10 Rights of Car Accident Victims in Florida

The rights of car accident victims in Florida underwent significant changes in 2023, following the legislature’s enactment of regulations that altered the statute of limitations and comparative fault rules in the state. However, even with these changes, Florida car accident victims have extensive rights beyond basic PIP coverage.

Beyond no-fault coverage, there are several scenarios where you can file a third-party lawsuit to seek damages. Understanding the rights of car accident victims in Tampa, Florida, can help you get fair compensation for your injuries.

Understanding Your Legal Rights After a Florida Car Accident

If you ask an experienced car accident attorney in Florida, rights related to car accident victims can be complicated. This is because Florida car accident legal rights are tied to the state’s unique legal system.

Florida’s no-fault system sets it apart from most other states. Understanding Florida no-fault insurance law is just the first step to understanding car accident victim rights in Miami.

Under Florida law, you have the right to file a PIP claim with your insurance company, regardless of who’s at fault for the accident. Additionally, if your injuries are severe enough, you may have the right to bypass the no-fault system. This differs from other states, where you can file a lawsuit against an at-fault party, regardless of injury severity.

Wondering “What are my rights after a car accident in Florida?” The following are ten notable rights of injured car accident victims in Florida.

Right #1: Immediate Access To Personal Injury Protection (PIP) Benefits

Determining negligence in a car accident case matters when you suffer severe injuries. However, your Florida car accident injury compensation rights always include the right to file a PIP claim with your own insurer.

You’re legally required to purchase PIP coverage with a minimum value of $10,000. This policy provides 80% coverage of medical treatment costs and 60% coverage of lost wages, up to the policy limit. Your PIP policy will also cover some death benefits. This is true even if you’re at fault for the accident.

To benefit from PIP coverage, however, you must seek medical treatment within 14 days of getting injured. That doesn’t mean you need to receive all necessary medical care within 14 days to qualify for compensation. Car accident injury claims can be made with your insurance company as long as your initial treatment is within the time limit.

Right #2: Protection From Unfair Insurance Practices and Bad Faith

One of the most important rights in this Miami, FL, car accident legal rights guide is the right not to be subjected to unfair or bad faith insurance practices.

Your insurance company has a contractual and legal obligation to you. Among other things, it must:

• Promptly investigate your claim
• Communicate regularly and honestly
• Offer a reasonable settlement
• Give you a chance to appeal its decisions

Some insurance companies may violate these obligations by performing inadequate investigations, unreasonably delaying or denying claims, or making lowball offers. When that happens, you can sue for bad faith damages beyond your policy limits.

While pursuing litigation can protect your legal rights after a car accident in Florida, it isn’t a fast process. Before you can file a lawsuit for a bad faith claim, you must provide the insurance company with a 60-Day Civil Remedy Notice.

Was your personal injury protection (PIP) claim denied? A Florida car accident lawyer can help you assert your car accident injury rights in Miami, FL.

Right #3: File Lawsuits for Serious Injuries Beyond PIP Coverage

Your Florida car crash victim legal protections include the right to file a lawsuit against the driver of the other vehicle if your injuries meet the state’s serious injury threshold. This means that you or a loved one suffered one of the following conditions:

• Permanent loss of bodily function
• Permanent injury
• Significant scarring or disfigurement
• Death

Assuming your injury qualifies, you can step outside the no-fault system and file a personal injury lawsuit against the at-fault driver to protect your car accident victim rights after a crash in Florida.

A lawsuit allows you to pursue compensation for:

• Medical expenses beyond the PIP limits
• Lost wages beyond the PIP limits
• Other costs related to your injuries
• Pain and suffering

Typically, PIP coverage will only pay for 80% of medical treatment and 60% of lost wages, with no compensation for pain and suffering. If you succeed in a third-party lawsuit, you can surpass all those limitations.

Right #4: Decline Recorded Statements To Opposing Insurance Companies

Need your Florida no-fault car accident rights explained? Don’t ask the liable party’s insurance company to clarify them. Their adjusters will probably insist that you need to provide a recorded statement.

While you’ll eventually be required to provide your own insurer with a recorded statement, even this should only be done with the counsel of an experienced attorney. You have no obligation to give a statement to the at-fault driver’s insurance company. In fact, doing so can hurt your claim.

The liable insurer will likely attempt to use your statement to deny or underpay your claim. Thankfully, the law doesn’t require you to provide a statement, no matter how much an insurer pressures you.

Avoid costly mistakes. Contact a lawyer before making any statements, and never speak with an opposing insurance company without your lawyer present.

Right #5: Comprehensive Evidence Gathering at Accident Scenes

Car accident victims’ rights and responsibilities in Florida also include the right to gather evidence at the accident scene. For this reason, you can and should focus on collecting the types of evidence that will disappear if not promptly preserved.

Such evidence has the potential to be valuable for your insurance claim or personal injury lawsuit. 

Make it a point to:

• Photograph the entire accident scene.
• Take photographs of all visible injuries.
• Take pictures or videos of any visible property damage.
• Get the contact information of all witnesses.
• Share your information with other drivers.
• Gather details about the responding police officers.

When the police arrive at the scene, they’ll draft an official accident report. This report will also serve as critical evidence. Speak with the officer who created the report and ask how you can obtain a copy.

