Can I Sue If I Have An Auto Accident While On Vacation In Florida?
Michael Babboni
Car Accidents
They don’t call us the “Sunshine State” for nothing. With an average of 237 days of sunshine and over a thousand miles of coastline, Florida is a prime vacation destination. If you come and visit our state on vacation, you’ll have a wonderful time. That is, unless you get into an auto accident. In that case, not only is your vacation ruined, you may not know what to do to protect yourself in an unfamiliar state. Here is everything vacationers need to know about what to do if they are in a Florida accident.What Steps Do I Need To Take If I Am Hurt In A Florida Auto Accident?
There are certain steps you need to take if you have been in an accident to help protect your rights:
● Accidents involving injury, death or property damage more than $500 you must contact the police and get a police report
● If you are not injured, you must offer “reasonable assistance” for anyone injured
● Exchange insurance and personal information of the other drivers.
● Get names and contact information of any witnesses
● Document weather and road conditions
● Take photos of the vehicles, the intersection, skid marks and area
● See a doctor
● Contact your insurance
● Contact a personal injury attorney
When being interviewed by the police, be truthful to the investigating officer but even if you feel some responsibility never assume any responsibility. You may feel responsible in some way but the facts may show you were not.
Be Aware Of Florida Auto Insurance Laws
Florida remains one of the few states with a comparative system. This means each person must carry $10,000 in personal injury protection (PIP) and $10,000 in property damage the state does not require Mandatory Bodily Injury Coverage on auto insurance coverage, which is pretty important since 1 in 4 Florida drivers do not have motor vehicle insurance. In February 2019 a bill was introduced to repeal the “no-fault” insurance laws. Since then, the House and Senate have considered a series of bills to eliminate no-fault but a repeal has not passed. A qualified personal injury attorney will be on top of these bills and information as it continues. Until then it is highly recommended that Florida drivers purchase Uninsured Motorist Coverage.
How Does A Florida Settlement Case Work?
In the case of an accident, you will contact your insurance company for settlement. But with property damage, you can pursue a claim against the insurance of the driver who caused the accident. The most important thing to remember is that if you seek a settlement it is up to you and your personal injury attorney to prove the other driver was negligent. Once this is proven, the injured driver agrees to a payment amount he and his attorney has discussed and agreed upon. Once you have accepted the offer of settlement you give up the right to seek any further legal action involving the accident. The steps listed above are vital in helping your attorney prove negligence on the part of the other driver.
What Is A Settlement Offer?
Most cases do not make it to court and if you have a qualified personal injury attorney on your side, they will look out for your best interests. While insurance companies cannot by law be unfair of deceptive, keep in mind, their primary job is to look out for the stockholders. This means giving you as little as possible. However, once they know you have hired a personal injury attorney, they will try to settle quickly and for more rather than having to go to court. The insurance company will want you to sign that release. Do not sign anything until your personal injury attorney and you are satisfied that the settlement will cover your damages that include future medical treatments, therapy and lost wages if you can no longer work.
What Is The Average Settlement In Florida For An Auto Accident?
While each individual auto accident is different. This is why there is no exact formula for determining a settlement, but several factors are taken into consideration. The settlement is usually calculated by the following factors:
● How badly you are injured
● Medical expenses, current and future
● Loss of wages, current and future
● Type of coverage both drivers have
● The amount of evidence you provide
● How much you were at fault
● Most importantly how well is your personal injury attorney able to argue your case.
In order to get fair compensation for your Florida accident, you’ll need an experienced attorney. The St. Pete’s Lawyer is known throughout Southwestern Florida for winning accident cases and getting our clients the compensation they deserve. If you are injured in an accident while on vacation to our great state, we can help you too. Give us a call at 727-381-9200 or chat with us on our website for a free consultation.