Insurance claims for car accidents can be confusing. Even though Florida has no-fault insurance rules, accident victims may pursue liability insurance claims when they suffer serious injuries or when another exception applies. Understanding how car insurance works in Florida can help you know what to expect and the steps to take to protect your rights.
Our attorneys at Baggett Law Personal Injury Lawyers have over 100 years of combined experience. Since 2012, we have recovered tens of millions of dollars for thousands of clients in trial verdicts and settlements. Our attorneys have extensive experience handling all types of car accident claims.
Contact us today or call us at (904) 396-1100 to learn more about your legal rights and options following a car accident in Florida. We offer a free consultation to provide you with some initial legal advice.
How Baggett Law Personal Injury Lawyers Can Help You With a Car Insurance Claim in Florida
Our attorneys at Baggett Law Personal Injury Lawyers are skilled negotiators and seasoned trial lawyers. We aggressively pursue claims to maximize the amount of compensation our clients receive for damages.
When you hire our top-rated Jacksonville car accident lawyers in Florida, you can trust we will:
- Advise you of your legal rights and your options for pursuing car insurance accident claims
- Complete a thorough investigation to determine how the car accident occurred and identify the liable parties
- Gather and perceive key evidence used to prove causation and liability, including working with expert witnesses as necessary
- Assess how much your case is worth based on an analysis of your damages
- File insurance claims and handle all matters related to settling the insurance claims
- File a lawsuit and pursue your case at trial if a car accident settlement is not possible
We’re here to fight for maximum compensation on your behalf after a car accident in Florida. Call our law offices today to schedule a free case review.
Overview of Florida’s No-Fault Insurance Laws
Florida requires drivers to have a minimum of $10,000 in Personal Injury Protection (PIP) insurance coverage. PIP insurance pays your medical bills and lost wages regardless of who caused the car accident. Generally, you’ll first look to your PIP policy for compensation after a crash.
You must seek medical treatment for your injuries within 14 days of the accident to receive PIP benefits. No-fault insurance only pays a portion of your medical bills and lost wages. You can receive up to 80% of your medical bills and 60% of your lost wages. However, your benefits are limited to $2,500 unless you sustain injuries that require emergency medical treatment.
Filing a Liability Insurance Claim for a Car Accident in Jacksonville, FL
Liability insurance compensates accident victims for damages from a car accident caused by an insured driver. However, Florida does not require drivers to purchase liability insurance coverage. Therefore, even if you meet the serious injury threshold to file a claim against an at-fault driver (or if you qualify to do so based on another exception, such as if your losses exceed your PIP policy limits), they may not have liability insurance to cover your claim.
If an at-fault driver does not have liability insurance, you would need to sue the driver personally for damages. A liability insurance claim or lawsuit could result in economic damages (i.e., medical bills, lost wages, etc.) for the total value of your damages. You could also receive non-economic damages for pain and suffering, which is not covered by PIP insurance.
Unlike a no-fault insurance claim, you must prove the other driver caused the car accident to recover damages. Causation is a required element for claims. If you cannot prove the other driver caused the accident, you cannot recover damages.
Furthermore, if you are partially to blame for causing the crash, your damages could be reduced under Florida’s contributory fault laws. If your percentage of fault is 51% or higher, you cannot receive any money for your claim against the other driver.
Because you potentially leave a lot of money on the table if you don’t file a claim against the other driver when you are able to, it is best to contact an attorney for a free consultation to determine your legal options.
Filing a Claim for Uninsured or Underinsured Motorist Coverage
If you purchased uninsured or underinsured motorist coverage, you may be able to file a claim with your insurance company for additional compensation above what PIP offers. If another driver causes your accident and does not have insurance coverage, you can file against your uninsured insurance policy. Your uninsured insurance coverage stands in the place of the uninsured driver, allowing you to receive economic and non-economic damages.
Underinsured motorist coverage compensates you if the at-fault driver does not have sufficient insurance to pay your claim. In either situation, you must prove the other driver caused the accident and did not have sufficient insurance to pay your claim.
Schedule a Free Consultation With a Florida Car Accident Attorney
Car insurance claims can be confusing and frustrating. If you’ve been injured in a car accident in Jacksonville or elsewhere in the state, contact our office for a free case review with our Florida car accident lawyers. We are here to help you navigate the car insurance claims process to obtain a fair settlement for your car accident injuries.
