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The Florida Car Accident Guide was created by Layman Law Firm as an important resource for any resident of Brevard County who has been seriously injured in an automobile wreck. Let us help you obtain the compensation you deserve.
Don’t fight this battle alone. Our experienced Brevard County car accident attorneys will guide you throughout the entire process and help you obtain the full compensation you deserve.
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When you pursue compensation, you need to know to take these three essential steps:
- Seek immediate medical attention
- Collect evidence
- Hire a lawyer
You need to make sure that you are getting your injuries tended to so that you can start getting better as soon as possible. It is important that you treat your health as the top priority here. It is important that you get to a doctor as soon as you can and do not delay getting there.
Collecting evidence can either be done by yourself or by someone helping you out. That could be a friend, a family member or your lawyer. You want to get photos and videos of the cars involved and the whole wreck scene. You also should get the contact information from witnesses and the insurance information from the driver of the car who hit you.
An extremely important step is hiring a Florida car accident lawyer. When you are in need of compensation, the best person to have by your side is someone who has experience with these car accidents in Florida.
Avoid Talking to the Insurance Company for the Liable Party
It is important that you do not give a recorded statement. They are trained to get information from you that will make you seem like you are the one to blame for the accident happening. We strongly encourage you to get your lawyer to take over communication with the insurance company so that they can protect your case and your right to full and fair compensation. If they can get you to say even one thing wrong, they are going to be able to reduce or entirely eliminate your compensation.
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Florida Car Accident Statute of Limitations
Having a Florida car accident lawyer by your side is so extremely important because they will be able to keep you on track to get compensation. Something that you cannot do is wait to hire a lawyer. You are bound to the statute of limitations to get you the compensation you deserve. You have four years from the date of the car accident to bring your claim. If you are late for this statute of limitations, you are going to be barred from receiving compensation. If you wait to talk to a lawyer but you are within your statute of limitations, you may be at risk of your evidence disappearing and your witnesses forgetting important information.
How Florida Car Accident Compensation Works
Florida allows for a lot of leeway in terms of how much you can be compensated, if you are deemed at fault for your accident. Florida is a pure comparative negligence state which means you can get compensation even if you are 99% at fault for causing the accident. You will not be fully compensated, but you can get a partial reward. Your compensation will be based on your fault. If you are entirely at fault for the accident, you are not going to be allowed to collect a compensation award. Your lawyer will do everything in their power to protect you from getting blamed for the accident.
Frequently Asked Car Accident Questions
What Should I Look for in Hiring an Attorney to Represent Me in My Florida Auto Accident Case?
The most important thing to look for in an attorney to handle your Florida car accident case would be someone that specializes in car accident cases on a regular basis. There are a lot of attorneys out there that do a little bit of everything; someone who knows the ins and outs of car accident cases, however, is much more valuable as an attorney. You also want to look for somebody who is going to work hard for you and devote the time necessary to handle your case in the way it deserves.
Am I Required to Buy Auto Insurance in Florida If I Own or Lease a Car?
If you own a motor vehicle in the state of Florida, the only insurance coverage that the state requires you to carry are property damage liability and PIP. Property damage liability covers you if you crash into somebody and cause damage to their property, and PIP or no-fault benefits covers you if you were injured and required medical care and treatment as a result of that accident. Our firm always recommend purchasing uninsured motorist coverage, but you are not required to carry that coverage by law.
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Are There Alternatives to Going to Court in a Florida Auto Accident Case?
Are There Parties Other Than the At-Fault Driver Against Whom I Can Take Legal Action in a Florida Auto Accident Case?
There can be. Certainly, the driver of the vehicle that hit you is the first at-fault party to consider. In Florida, however, as a “dangerous instrumentality” state, you can also pursue a claim against the owner of that vehicle if the use of the vehicle was permissive. A driver’s employer might also be at fault, if the driver was working during the time of the accident. On your own uninsured motorist carrier (if there’s inadequate coverage from the at-fault party) you can also make an uninsured motorist claim.
Are Witnesses Important in Florida Car Accident Cases?
