FAQs: What You Need to Know After a Car Accident in Florida

Searcy Denney Scarola Barnhart & Shipley
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Searcy Denney Scarola Barnhart & Shipley

Dealing with the aftermath of a car accident is never easy. Even when you are involved in a minor fender-bender, dealing with the insurance companies and getting your car repaired can be a painful and difficult process. But, when you or a loved one suffers injuries in an accident, the costs can be far more substantial—and this makes it especially important to ensure that you receive the financial compensation you deserve.

With offices in West Palm Beach, Tallahassee and Tampa, we represent car accident victims and families across Florida. If you are dealing with the aftermath of a serious accident, we understand what you’re going through, and we are here to help. We encourage you to read our attorneys’ answers to the following frequently asked questions (FAQs) and then contact us for a free, no-obligation consultation.

10 Frequently Asked Questions (FAQs) About Car Accident Claims in Florida

Here are the answers to 10 FAQs about protecting your legal rights after a serious car accident in Florida:

1. What Should I Do After a Car Accident in Florida?

After a car accident in Florida, there are a few steps you should take as soon as possible. Most importantly, you should seek treatment for your (or your loved one’s) injuries. You should also take photos, videos, and detailed notes, and you should make arrangements to speak with a lawyer as soon as possible.

2. What is Florida’s “No Fault” Auto Insurance Law?

Florida’s “no-fault” auto insurance law limits accident victims to filing Personal Injury Protection (PIP) claims in some cases. PIP insurance provides “no fault” coverage, which means that your insurance company is supposed to pay regardless of why the accident occurred. Unfortunately, this doesn’t always happen.

3. What if My PIP Coverage Isn’t Enough After a Serious Car Accident?

Most Florida residents have $10,000 in PIP coverage (which is the minimum amount required by law), and this can go very quickly when you have expensive medical bills and aren’t able to work. If your PIP coverage isn’t enough after a serious car accident, you may be able to file a claim against the other driver—or you may have a variety of other claims available.

4. What if I Got Hit By a Driver Who Doesn’t Have Auto Insurance?

Since Florida’s “no-fault” auto insurance law doesn’t require liability insurance, many drivers don’t have this coverage. If the driver who hit you doesn’t have liability insurance, your options may include filing an uninsured motorist (UM) claim with your insurance company or determining if you have a claim outside of auto insurance.

5. What if I Got Hit By a Rideshare Driver (Uber or Lyft)?

While Florida law doesn’t require liability insurance for most drivers, it does require liability insurance for rideshare drivers. Companies like Uber and Lyft are also required to carry insurance that covers their drivers’ accidents. If you got hit by a rideshare driver in Florida, our attorneys can help you file a claim with the driver’s insurer, the rideshare provider’s insurer or both.

6. What if I Got Hit By a Commercial Vehicle?

Accidents involving commercial vehicles also provide additional opportunities for seeking financial compensation. Under Florida law, employers are liable for their employees’ negligence in most cases—and most employers have insurance that covers car accidents. Filing this type of insurance claim presents unique challenges, and you will want to have an experienced car accident attorney on your side. However, employers’ liability insurance policies often provide far more coverage than individual auto insurance policies.

7. What Damages Are Available to Injured Car Accident Victims in Florida?

If you are limited to filing a PIP claim, you can seek financial compensation for your medical bills and lost wages. But, if you have a claim outside of PIP, you can seek just compensation for all of your accident-related losses. Along with your medical bills and lost wages, this includes your pain and suffering, emotional trauma and loss of enjoyment of life.

8. Is It Important to Hire a Car Accident Lawyer in Florida?

Hiring a car accident lawyer is extremely important when you or a loved one has been injured in a collision. Hiring an experienced lawyer is the best way to protect your legal rights and make sure the insurance companies don’t take advantage of you. Unfortunately, this is a very real concern and many car accident victims who try to handle their claims on their own end up without the financial compensation they deserve.

9. How Much Do Florida Car Accident Lawyers Charge?

Most Florida law firms that represent car accident victims provide contingency-fee representation. This means that you only pay if you win. Your initial consultation is completely free, and you will not receive monthly legal bills. If your lawyer helps you recover just compensation, your lawyer’s fees will be calculated as a percentage of your settlement or verdict. If your claim is unsuccessful, you will owe nothing for your legal representation.

10. What if the Insurance Companies Won’t Offer a Fair Settlement?

This is one of the biggest concerns when it comes to asserting your legal rights after a car accident in Florida. While hiring a lawyer to represent you will reduce the chances of the insurance companies denying coverage in bad faith, your lawyer cannot force the insurance companies to offer a fair settlement. If the insurance companies refuse to offer the compensation you deserve, your lawyer can keep fighting for more—and your lawyer can take your claim to court if necessary.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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