Nearly 700,000 police-reported automobile accidents happen annually at stop signs. About one-third of these accidents involve injuries. Would you know what to do or how to file your car insurance claim if this happened to you?
Car accidents can alter your life and your ability to make a living. Under Florida law, victims have recourse, but you must act quickly to receive the money you need to restore your life.
Understanding how the system works and being proactive in safeguarding your rights are important. There are several things you need to know when you are in an accident. Here are a few key facts you will need when filing car insurance claims in Florida.
Do So Immediately After Your Accident
The first thing to remember is that, under Florida law, you must call the police and wait at the site until they arrive. Do not leave following an accident that causes injury or serious property damage. The only exception is if you need to go for emergency medical treatment.
Make sure the area is safe before dialing 911. Take pictures of the incident and any property damage or visible signs of injury while you wait for the police to come. Gathering evidence from the accident scene is crucial to building a compensation claim.
Florida law requires you to share insurance and contact information with the other driver or drivers concerned. You should also gather the names and phone numbers of any witnesses.
It’s important to limit your remarks at the scene and focus on the facts. Anything that could be interpreted as an admittance of fault, even an apology, might be used against you to deny your claim.
Florida is a No-fault State
For car accidents, Florida is a no-fault state. This means you must first look to your insurance policy for compensation for accident-related expenses. Personal injury protection, or PIP, is needed in Florida. It provides up to the policy limit for medical expenses and lost income for you, members of your household family, and any passengers who don’t have PIP coverage.
PIP has two significant drawbacks. First, there is a policy restriction. In Florida, the minimum is $10,000, with the option to buy more. Second, non-economic damages, such as suffering and pain, are not covered by PIP.
You must meet the injury threshold to step outside the no-fault system and file a third-party lawsuit or responsibility claim. Any injury that results in physical scarring or deformity, the loss of body functions, or other lasting harm, meets the injury threshold. This includes fatal injury, as well.
When filing a car insurance claim, please remember that these limitations only apply to the compensation you get for your injury. Damage to your car and other personal property covers on an at-fault basis. You can always submit a third-party claim or a civil action lawsuit.
Florida is a Pure Comparative Negligence State
Understanding auto insurance laws will go a long way toward helping you with filing your claim. Comparative negligence is a legal principle for disbursing damages, or financial compensation, in cases where many parties are to blame for an accident. In an automobile accident, each party is liable for a percentage of the damages based on their amount of fault.
If you are to blame for some of your injuries, you can file a claim and receive compensation for the amount that was not your responsibility. If you are 95% at fault for the incident, you can still claim damages for the 5%, but this can be a challenge.
Understand the Requirements for Car Insurance Claims in Florida
Most drivers in Florida need to have two types of insurance coverage for filing car accident claims. Personal injury protection, or PIP, covers medical costs and lost income for you and members of your household in the event of a car accident.
Passengers in your vehicle that don’t own a car, or do not have insurance, are likewise protected by your PIP. If they have insurance, their coverage is under their policy, not yours. Florida drivers must carry at least $10,000 in personal injury protection (PIP) coverage.
In an accident that you cause, property damage liability (PDL) provides coverage for someone else’s automobile or other personal property. If another driver causes an accident, their PDL will pay your property damage. Motorists in Florida must carry a minimum of $10,000 in property damage liability coverage.
As a result, if you and the other driver both have the state’s minimal coverage, your injuries will only receive coverage for up to $10,000. This amount won’t get you very far if you have a serious injury, so there are optional types of coverage that can cover these injuries.
Policy Limit
Up to the policy limit, bodily injury liability (BIL) will pay for death or injury caused by you in an accident. If you receive injuries in a car accident caused by another motorist, and that person has BIL coverage, your injuries should receive coverage by their policy. Because BIL is elective insurance for most Florida drivers, excluding those who have been in catastrophic accidents or charged with certain traffic offenses, you can’t rely on it to cover your injuries.
Uninsured or underinsured motorist coverage (UM/UIM) replaces the other driver’s liability coverage if they don’t have it, or have insufficient coverage to compensate for injuries they caused you. If you get struck by a hit-and-run driver who is never located, UM will cover you. In Florida, this is a choice for a driver, the insurance company should provide it to you.
Other Insurance
Other insurance might be capable of paying for your damages depending on the facts of any individual accident. For example, if you get struck by a commercial vehicle, the company that owns the vehicle is likely to have liability coverage with a much higher amount to protect its assets.
The manufacturer can be held liable if your accident is caused by a defective car. One of the reasons it’s advisable to hire a car accident lawyer to assist you with your claim is because of this. An attorney can look into your accident and look for all applicable insurance that might cover your claim.
Filing Insurance Claims Can Be Stressful
Filing car insurance claims can feel overwhelming, but with the correct information, you can rest assured that you will get back to your life sooner rather than later. Know the laws and keep up on your policies.
If you need a place to start, we can help you. Request a quote, or check out our blog for more helpful information pertaining to all of your insurance needs.
LEGAL DISCLAIMER
Views expressed here do not constitute legal advice. The information contained herein is for general guidance of matter only and not for the purpose of providing legal advice. Discussion of insurance policy language is descriptive only. Every policy has different policy language. Coverage afforded under any insurance policy issued is subject to individual policy terms and conditions. Please refer to your policy for the actual language.
