Seeking Compensation? Here Are a Few Things You Should Know
Michael Babboni
Personal Injury
If you have filed a claim for compensation following an accident in Florida, then you have probably already filed a claim with your own insurance company under personal injury protection, or PIP, coverage. However, if the injuries and damage are more severe, then you will have to file a different claim in order to seek compensation.Florida Accident Compensation Laws
All laws regarding car accidents differ from state to state, so it is important to familiarize yourself with the laws in your current state before filing your claim for compensation following an accident.
- Statute of Limitations
The Statute of Limitations for an automobile accident in Florida is four years from the date of the accident. - Damage Limits
Any non-permanent injuries are covered by Florida’s PIP insurance laws and no other limits exist.
No-Fault and Comparative Negligence
Florida is just one of a few states that employ no-fault car insurance and compensation laws. The no-fault insurance is why you must first file the claim with your own insurance company under PIP coverage to cover the injuries resulting from the accident.
When the injuries and damages are more severe, however, you can then file the claim against the other driver involved, and if you have to, you can then file a lawsuit for the damages and injuries sustained due to the accident.
Florida is a pure comparative negligence state when it comes to determining who is a fault in the accident. This means that if the case does end up going to trial, the jury will compare and calculate percentages of fault for each driver involved and will then reward the compensation for the damages accordingly.
For example, if Driver A was found to be 40% at fault for the accident, then their compensation for the claim will be limited to only 60% of the damages incurred.
Should You Get an Attorney?
If you have been involved in an accident and want to ensure that you are receiving the compensation you deserve for the damages resulting from the car accident, then it may be a good idea to seek the help of an attorney to help you through the process.
An attorney will be able to guide you through the process and explain the laws regarding compensation for claims within the state of Florida. They can also help you gather and provide proper evidence to help prove your case further.
The insurance companies are only looking out for their own interests, but an attorney is focused on their client and obtaining what the client deserves, especially when the accident involved any type of injury.
Even just attending an initial consultation with an attorney will give you a better idea of what you can expect from your particular case when it comes to the overall anticipated success rate and the likelihood of receiving any type of compensation due to the damages and injuries.
Options Available When Seeking Compensation
There are a few options available to you if you are seeking compensation for damages due to an automobile accident. These options include property damage and how you are going to get your vehicle fixed.
Some policies in Florida have what is called Comp and Collision Coverage. While it is not required in Florida, if you have it you can file a claim with your insurance company with it. However, most comp and collision coverage will come with a deductible amount that you will first have to pay before the damages on the vehicle will be addressed and fixed.
If there were injuries as well as property damage, you could also elect to file a bodily injury claim against the other driver, if they have that kind of insurance. Again, it is not required in Florida, and some policies do not have it.