Witnesses are important to have in Florida car accident cases. Unfortunately, they are not always available, especially in cases where liability is a question or under dispute. If there are witnesses to the accident that will corroborate your version of what happened, that can be extremely helpful. If there are no witnesses and the claims are still valid, we can still present them to the insurance company, but witnesses help corroborate what happened at the scene of the accident.
Can I Be Found Liable in Florida If My Car Was Rear-Ended in a Car Crash?
In Florida, there is a presumption of negligence that if you were rear-ended, the person that crashed into your rear is negligent. That’s a rebuttable presumption, however; if there’s evidence to suggest that you stopped suddenly or in a place where you wouldn’t normally be stopping, then you could be found liable for causing the crash. The presumption, though, works in your favor if you are rear-ended, even if there are certain situations where you’re going to be found to be at fault as well.
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Can I Receive Money Even If the Florida Car Accident Was My Fault?
Florida is a comparative fault state. If you were found to be a hundred percent at fault for causing an accident, then you won’t be able to receive any damages for your injuries. However, if you were only a percentage at fault – say, 50%, 60% or 30% – you can recover damages less your percentage of negligence.
Can I Sue the Driver of the Car I Was Riding in If I Was Injured in a Florida Car Accident?
Can I Text at a Stop Light?
According to the new law in Florida that went into effect July 1, when your vehicle is stationary – i.e. sitting at a traffic light or in a parking lot or at a stop sign – you can text or use your phone.
Do I Have to Give a Recorded Statement to the Insurance Company in a Florida Auto Accident Case?
It depends on which insurance company is asking for the statement. There’s absolutely no requirement or obligation on anyone’s part to give a recorded statement to the insurance company for the person who caused the accident; and they will try to get those statements from you, I can assure you. You may have an obligation, pursuant to your policy of instance, to provide a recorded statement to your own insurance company or an insurance company that you might be making a claim on. We do not recommend giving a recorded statement unless you have an attorney present to assist you with that statement.
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Do I Need an Attorney for My Florida Auto Accident Case If the Insurance Company Seems to Be Cooperating?
That’s exactly the way the insurance companies work. They will befriend you and call to check on you and see how you’re feeling. When it comes time for them to write a check for your injuries, that’s when you realize that they’re not on your team. The other party’s insurance company is never advocating for your interests, and it’s important to make sure you’re adequately represented so that your interests are, in fact, advanced. Contact an attorney that is a specialist in handling automobile accident cases to represent your interests in those situations.
Do I Need to Contact My Insurance Company About My Florida Car Accident?
You need to let your insurance company know that you’ve been involved in an accident so that a claim can be set up. This way, if there’s a collision type of claim that’s being presented or a PIP no-fault claim that’s being presented, your bills can be processed, your property damage claim can be presented and paid, and you can get the ball rolling to get you down the road.
How Am I Supposed to Get Back and Forth While My Car Is in the Shop After a Florida Car Accident?
How Long Will It Take to Get Money in My Florida Auto Accident Case?
If your doctor has indicated that you’ve sustained a permanent injury as a result of a car accident in the state of Florida, a whole host of damage categories are opened up to you, pursuant to the Florida statutes. Those types of damages, oftentimes referred to as pain and suffering damages, include such things as mental anguish, aggravation, and inconvenience. Anything that you can’t put a calculator to (referred to as pain and suffering damages) is an option if you’ve sustained a permanent injury as a result of your accident.
How Much Is My Florida Auto Accident Case Worth?
There are many, many factors that go into assigning value to a car accident case – the facts of the accident, the nature of the way the accident occurred, and who is at fault. The amount of your medical bills and whether you have health insurance and/or PIP or Med Pay type coverage to offset those bills also factors in. The type of injury you sustained can also be a part of the equation. All of these types of things will go into trying to figure out the value of your case, along with how much coverage is available. You may have the most severe injury the world’s ever seen, but if only limited coverage is available in your case, that’s also going to impact the ultimate value and settlement of that case.
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How Quickly Should I Contact an Attorney Following a Florida Auto Accident?