Right #6: Uninsured and Underinsured Motorist Protection

Florida uninsured and underinsured motorist laws also protect Florida car accident injury compensation rights. While purchasing uninsured and underinsured coverage is optional, obtaining these coverages can protect you from otherwise devastating situations.

If you meet the serious injury threshold and the other driver isn’t insured or flees the scene, your uninsured motorist coverage will stand in for the policy that would have compensated you under normal circumstances. Additionally, it will pay the difference between your low liability policy limits and your actual medical expenses.

It’s wise to purchase these types of insurance because Florida has a high rate of uninsured drivers. Moreover, if you’re wondering how to protect yourself from drunk drivers, these forms of coverage can be critical, as drunk drivers often flee accident scenes. This coverage can also apply in accidents involving pedestrians or bicyclists.

These policies cover more than PIP coverage. They’re more similar to liability coverage, potentially paying for all of your medical bills, lost wages, and pain and suffering.

Right #7: Fair Compensation for All Accident-Related Damages

What rights do car accident victims have in Florida concerning compensation? That depends on whether you’re filing a claim for PIP benefits, a personal injury lawsuit, or both.

In all cases, you have the right to economic benefits. This means you can recover compensation for medical expenses (current and future), lost wages, property damage, and repair costs. PIP benefits cover a portion of medical expenses and lost wages, while optional collision coverage repays you for damage to your vehicle.

You can also receive non-economic damages from a successful personal injury lawsuit. Assuming you meet the serious injury threshold to qualify for Florida personal injury rights, car accident claims can provide payment for:

• Mental anguish
• Emotional trauma
• Loss of quality of life
• Pain and suffering

All compensation is individualized, and based on the specific case facts and the severity of injuries. Under Florida law, you’re entitled to pursue the maximum compensation for every type of compensation you qualify for.

Right #8: Legal Representation at Any Stage of Your Claim

When can you hire a lawyer in Miami? Car accident attorney rights apply the moment you suffer an injury in a car crash, so you can consult a lawyer within seconds of pulling over to the side of the road after a collision. This is both a state and a constitutional right.

While most crash victims understand that they have the right to a personal injury attorney if they want to file a lawsuit, you might not realize that you can hire one earlier in the process. The best Florida car accident lawyers will help you investigate the accident, collect evidence, and negotiate a settlement with your insurer.

By hiring an experienced attorney early on, you can avoid the common mistakes that many claimants make while providing recorded statements or navigating the insurance process.

Having dedicated legal representation can make all the difference in terms of settlement value if a dispute arises about the facts of your claim. Because Florida car accident attorneys charge based on contingency, there is no cost to getting a free case consultation.

Right #9: Protection Under Florida’s Modified Comparative Fault Rules

The comparative fault laws in Florida changed on March 24, 2023. The old system was one of pure comparative fault. Under that system, if you were partially at fault for your own injuries, you could receive partial compensation, regardless of your share of liability.

Under the new system, you must be 50% or less liable for your injuries to receive compensation from a personal injury lawsuit. If you reach or exceed the 51% threshold, you’re ineligible to receive any damages. Unfortunately, insurance companies often aggressively dispute these percentages in an effort to deny claims.

Assuming you’re 50% or less responsible, any compensation you recover will be prorated. This means that your final award will be reduced in proportion to your assigned degree of fault.

Right #10: Reasonable Time Limits To Pursue Claims Under Florida Law

You have the right to have a reasonable time limit to determine whether to pursue a lawsuit. However, the defendant also has the right not to be sued after an unreasonably long time. The resulting compromise to these conflicting rights is the Florida car accident statute of limitations.

This statute places a two-year deadline on filing lawsuits for personal injury claims after March 24, 2023, with a four-year deadline for property damage claims. However, it’s important to note that exceptions apply to these general time frames.

The deadline may be extended if you’re a minor or suffer from some type of mental incapacity. Conversely, if the government is the defendant in a claim, you’ll have significantly less time to act.

While these laws give you some leeway to make an informed decision, the deadlines are somewhat tight. It’s therefore best to act swiftly to preserve your legal rights after a car accident.

When You Need Immediate Legal Help After a Florida Car Accident

Wondering, “How much does a car accident lawyer cost?” It’s much less than the cost of not hiring an attorney when the situation is urgent.

If you’re seriously injured, the at-fault party’s insurance company may dispute fault or deny your claim. This could result in you receiving considerably less compensation than the law allows.

Early legal intervention is the best way to avoid this outcome. An experienced lawyer can analyze your case to determine its value and help you preserve crucial evidence.

Even if you aren’t certain whether you need an attorney, it’s best to consult one right away. The free consultation and case evaluation ensure that there’s no cost to you. Conversely, waiting to contact a lawyer could have undesirable repercussions, like the statute of limitations running out or your claim being unfairly denied.

If you want to protect all of the rights enumerated above, the best way to do so is to schedule a free legal consultation with a qualified attorney as soon as possible after your Florida car accident.

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Contact Our Experienced Miami Car Accident Attorneys at Bernstein & Maryanoff

To learn more about how to protect your rights after a car accident in Florida, contact Benstein & Maryanoff.

We have an extensive track record of advocating for car accident victims and protecting their rights. Our attorneys have secured countless sizable settlements and court awards for our clients. Best of all, we take all cases on contingency, which means you’ll pay nothing unless we win your case.

Due to Florida’s new two-year statute of limitations, you can’t afford to delay. Contact us online or call 1-800-429-4529 today to schedule your free case evaluation.