John Austin | December 10, 2018 | Car Accidents
Distracted driving and speeding are among the leading causes of auto crashes in Florida, often leaving victims with severe injuries and fatalities. For many, the financial strain after an accident feels overwhelming due to medical expenses and the inability to work.
You may be entitled to compensation after suffering an injury in an auto crash caused by someone else’s negligence. Even so, the negligent party’s insurer can frustrate your claim by rejecting or shifting blame.
You must also understand Florida’s auto insurance laws to protect your right to compensation. At Roman Austin, our car accident lawyers understand the hardships injured victims face and are dedicated to standing up to powerful insurance companies on your behalf.
We can interpret auto insurance coverage laws, initiate a claim or lawsuit, and fight for maximum compensation. You can count on us to handle the legal aspects as you focus on recovery.
Auto Insurance Coverage Key Takeaway
- Florida law requires drivers to carry at least $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability (PDL).
- Car insurance may not pay if coverage lapses, exclusions apply, fraud occurs, or the driver violates policy terms.
- Liability can fall on drivers, vehicle owners, employers, or even government entities, depending on the accident circumstances.
- You must promptly report a car accident to your insurer, as delays can jeopardize your claim.
- A car accident lawyer investigates, negotiates, and litigates to secure fair compensation and protect your legal rights.
- Call a car accident lawyer for legal support after the crash.
Auto Insurance in Florida Requirements
Florida operates under a no-fault insurance system, requiring all drivers to carry specific minimum coverage amounts to drive in the state.
Mandatory Coverage Requirements
Florida law mandates two primary types of coverage:
- Personal Injury Protection (PIP): All drivers must carry a minimum of $10,000 in PIP coverage. This no-fault insurance covers 80 percent of medical expenses and 60 percent of lost income for you and your passengers, regardless of who caused the accident. PIP also provides a $5,000 death benefit.
- Property Damage Liability (PDL): Drivers must maintain at least $10,000 in property damage liability coverage. PDL pays for damage your vehicle causes to other people’s property, including their cars, buildings, or other structures.
Important Considerations
Florida does not require bodily injury liability coverage, making it one of only two states with this distinction. However, drivers convicted of certain offenses, such as DUI or driving without insurance, must obtain bodily injury coverage as part of their reinstatement requirements.
Recommended Additional Coverage
While not legally required, consider purchasing:
- Bodily Injury Liability: Protects against lawsuits when you injure others
- Uninsured/Underinsured Motorist Coverage: Protects you when hit by drivers without adequate insurance
- Comprehensive and Collision: Covers damage to your own vehicle
Financial Responsibility Alternatives
Florida allows drivers to post a $30,000 surety bond with the state or deposit $30,000 in cash or securities instead of traditional insurance. However, conventional insurance is more practical and cost-effective for most drivers.
Failing to maintain required coverage can result in license suspension, fines, and reinstatement fees. Drivers should maintain continuous coverage and carry proof of insurance while driving.
When Will Car Insurance Not Pay Out
Car insurance companies may decline to pay personal injury claims for various reasons, leaving accident victims frustrated and financially vulnerable. Here are possible reasons why your insurer may decline your claim:
Policy-Related Denials
Insurance companies frequently deny claims due to policy lapses or non-payment of premiums. If coverage wasn’t active at the time of the accident, insurers will refuse payment. Coverage exclusions are another common reason, such as accidents occurring while driving for commercial purposes under a personal policy, or incidents involving racing or intentional acts.
Driver Behavior Issues
An insurer may deny your claim if the driver was operating under the influence of alcohol or drugs, as it violates policy terms. Unlicensed or suspended drivers often face claim denials, as do those who fail to report accidents within the timeframes specified in their policies.
Fraud and Misrepresentation
Insurance companies aggressively investigate suspected fraud, including staged accidents, exaggerated injuries, or false information provided on applications. Material misrepresentation on insurance applications can void coverage entirely.
Coverage Limits and Disputes
Even valid claims may face issues when policy limits are exceeded or when there are disputes over fault determination. Insurers may deny claims if they believe their policyholder wasn’t responsible for the accident.
How Can a Car Accident Lawyer Help
Dealing with insurance companies after a car accident can be overwhelming, especially when recovering from injuries and managing financial losses. Insurance adjusters are trained professionals whose primary goal is to minimize payouts and protect their company’s bottom line.
A skilled car accident attorney levels the playing field and ensures you receive fair compensation for your losses. Here’s how they can help you face insurers:
Thorough Investigation and Evidence Gathering
Car accident attorneys conduct comprehensive investigations to build strong cases. They collect police reports, witness statements, medical records, and accident scene photographs. A car accident lawyer can also work with an accident reconstruction expert to determine fault and demonstrate the full extent of your losses.
Investigation and evidence gathering counters insurance companies’ attempts to downplay liability or minimize injury severity. By presenting compelling evidence, a car accident attorney forces insurers to acknowledge and pay your losses.
Accurate Damage Calculation and Documentation
Insurance adjusters frequently undervalue claims by overlooking future medical expenses, long-term rehabilitation costs, and lost earning capacity. A car accident attorney understands the impact of injuries, allowing them to make a case for current and future losses.
They consult medical experts, vocational specialists, and economists to project future costs and losses. This comprehensive damage assessment ensures no aspect of your injury’s impact is overlooked or undercompensated.
Strategic Negotiation and Communication
Car accident lawyers handle all communication with insurance companies, preventing you from making statements that can harm your case. They understand insurance tactics, such as requesting unnecessary medical examinations or demanding quick insurance settlements of car accident before you recover from your injuries.