It’s important to contact an attorney as quickly as possible after you’ve been involved in a car accident in the state of Florida. By contacting an attorney right away, you will have limited exposure to the insurance company; they won’t be able to contact you once you’ve retained an attorney. Additionally, the attorney’s office will be able to assist you in getting the claim set up, as well as beginning this information process by the insurance company, including property damage issues and medical care and treatment.
I Have Prior Injuries. How Will This Impact My Car Accident Claim?
Many people that have been involved in car accidents have a history of prior conditions and injuries. Florida law, however, takes this into consideration and provides instruction that state that you are entitled to exacerbations or aggravations of preexisting conditions. Although the award may not be the same as if you had a brand new acute injury, there is compensation that is awarded for people that have these preexisting conditions that have been aggravated or exacerbated by a car accident.
I Loaned My Car to a Friend Who Was Involved in a Florida Car Accident. Am I Liable If My Friend Was At-Fault?
If you gave permission for the person to use the vehicle, however, then you as the owner will be 100% liable for any injuries that result from the accident.
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I Was Rear-Ended by Two Different Drivers. Can I Recover Against Both of Them?
Most likely, you can. If you were rear-ended simultaneously by one driver, and then the next driver came in and pushed that first car back into you, you most likely will be able to recover against both of the people that ran into the rear of you. The question becomes if a jury could separate the degree of damages caused by the first collision and the second collision. If they can’t separate what’s caused from the first impact and the second impact, Florida case law has held that both drivers are equally responsible for the entirety of your injury.
I Feel Fine or Okay After a Car Accident. Should I Still See a Doctor?
Yes, it’s advisable to see a doctor as soon as you can following an accident, even if you feel fine. There could be latent injuries that you’re not aware of, and you won’t know that until you go to a medical care provider to get checked out. Even if you feel fine, it is advisable to seek some type of treatment so that you get at least reassurance or confirmation that you don’t have an injury. Obviously, if you do have an injury that is detected by your medical care provider, then they can put you on the appropriate course of treatment.
If I Get Injured in a Florida Auto Accident, but Do Not Have Insurance, Can I Still Sue and Recover for My Injuries?
If you are injured in a car accident in the state of Florida and don’t have your own auto insurance coverage, that’s no prohibition against you making a claim against the person who actually caused the accident. That being said, if you don’t have insurance coverage, then you wouldn’t have PIP benefits available to you or any uninsured motorist coverage or collision coverage, for that matter. You would still be able to present an injury claim against the at-fault party and their bodily injury coverage, however, if they had that coverage.
If I Miss Work as a Result of a Florida Car Accident, Can My Lost Wages be Recovered?
You have the ability to collect lost wages under your PIP or no-fault policy. Your PIP no-fault policy will pay 60% of your lost wages, pursuant to the terms of your policy. Additionally, you can also claim lost wages against the at-fault party’s insurance company or your UM carrier, as the case may be, and make your lost wages and/or your lost future earning capacity an element of your damages.
If I Win My Florida Car Accident Case, How Long Does It Take to Get My Money?
If you have a car accident case and you settle with the at-fault party’s insurance company or your own uninsured motorist company, by statute they have 20 days to get the settlement check to you, unless an alternate agreement was made at the time of the settlement. That being said, there may be other delays, depending on how quickly the medical bills can be ascertained or if any reductions on those liens or bills need to be taken into consideration. Otherwise, the check will arrive and be in your attorney’s possession within 20 days of a settlement.
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If My Seat Belt Was Not Buckled When the Driver of the Car I Was Riding in Caused an Accident, Can I Sue for Damages?
Yes, you can present a claim for your damages against the driver of the vehicle you were riding in. The fact that you were not wearing a seat belt or the seat belt wasn’t buckled will come into play, however, as comparative negligence on your part. As a result, the extent of your damages or injuries that you might have sustained will be reduced, potentially, by the percentage of fault assignable to you for not having that seat belt buckled.
Is It Against the Law in Florida to Text While Driving?
My Memory of the Accident Now Conflicts with Things I Might Have Said at the Time of the Accident, Can I Still Win My Florida Car Accident Case?
