Florida Auto Accident Attorneys

When most people hear about a vehicle accident, their first thought is usually of two cars colliding. However, while car-on-car collisions are common, vehicle accidents encompass a much wider range of scenarios. Accidents can involve various types of vehicles, from cars and SUVs to buses, tractor-trailers, boats, and even trains.

At The Florida Law Group, our attorneys handle all types of vehicle accident claims, including cases involving:

• Auto product liability
• Hit-and-run accidents
• Drunk driving accidents
• Fatigued driving
• Uber and Lyft accidents
• Reckless driving
• Uninsured motorists

Damages You Can Recover in an Auto Accident Settlement

In general, three types of damages can be awarded in a personal injury settlement: 

• Economic damages: These refer to calculable amounts, such as the exact costs of medical bills and the lost wages that an injured accident victim missed out on.
• Non-economic damages: These are amounts that may not have an actual numerical value associated with them but still negatively impact the victim’s life. They may include pain and suffering, scarring and disfigurement, lost earning capacity (if injuries prevent the victim from returning to their career or working at all), and future medical expenses (if the injuries are permanent).
• Punitive damages: Awarded by a jury or judge when the defendant (the person responsible for causing the accident) is found to have exhibited gross negligence or intentional misconduct. This type of damage is intended to punish reckless behavior that the court wants to deter in the future, commonly seen in cases involving drunk driving. 

Every case is unique, and the specific damages you can recover will depend on the circumstances of your accident. This is why working with a team of professionals is so important—we know how to spot seemingly small details that can lead to higher settlements.

No-Fault Insurance in Florida

In many states, if someone else is responsible for your accident, you typically file a claim with that driver’s insurance. However, Florida’s auto insurance system is different, as it is not based on fault. The law requires all drivers to carry no-fault insurance, known as Personal Injury Protection (PIP). This insurance covers injury costs from auto accidents, regardless of who is at fault. 

You should be covered by PIP insurance if you have your own vehicle policy. If you do not, you may be able to file a PIP claim with the policy of a family member with whom you live or, if you were a passenger at the time of the accident, with the driver’s policy. Our attorneys can help you determine under which policy you should file your claim.

No-fault insurance will not cover all of the same losses as a personal injury lawsuit might cover. 

The coverage is limited to:

• 80% of your medical expenses, including hospital or doctor bills, prescriptions, rehabilitative services, and other out-of-pocket costs
• 60% of any income you lost due to your injuries
• Compensation for mileage traveled to and from your medical appointments

Don’t let paying your premiums become a false sense of security. Insurance companies, even your own, have a vested interest in protecting their bottom line. That’s where an experienced Florida PIP insurance attorney can be your advocate. We can help you navigate the often-complex claims process, communicating and negotiating with your insurer. 

PIP Insurance Limits

The standard PIP insurance policy has a $10,000 limit, as this is the minimum amount of coverage required by Florida law. This means that you can only be compensated for a certain amount of your losses. In many cases, the maximum payout limit can be significantly lower. 

For example:

• For “emergency medical conditions,” the limit is $10,000.
• For any injuries not considered to be “emergency medical conditions,” the limit is $2,500.

The law defines what is considered to be an emergency medical condition (EMC) for PIP insurance purposes. 

An EMC is an injury with severe enough symptoms or pain that a failure to obtain immediate medical attention may result in any of the following:

• The accident victim’s health would be in serious jeopardy.
• The accident victim would suffer a serious impairment in bodily functioning.
• An organ or body part of the accident victim would fail to function.

“EMC” is not a medical term; it was created by legislators who are likely not familiar with emergency medical standards. This distinction is very important for many auto accident victims who file PIP claims.

Injuries that are not considered to be emergency medical conditions can still be quite serious and require medical treatment. With the costs of healthcare, treating any injury can cost well beyond $2,500, as you may require a long course of physical therapy, ongoing doctor appointments, medications, and more. You can exceed your PIP policy quickly in such situations. 

It is important to have an attorney on your side who knows when to argue that your injuries constitute an EMC and that you deserve up to $10,000 in compensation to cover your losses.

Complications with PIP Claims

As mentioned, you may face a hurdle if your insurance company claims you did not suffer an EMC and are not, therefore, entitled to the full benefits of their $10,000 policy. 

Other complications may arise in a PIP claim, including:

• Your insurance company challenges the necessity of the treatment you received.
• Your insurance company claims you did not need to miss work due to your injuries.
• Your insurance company challenges the ancillary losses you claimed in regard to your injury.
• Your insurance company alleges that your injuries were not the result of your auto accident.

Even seemingly minor issues in your PIP claim process can lead to significant delays, partial payouts, or even complete denial. It’s essential to have a thorough understanding of the information required by your insurer and how to present it effectively.

This is where an experienced car accident lawyer in Florida can make all the difference. We can handle all communications with your insurance adjuster, support your claim with comprehensive evidence, and fight for total compensation. 

Importantly, we can identify instances where your legal rights extend beyond your PIP coverage, potentially opening up additional avenues of compensation. 

Florida Car Accident Claim FAQs

What should I do immediately after a car accident in Florida?

1. Ensure everyone’s safety and call 911 if there are injuries.
2. Exchange information with the other driver(s).
3. Take photos of the accident scene and vehicle damage.
4. Notify your insurance company as soon as possible.
5. Seek medical attention within 14 days to qualify for Personal Injury Protection (PIP) benefits.

Can I sue the other driver in a no-fault state like Florida?

Yes, but only if your injuries meet the “serious injury” threshold, such as:

• Significant and permanent loss of an important bodily function
• Permanent injury
• Significant and permanent scarring or disfigurement
• Death

How long do I have to file a car accident claim in Florida?

You typically have 4 years from the date of the accident to file a personal injury lawsuit and 2 years for a wrongful death claim. However, you must report the accident to your insurance and seek medical treatment within 14 days to use your PIP benefits.

What if the other driver is uninsured or underinsured?

If the at-fault driver doesn’t have sufficient insurance, you may be able to make a claim under your Uninsured/Underinsured Motorist (UM/UIM) coverage, if your policy includes it.

Do I need a lawyer to file a car accident claim in Florida?

While it’s not legally required, having a personal injury attorney can be helpful—especially if you suffered serious injuries, liability is disputed, or the insurance company offers a low settlement.