Florida Car Accident Laws Explained: What Injury Victims Need To Know
Car accidents happen every day on Florida’s busy roads, from Orlando’s highways to neighborhood streets across the state. When you suffer injuries from a car accident, everything can feel overwhelming. From doctor’s visits, missed work, bills piling up, and questions about what your options really are. This is where understanding Florida’s car accident laws and how the system works can help bring much-needed clarity. In this article, we will explain Florida’s car accident laws to help you protect your rights, health, and financial future following a car accident.
Florida’s No-Fault Insurance
Florida follows a no-fault insurance system, meaning that after most car accidents, your own insurance policy pays for your damages, regardless of who caused the accident. This coverage, known as Personal Injury Protection (PIP), is compulsory for every registered vehicle in Florida.
One thing to note is that PIP benefits aren’t automatic. If you’ve been injured in an accident, the law requires you to seek medical treatment within 14 days of the accident. If you miss that window, your insurer could deny PIP coverage completely, even if your injury turns out to be severe.
However, while Florida is a no-fault state, there are instances when you can file an at-fault claim. If you suffer a “serious injury”, such as permanent loss of bodily function, significant scarring or disfigurement, or a substantial risk of death, you can pursue compensation against the at-fault driver.
Comparative Negligence in Florida
Another Florida accident law you should be aware of is that Florida follows a modified comparative negligence system. Under this rule, fault is divided between the parties involved in the accident. Your percentage of fault then reduces your total compensation.
If you are more than 50 percent responsible for the accident, you may lose the ability to recover damages. But if your share of responsibility is 50 percent or lower, you can pursue compensation, although the amount you receive will be reduced to reflect your level of fault. Insurance companies often try to raise that percentage to reduce or eliminate payouts. That’s why you should have an experienced car accident attorney by your side to ensure you are not wrongfully assigned fault or say anything that could be later used against you.
Accident Reporting Requirements
Per Florida law, drivers must report accidents that involve injuries, fatalities, or property damage of $500 or more. If the accident involved a hit-and-run driver or suspected drunk driving, you must also report it. Calling 911 ensures that law enforcement responds and creates an official accident report, which can become critical evidence in your claim.
Deadlines for Filing a Claim
In most cases, Florida allows a personal injury lawsuit to be filed within 2 years of a crash. Failing to act within this timeframe can permanently bar recovery. While some exceptions do exist, such as in car accident cases involving minors, these exceptions are limited, and you should never assume your case fits in such categories without legal advice. Insurance claims also have their own deadlines. Acting quickly is advisable to ensure that evidence is gathered promptly, witness memories don’t fade, and to avoid unnecessary complications.
Contact an Orlando Accident Attorney
If you or a loved one has been injured in a Florida car accident, contact our experienced Orlando car accident lawyers at Orlando Accident Attorneys today to discuss your case and help protect your rights.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.065.html