A car accident attorney will negotiate with insurers, using their knowledge of similar case values. They can also use legal precedents to demand fair compensation. They know when to push harder and when settlement offers are reasonable.
Litigation Threat and Courtroom Representation
The involvement of a car accident lawyer signals to insurance companies that you’re serious about pursuing fair compensation. Insurance adjusters know that lawyers can file lawsuits if negotiations fail, which can result in higher jury awards and additional costs for the insurer.
The threat of litigation often motivates insurers to offer more reasonable settlements during negotiations.
How Can a Lawyer Help After a Car Accident
A car accident lawyer also helps you with medical liens, coordinates with healthcare providers, and ensures you receive proper medical treatment while your case progresses.
Most importantly, they will protect your legal rights by helping you adhere to legal deadlines. For instance, the Florida personal injury statute of limitations requires injured victims to file a lawsuit within a two-year deadline.
You can lose your legal right to compensation if you initiate a lawsuit beyond the two-year deadline. A car accident attorney knows the relevant deadlines in your claim and will help you file a timely claim so you don’t lose your right to compensation.
Who Is Liable in a Car Accident in Florida
Determining liability in Florida car accidents involves identifying which parties bear legal responsibility for the crash and resulting damages. While Florida operates under a no-fault insurance system for minor injuries, liability is applicable when serious injuries exceed the no-fault threshold.
Here are potential parties who may be liable for a car crash in Florida:
Primary Drivers
The most common liable parties are the drivers directly involved in the accident. Florida follows shared fault rules, meaning multiple drivers can share fault based on their degree of responsibility.
For example, if one driver runs a red light while another is speeding, both may bear partial liability. The driver who violated traffic laws, drove recklessly, or failed to exercise reasonable care bears primary responsibility.
Vehicle Owners
When someone other than the owner operates a vehicle, the owner may face liability under Florida’s dangerous instrumentality doctrine. The legal principle holds vehicle owners responsible for damages caused by anyone they permit to drive their car.
Parents can be liable for accidents caused by their minor children, and car rental companies may face liability for crashes involving their rental vehicles. A car accident lawyer may use witness statements, accident reports, surveillance footage, vehicle records, and driver history to prove owner liability.
Employers and Companies
Employers may be liable when their employees cause accidents while driving for work purposes under the doctrine of vicarious liability. Liability to employers applies when delivery drivers, sales representatives, or anyone operates company vehicles.
Trucking companies face particular scrutiny and may be liable for accidents involving their commercial drivers, especially if they failed to train or maintain their vehicles.
Government Entities
Municipalities, counties, and state agencies can be liable for accidents caused by dangerous road conditions, including poorly maintained roads, inadequate signage, malfunctioning traffic signals, or hazardous construction zones.
However, claims against government entities involve specific notice requirements and shorter statute of limitations periods.
Other Parties
Bars and restaurants may face liability under Florida’s dram shop laws if they serve alcohol to visibly intoxicated patrons who subsequently cause accidents. Property owners may be liable if their negligent maintenance of parking lots or private roads contributes to crashes.
How Long Do You Have to Report a Car Accident to Your Insurance in Florida
You should report your car accident to your insurance company as soon as possible after the incident. Insurance policies typically require “prompt” or “immediate” notification, and unnecessary delays can seriously jeopardize your claim.
The longer you wait, the harder it becomes to gather evidence, locate witnesses, and document the scene accurately.
Delaying your report can provide insurance companies with grounds to deny your claim. They can argue that the delay prevented proper investigation or suggest the accident wasn’t serious.
Don’t Face the Insurer of the Negligent Party Alone
You’re likely to face a lengthy recovery period after sustaining a fractured bone in an auto crash. Treatment costs like medication, physician’s bill, transport to and from medical appointments, and emergency room charges can disrupt your finances.
The negligent party’s insurer can downplay your losses by making a low settlement offer. A car accident lawyer can use compelling evidence to negotiate a fair settlement value that matches your losses.
Roman Austin can also litigate the case in court to maximize your recovery, if necessary. Contact us at (727) 787-2500 for a free case evaluation.
Auto Insurance Coverage Frequently Asked Questions
Whose Insurance Pays in an Accident
Each driver’s insurance pays for damages in Florida under the state’s no-fault insurance system. Personal Injury Protection (PIP) covers 80 percent of medical bills and 60 percent of lost income, regardless of who caused the accident.
However, the at-fault driver’s liability insurance pays if crashes with serious injuries exceed the no-fault threshold.
My Car Was Hit, and Their Insurance Won’t Pay
When the other driver’s insurance refuses to pay after hitting your car, a car accident lawyer can help. They can investigate the claim, gather evidence, negotiate with insurance adjusters, and file a lawsuit to protect your rights.
A car accident attorney understands insurance tactics, can prove liability, calculate fair compensation for damages, and communicate on your behalf with insurers.
Someone Hit My Car, Whose Insurance Do I Call
When someone hits your car, call your own insurance company first to report the crash, even if you weren’t at fault. Also, contact the other driver’s insurer to file a car accident claim. However, never enter settlement negotiations without consulting a car accident lawyer first.
Insurance companies often offer lowball settlements. An experienced car accident attorney can protect your rights and ensure fair compensation.
What Can I Do if My Car Insurance Company Won’t Pay
If your car insurance company won’t pay your claim, a car accident attorney can review your policy, identify bad faith practices, and fight for what you deserve. They’ll gather evidence, negotiate aggressively with your insurer, and file a lawsuit if necessary.
They will work tirelessly to protect your legal right to compensation and maximize your recovery.
