There’s a variety of state laws that could affect the claims process you go through after an auto accident in Florida. Below we highlight just a few of the laws and regulations you should be aware of as you consider your next move.
Florida is a no-fault state. If you have been injured in an accident, you must first go to your own insurance company to seek compensation for your injuries — even if it was someone else who was at fault. There are a few exceptions to this process, and you may be able to file a liability claim with the other driver’s insurer. This is somewhat rare, however.
Statute of limitations
In Florida, the statute of limitations for any personal injury or property damage claims stemming from an auto accident is four years. The clock starts running the day of the accident or the time at which you realize you’ve suffered an injury.
After this four-year time limit expires, you may not be able to seek compensation, even if you have a compelling argument in your favor.
Your options for securing a settlement after an accident largely depend on who was most likely at fault. If the case goes to court, it is up to the judge or jury to decide if both you and the other driver shared blame. In Florida, there are “pure” comparative fault rules, in which the judge or jury declares the percentage of the accident for which you were to blame. If you were 20 percent to blame, you would then forfeit 20 percent of the total damages awarded.
These are just a few examples of the laws affecting accident cases in Florida. For more information, speak with an experienced Bradenton personal injury lawyer at Shapiro, Goldman, Babboni, Fernandez & Walsh.