Getting in a car accident can be scary and overwhelming. It can be difficult to know what to do after and how to handle the damages and medical bills that may be piling up. Every state has laws that determine how fault is handled in a car accident. Here’s what Florida says.
Florida is a no-fault state
Florida follows “no-fault” laws when looking at vehicle accidents. This means that each party involved pays their own expenses, including medical bills. You will likely need to file your claim with your personal insurance to get coverage for it.
Special circumstances: pure comparative negligence
Even though “no-fault” is the default for Florida, there are special circumstances when you can file a claim against the other driver involved in your accident. If you have severe injuries, likely ones that are permanent, or if you have damage to your car, you may be eligible to get compensation from the other party.
In these types of cases, Florida uses pure comparative negligence. This means that fault may not be put completely on the other party. Instead, the courts will split the fault and damages between the involved parties depending on the role they played in the incident. For example, the driver who hit you may pay 70% of the damages and expenses, while you only have to pay 30%.
After the day of the accident, you have four years to file a lawsuit claiming fault. Sometimes, it can be difficult to know if you have a case against the other driver. If you are considering filing a claim rather than using your own insurance to pay for the damages and injuries, talk with an attorney to understand if you are eligible.