If you become injured and/or your vehicle incurs damages in a Florida accident, there are certain regulations that could gravely impact your claim process. One of the most important factors to bear in mind is that Florida is a no-fault state. Therefore, all drivers are fully responsible for filing a claim with their own personal injury policy. The compensation you receive will derive directly from your insurance provider.
With that said, Florida accidents are a common occurrence. According to the Florida Department of Highway Safety and Motor Vehicles, there have been 261,353 reported crashes in 2021 thus far. It’s imperative for drivers to familiarize themselves with Florida accident laws and yearly amendments should they ever experience the suffering of a car accident.
Here is a comprehensive guide of what Florida accident laws are in effect and how they directly influence car accident claims.
Florida Accident Statute of Limitations
After a car accident occurs, the last thing on your mind is a lawsuit. Victims face weeks of inconvenience, medical expenses, and both physical and mental healing. All things that should take precedence over filing a claim. However, it’s crucial for Florida accident victims to not wait too long. Florida upholds a statute of limitations that enforces a deadline on car accident lawsuits, including a number of other personal injury cases. According to Florida law, you have four years, starting from the date of the crash, to get your car accident case filed.
Some cases can drag on for months or even years, so it’s at your best advantage to get a head start. Whether you’re the at-fault driver or found yourself at the wrong place at the wrong time, the process of filing a Florida accident claim involves a number of steps. Any misinformation or misstep could set you back from receiving reimbursement. That is why having an experienced and trusted car accident attorney on your team is the best course of action.
What happens when both drivers are at fault?
Florida implements a pure comparative fault rule in these circumstances. Pure comparative fault, also known as pure comparative negligence, is upheld in 12 U.S. states. This is why Florida drivers should be familiar with the contexts of this legislation. When both parties share the blame, there will be an evaluation and later percentage amount that each victim is awarded in restitution. The percentage granted affects how much compensation you receive for injuries and related damages, but it will not guarantee top dollar.
Insurance companies will be quick to offer a check, but you can’t always trust the compensation levies up to what you deserve. Our extensive expertise in Florida accidents makes Porcaro Law the contact to have. We will scrutinize the legitimacy of the percentage of fault and offer expert advice for those feeling pressured by the insurance provider.
Is Florida getting rid of no fault insurance and personal injury protection?
The Porcaro Law team is keeping a close eye on the Senate Bill 54 provision, which would put an end to Florida’s no-fault policy and personal injury protection (PIP). Lawmakers are proposing an end to personal injury protection in turn for bodily injury liability coverage. Typically, the no-fault policy helps drivers get the compensation they need for medical expenses and repairs in a more timely manner.
So, why push for the change? Some lawmakers feel there is a sequence of abuse occurring within the claim system. Without the no-fault law, the responsibility to pay will always fall directly on the at-fault driver. The problem is not every Florida driver carries the same type of coverage. The potential for car insurance rates to increase is also likely if more drivers have to purchase uninsured motorist coverage.
If SB 54 passes, the law will come into effect on January 1st, 2022. To learn more about the Senate Bill 54, Florida’s latest car accident amendment on the docket, visit the Florida House of Representatives website.
Get a move on it and file your accident claim
Florida ranks among the highest fatal accident rates in the country. That means, Florida drivers require greater caution on the road. In the event a car accident occurs, it’s important to act quickly aside from your recovery. First step — obtaining representation. Get a reputable personal injury attorney on board to help you receive proper damages.
Porcaro Law Group works with Florida accident victims in Delray Beach and the greater South Florida region. While you focus on your recovery, our team of experienced personal injury attorneys will ensure the insurance companies meet expectations. Contact us today for a free consultation and full evaluation of your case.