According to a 2019 study, Florida has the third-highest number of registered vehicles in the United States. With such a high number of vehicles on the road, it’s no surprise that The Sunshine State has some unique car accidents laws worth knowing about. Check out these four examples.
1. No-Fault insurance state
The no-fault policy dictates that every driver involved in an accident must file a claim with their own insurance company first before seeking compensation elsewhere. For instance, if you’re involved in a car accident, and the other driver is at fault, you’ll first need to file a claim with your insurance company and then file another claim with the other driver’s insurance company if you meet certain criteria.
2. Florida statute of limitations on car accidents
A statute of limitations is the amount of time an individual has to seek legal action against another party. For example, victims of car accidents in Florida have up to four years from the date of the crash to file a claim.
If you wait till the statute of limitation ‘runs’ or expires, you’ll be legally barred from seeking legal action against the other party. Therefore, it’s always advisable to contact a car accident attorney right away to file a claim on your behalf. Contacting an attorney immediately after the accident also makes it much easier to collect evidence, interview witnesses, and follow other legal processes needed to submit a winning claim.
3. The comparative negligence system
Suppose you’re seeking compensation for a car accident from the other driver’s insurance company, and the claim goes to court. In that case, the jury will consider the comparative negligence system. This system determines the party entitled to compensation and to what extent.
The jury will evaluate the percentage of fault for each driver after evaluating all evidence presented to court. Under this rule, the party presenting the lawsuit, otherwise known as the plaintiff, will receive compensation based on their percentage of fault.
4. The PIP and PDL rules
Every driver in Florida must maintain a certain level of car insurance coverage. This coverage usually includes $10,000 for Personal Injury Protection and another $10,000 for Property Damage Liability.
Here’s how both coverages work.
Personal Injury Protection, also known as PIP, covers your own medical expenses and lost wages, and those of a passenger in the event of a car accident. However, you must seek medical treatment within 14 days of the accident to be eligible for this compensation.
Given that some injuries don’t show up until weeks or months later, it’s still advisable to seek medical attention right after the accident to be eligible for PIP compensation.
On the other hand, PDL coverage covers damage to other people’s property that you’re responsible for. This could be damage to the other driver’s vehicle or property due to negligence on your side. However, PDL protection only covers the cost of repairing the other party’s property but not yours.
How an Orlando Car Accident Attorney Can Help
If you’ve been involved in a car accident in Orlando, it’s always advisable to contact a car accident lawyer right away. Such an attorney can help collect sufficient evidence to file a claim against the other driver. If the other party’s insurance company disputes the claim, the attorney can take the matter to court if an out-of-court settlement is not an option. Besides, a car accident attorney in Orlando can advise you on the best course of action to take, including seeking treatment or things to or not to say after the accident.