Although your case is not necessarily lost if the account of what happened today is different from what you gave in a recorded statement early on, it significantly complicates things. This is why it is very important to make sure that you do not give a recorded statement unless you’re accompanied by an attorney. A conflicted statement is not necessarily fatal, but it makes things a lot more difficult, which is why it’s important to not give a statement when you’re not required to do so and to always be accompanied by an attorney when you do give a statement.
My Physician Determined That My Injuries from My Florida Car Accident Are Permanent. How Can I Protect My Future?
In order to recover less tangible damages, such as pain and suffering, aggravation, and inconvenience, a doctor or a physician has to indicate that you’ve sustained a permanent injury. If you indeed have sustained a permanent injury and your doctor has confirmed this, you need to make sure that you’re getting adequate compensation for those injuries since there could be a long-term effect involved. That’s why it’s important to have an attorney that’s familiar with these issues that can assist you in making sure you get the compensation you deserve.
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Should I Accept a Check from the At-Fault Driver or Their Insurance Company After My Florida Car Accident?
Generally speaking, it’s not advisable to accept a check from the insurance company or the at-fault driver. The reason is they are typically trying to resolve a case and float a check to you to dispose of your case before the full extent of your injuries may be realized. If an insurance company comes knocking on your door trying to hand you a check for a few hundred dollars and the extent of your injuries is not realized yet, you may be settling your case short of what the real value of that case may be.
Should I Go to the Doctor After My Florida Car Accident?
It’s always advisable to go to the doctor’s office and get checked out by a licensed physician if you’ve been involved in a car accident here in the state of Florida. People that have been in a serious car accident are not going to need to be prompted to go to the doctor; they are going to go to the hospital or go seek emergency treatment. People, however, that might have been involved in a less significant accident might avoid going to the doctor because they think that they’re okay or that the passage of time might heal them. In Florida, it’s very important to go to a doctor as soon as possible, however, because there’s a 14-day rule, according to our no-fault law. This law states if you don’t go to the doctor within 14 days of your crash, then you won’t be able to open up your PIP benefits and have that available to you to pay your medical bills.
Should I Provide Statements to My Insurance Company and the Insurance Company of the Driver Who Hit Me?
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Should I Release My Medical Records to Another Driver’s Insurance Adjuster After a Florida Car Accident?
It is never a good idea to give your medical records or give an authorization for those medical records to the at-fault party’s insurance company. What the insurance company will try to do is pour through those records and make you a lowball offer to resolve the case. When a claim is presented by an attorney, the medical records are part of the demand package that is sent in, but they are presented in such a fashion that the value of your case is maximized.
The Car Accident Was the Other Driver’s Fault. Can I Just Settle It Myself Without an Attorney?
You can always settle your own car accident case with the other person’s insurance company, but you do so at great risk. The reason being is that most people that have been involved in a car accident do not realize what their case is worth. I can assure you that the insurance companies are going to try to beat you down and pay as little as possible to resolve your case. It is important to have someone in your corner that knows the ins and outs of the laws and your injuries, and who is going to be able to fight for you to get the compensation that you deserve.
The Driver Who Hit Me in a Car Accident Said He Had Full Coverage. Am I Covered?
That’s a tricky question because many people think that because they have their vehicle insured that they have full coverage. There are many misconceptions about full coverage in our state because Florida only requires drivers to carry property damage liability and PIP; there’s no requirement whatsoever to carry bodily injury coverage. Just because someone who hit you says they have full coverage, does not mean it is going to be the type of coverage that we would look for to compensate you for your injuries. This is all the more reason to purchase uninsured motorist coverage to protect yourself in these instances.
What Documents or Evidence Should I Bring to My Attorney Following My Florida Car Accident?
When you meet with an attorney following a car accident in the state of Florida, you should bring everything that relates to the accident – any pictures of the scene that you may have taken, pictures of your wrecked motor vehicle that you might have in your possession, and any medical records that you might have acquired from the time of the crash until the time of the consultation. You will also want to bring any letters that you’ve received from any insurance companies, any telephone numbers and addresses of adjusters, and a copy of your insurance policy, if possible.
