Essentially, each party involved in a car accident is liable for a portion of the damages in proportion to their percentage of fault. Pure comparative negligence means that if you are partially at fault for your injuries, you can still file a claim and get compensation for the party that was not your fault. If you are injured in a traffic accident in Florida, you must first file a claim with your PIP insurance provider. No matter who caused the accident, you should first consult your PIP insurance provider.
Filing a car accident claim in Florida involves several steps. First, you may need to report the collision to the authorities. Florida Statutes § 316.066 requires this step when serious injury and injury occur. If law enforcement arrives on scene, an officer will complete this process for you.
If not, you'll have to file a report yourself. If you let someone borrow your car and cause an accident in Florida, personal injury liability insurance pays for the injuries of the other driver and their passengers. The insurance company determines if a vehicle is a total loss by comparing the cost of repairing your vehicle to the market value of the car. If you have been in a car accident in Florida, especially if your injuries are significant, you may want to learn more about your options for recovering from the full spectrum of your losses.
It's always a risk to lend your car to someone else, because you could definitely end up filing a claim with your own insurance in Florida. In order to repair or replace your car, you must file an insurance claim, specifically personal property claims. In a perfect world, the at-fault driver will accept liability and your insurance company will resolve insurance claims with you quickly. There are two reasons why you may need to file a claim with the at-fault party's insurance company after an accident.
So, you have a lot at stake if you can't successfully prove your case: a car accident lawyer from our firm can provide you with valuable legal support. To leave the system without fault so that it is possible to file a third-party insurance claim or lawsuit against the driver who caused the accident, and for pain and suffering and all other available non-economic losses to be on the table, your injuries must meet the threshold set by state law (we we'll discuss Florida's serious injury threshold in the next section). These potential legal issues are why it's important to contact a Tampa car accident lawyer as soon as possible after an accident. This system can easily put an injured driver in a confrontational position with his own insurance company, which often does not bode well for the driver.
Your PIP insurance will also cover up to 60% of the lost wages sustained as a result of your car accident injuries, up to the limit of your policy. Filing an auto insurance claim can help mitigate some of these damages so you can get back to your life as much as possible.
