Florida, there are many situations where the other driver or other third party is financially responsible.
Claims Against the At-Fault Driver’s Insurer
You may be able to hold the other driver’s insurance company responsible for your costs that exceed your PIP and property damage coverage. This might include your deductible and your car repair costs. Other damages that might be available include:
- Past and future medical costs
- Lost wages and diminished earning potential
- Pain and suffering
- Loss of companionship and support
- Wrongful death damages if a person passed away from the accident
If the driver does not have insurance, or does not have enough, you can often file a claim directly against that other driver’s personal assets.
Third Parties
If another party somehow caused or contributed to the car collision, you could be able to hold them liable for the costs. These parties might include:
- A mechanic who did negligent work
- A car part manufacturer who used faulty parts
- Other drivers who did not follow traffic laws
- Governmental entities who failed to fix broken traffic control signals or road conditions
This page cannot cover every scenario, so it is always best to consult a Florida car accident attorney for questions about your specific case.
Time Limits for Filing Car Accident Claims
There are specific time limits that apply to car accident claims. First, you must consider your own insurance company’s deadlines for filing a claim. It is usually best to notify your insurer immediately after an accident to avoid missing their deadline.
Florida Statutes § 95.11 sets a two-year statute of limitations, or filing deadline, for car accident cases. This is shorter than the four-year limitations period that existed prior to 2023. If your claim is against a governmental entity, your time limitation may be even shorter.
Seek Assistance from an Experienced Brevard County, FL Car Accident Attorney
Florida’s no-fault law is confusing for many injured drivers. It can seem counterintuitive to have to pay a portion of your own costs. However, serious injury cases often give you the opportunity to file a claim for damages from third parties who caused your accident.
The car accident attorneys at High Stack Law are ready to help. Contact us today for a free consultation of your case.