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What Does Property Damage Liability Cover in Florida and Under What Circumstances?
Should I give a recorded statement to the other driver’s insurance company?
It might be, depending on what you said in that statement. That’s why it’s always advisable not to give a recorded statement to the insurance company unless an attorney is present with you, because you could ultimately say things in your recorded statement, if you’re not accompanied by an attorney, that might ultimately cut your legs off at the end of the case.
What Happens If the Other Driver Involved in the Accident Is Not Insured or Has Minimal Coverage?
Sometimes, people that have caused accidents don’t have any insurance whatsoever or inadequate insurance. This is why we advise clients to make sure they are protected by purchasing uninsured/underinsured motorist coverage on their automobile policies. This way, if you are hit by someone that is either completely uninsured or underinsured, as you can still present your injury claim to your uninsured motorist carrier.
What If I Believe I Was the Victim of a Hit-And-Run in Florida?
If you have been involved in a hit-and-run accident or if you were run off the road by what’s known in Florida as a “phantom motorist”, then you still have a claim for injuries, if you have uninsured motorist coverage available on your policy. There are two things you need to do very quickly, however – number one, you need to make sure you notify the police that you were either hit by another vehicle that left the scene or run off the road, as the case may be, and, secondly, you need to notify your insurance company. There are typically time limits in insurance policies that define when you must notify not only the authorities, but also your insurance company.
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What If I Did Not Leave the Scene of My Florida Car Accident in an Ambulance? Can I Go to the Hospital on My Own the Next Day?
Yes, you can go to the hospital the next day or as soon thereafter as possible, even if you didn’t leave the scene of the accident in an ambulance. Florida does have a 14-day rule — you have to seek treatment with a medical care provider within 14 days, otherwise your PIP benefits will not be activated. Many times people tell me that they didn’t even feel an injury at the scene of the accident and it wasn’t until later that they started realizing that they had a problem. You want to treat it as soon as possible, and the next day is not too late to do so.
What If the Driver Who Hit Me in Florida Was Drinking?
The fact that a person hit you that was drinking might impact your case in the damages category down the road, if it can be established through record evidence that he was indeed drinking. It might open up punitive damages as an element of damages that you can recover in your car accident case.
What Is Collision Coverage?
What Is Distracted Driving?
Distracted driving would be anything that’s going to take your attention off of driving your vehicle that might ultimately lead to a car accident. Many things can qualify as distracted driving, including texting. Using your cell phone or smartphone, looking on the internet, listening to the radio too loud, talking on the telephone, eating, drinking, or even attending to your children in the back seat can qualify as distracted driving. According to recent studies, distracted driving is the single most significant cause of accidents here in the state of Florida.
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What Is Negligence in a Car Accident Case?
In order for someone to be negligent in a car accident case, a two-prong test needs to be met. First and foremost, you need to establish whether or not the other driver involved in the crash owed you some type of a duty, as he or she was operating his or her car out on the roads the day that you got hit. If indeed there was a duty that was owed, then you have to determine if he or she breached that duty by their actions in operating their car. For instance, were they distracted when they were driving? Were they speeding? Did they run a red light? Did they not have their brakes adjusted and their car slid into you? If you can establish that there was a duty owed – and I think, arguably, everybody owes a duty in the state of Florida to operate their vehicle safely on the roadways – and there was a breach of that duty, then you’ve established negligence on the part of the party that hit you.
What Is No-Fault Insurance?
No-fault insurance, also known as PIP or P.I.P. insurance coverage, is required in the state of Florida. Everybody that has a car out there on the road has PIP coverage. Essentially, under this coverage, if you were injured arising out of the use, operation or maintenance of a motor vehicle, your medical bills would be paid for by your own auto insurance company without regard to fault. PIP typically pays 80% of medical bills, up to $10,000. You may also have purchased what they call a Med Pay policy that will cover the other 20%, but standard PIP pays 80% of your medical bills up to $10,000.
What Is the Difference Between Stacked and Non-Stacked Uninsured Motorist Coverage on My Auto Insurance Policy?
