In the aftermath of an accident, it is essential to know the necessary steps to take to ensure that everyone involved is safe, and their legal rights are protected. Since Florida operates under a “no-fault” car insurance system, as well as a comparative negligence law, the process can be a bit complicated. You want to make sure you are reaching out to the right professional with substantial information. You deserve compensation for an accident that wasn’t your fault. This guide provides an overview of car accident laws and the necessary steps to take after a car crash to ensure you are covered.
Understanding Fault in the State of Florida
As aforementioned, Florida operates on a “no-fault” system when it comes to car accidents. This means that your insurer caters to your medical expenses and damages to property up to your personal insurance coverage limit, regardless of who was to blame for the crash. This is different from other states that use a “fault” system, where the driver who caused the accident is entirely responsible for paying for the resulting damage and injuries. Even so, there are still certain situations wherein the at-fault driver may be held liable for damages in Florida. These include when there’s severe injury, permanent disability or disfigurement, death, or if the damages exceed your insurance policy limit. Following comparative negligence, the court will assign liability to each party based on their degree of fault.
Immediate Actions to Take After a Car Crash
Depending on how serious the crash was, it’s essential to be attentive and careful in the immediate moments that follow. If you’re still at the scene, ensure that everyone is safe and out of harm’s way, and contact emergency services if needed. In Florida, it is required by law to report any car accident that results in injury, death, or property damage worth $500 or more to the police. It’s important to obtain a copy of the police report, as it can be important in case of any legal disputes that may arise afterward. You also want to be keen on exchanging contact and insurance information with the other driver(s) involved. This includes names, phone numbers, addresses, driver’s license numbers, and insurer information. Remember, you must make an injury claim within 14 days of the accident to be eligible for Personal Injury Protection (PIP) benefits.
Before contacting your insurer, it’s important to take photos of the scene, including damage to both vehicles and any skid marks on the road. This is especially useful if the crash is serious enough to exceed your insurance policy coverage. This evidence can be useful later when seeking additional compensation from the other driver’s insurance provider. If you want to file a personal injury lawsuit, you will need to work with a personal injury attorney, who can help you build your case and guide you through the legal process. A Delray Beach auto accident attorney at Kogan & DiSalvo will be able to help you navigate the complexities of Florida law and ensure that you get the compensation you deserve.
Conclusion
When it comes to car crashes, it’s important to be prepared and take immediate action to protect your legal rights. In the Sunshine State, individuals are only eligible for compensation if an injury claim is filed within 14 days of the accident. Additionally, those involved in more serious crashes may need to seek extra compensation from the at-fault driver and their insurance policy. It’s best to keep track of the details so you understand what you are looking for. Having a legal professional on your side can make all the difference.
