Important Florida Car Accident Laws

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Individuals who were involved in a car accident in Orlando may wish to file a lawsuit. In these cases, it is important for accident victims to be aware of different Florida laws which may play a role in the Orlando auto accident lawsuit. Victims should be aware that Florida is a no-fault state, meaning that they must first attempt to recover financial compensation through their own insurance. Other important Florida car accident laws include car insurance laws and the statute of limitations.

If you’d like to speak with our Orlando auto accident attorneys, call 888-818-1439.  We can answer all of your questions at no cost.

No-fault State

Perhaps the most notable Florida car accident consideration is that Florida is a no-fault insurance state. This means that accident victims must first attempt to receive compensation from their own car insurance before attempting to earn compensation from other parties. This rule applies regardless of which party was at fault for the cause of the accident.

Outside the No-fault System

There are limited occasions for which Florida will accept a claim out of the no-fault insurance system. In these cases, injured individuals may be able to file a personal injury claim against the other driver or file a claim with the insurance company of the other driver. However, this is typically only permitted in cases of permanent injury or permanent and significant disfigurement or scarring.

Florida Car Insurance Laws

Florida laws require certain types of car insurance for certain types of drivers. Due to the fact that Florida is a no-fault state, all vehicle drivers must carry car insurance that offers payment for personal injury protection (PIP) benefits. PIP benefits are in place to cover medical expenses for accident victims, along with certain non-medical costs. These non-medical costs may include lost income due to missed work or the cost of hiring help around the house due to an inability to perform these daily functions.

Florida PIP Requirements

Florida requires that all vehicle drivers carry at least $10,000 in personal injury protection (PIP) coverage. Additionally, drivers must carry at least $10,000 in property damage liability (PDL) coverage. A number of other states require that drivers carry bodily injury liability (BIL) insurance, but Florida does not. BIL coverage pays the costs of injuries to other individuals involved in the accident.

Car Accident Statute of Limitations

Florida’s auto accident statute of limitations is also an important consideration for those who wish to file an auto accident lawsuit. A statute of limitations is a time window that each state gives victims to file a lawsuit over certain issues. If this time window passes, the accident victim typically loses any ability to earn compensation through the legal system. In the case of an auto accident, Florida’s property damage and personal injury statutes of limitations apply. These are generally four years from the date of the accident.

Additionally, it’s important to understand the usual aftermath of an auto accident in order to grasp the impact that an auto accident can have.

 

Sources:

http://archive.flsenate.gov/data/publications/2006/senate/reports/interim_reports/pdf/2006-102bilong.pdf

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0627/Sections/0627.736.html

Paul Perkins
Paul Perkins
Mr. Perkins concentrates his practice in the fields of personal injury and insurance law. In his daily practice, he handles claims involving automobile accidents, slip and fall accidents and wrongful death claims. His insurance practice involves homeowners insurance claims, business insurance claims and automobile damage claims that arise when an insurance company handles the claim improperly.