If you’ve elected to purchase uninsured/underinsured motorist coverage, you have to make an election to select either stacked uninsured motorist coverage or non-stacked. The difference is essentially this – if you select non-stacked uninsured motorist coverage in an amount of, say, $50,000, and you have a motor vehicle accident with an uninsured or underinsured motorist, then your maximum recovery would be $50,000. If you elected stacked coverage and you have multiple vehicles on your policy with $50,000 in coverage, then you can stack the coverages on each of those car policies so that your maximum recovery, in this hypothetical, would be $150,000. It’s essentially a way for you to, at a very reasonable price, have additional uninsured motorist coverage available if you’re struck by an uninsured motorist or an underinsured motorist in Florida.
What Is the First Thing I Should Do After a Florida Car Accident?
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What Is the Most Important Type of Coverage I Should Have on My Automobile Insurance Policy?
The most important coverage you can have on your own auto policy of insurance is uninsured/underinsured motorist coverage, also known as UM coverage. This is because, in Florida, people aren’t required to carry bodily injury liability coverage. As a result, any number of individuals without liability coverage could run into you and cause you an injury. If you have uninsured/underinsured motorist coverage, then you can make your claim for injury directly against your insurance company, even though the person that caused the accident was uninsured for bodily injury coverage.
What Is the Purpose of Obtaining Uninsured or Underinsured Motorist Coverage?
Uninsured/Underinsured motorist coverage is probably the single most important type of coverage you can have on your automobile policy. If you were involved in a car accident, and the person who caused the car accident is either uninsured for bodily injury liability coverage or underinsured for that type of coverage, then you can present your injury claim directly against your uninsured/underinsured motorist carrier.
What Is Uninsured Motorist Coverage Used For?
Uninsured or underinsured motorist coverage is an optional coverage you can add to your auto insurance policy. Essentially, its purpose is to serve as a substitute if the person that causes a crash or runs into you is either uninsured for bodily injury liability or underinsured for bodily injury liability. In those situations, you can present your injury claim directly against your auto insurance company under the uninsured/underinsured motorist coverages, just as if that was the insurance company for the at-fault party.
What Should I Bring to the Consultation with My Attorney After a Car Accident?
If you’re meeting with an attorney to potentially represent you for a car accident case, there’s a number of things you should bring. Bring the crash report or the driver exchange of information, any photographs that you may have taken at the scene of the accident or of the vehicles involved in the accident, and the names and whereabouts of any witnesses that may have seen the accident. You also want to bring any medical records or medical bills that you’ve acquired to that date along with any information regarding your auto policy.
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Who Is Going to Pay for My Medical Expenses Following My Florida Car Accident?
If you’ve been involved in a car accident in the state of Florida, your PIP benefits will pick up and pay your medical bills at the rate of 80%. They’ll also pay for prescription charges, mileage to and from the doctors, and lost wages under this coverage.
Who Pays for My Injuries If I Am Injured in a Florida Car Accident?
Who Will Pay for My Rental Car Following My Florida Car Accident?
If you run your property damage claim through the at-fault party’s insurance company under their property damage liability coverage, they will provide you with a rental car. If you run your property damage through your own collision coverage, then there is no rental car entitlement to you, unless you purchased rental car reimbursement under your auto policy.
Will My Auto Accident Case Go to Court?
Many cases in Florida will resolve before a lawsuit is even initiated; probably a full 75 to 80% of the claims that are presented in the state of Florida will resolve short of litigation. Other cases will require litigation, and those cases will oftentimes resolve in litigation at mediation or through a proposal for settlement. In reality, only a small percentage of cases will ultimately result in a trial; most of the cases, probably again, 75 or 85% will resolve without even having to file a lawsuit.
Call Our Brevard County Car Accident Lawyers Today
If you or someone you love has been seriously injured in a car accident, please do not hesitate to call our office to set up your free initial consultation. Our Brevard County car accident lawyers are here to take on your case as a priority and get you the compensation that you deserve for your damages and injuries. We are eager to take your call and get you the information you need to get your case started.