Can Someone Sue You for a Car Accident in Florida? Here’s a Complete Guide
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Whether you’re driving across the I-4 or I-10, you can meet with an accident anytime. If recent reports are to believed, Florida witnessed a staggering 333,922 car crashes in 2017-2018. So, the odds of you getting into a car accident in Florida is quite high.
If you come across a car accident in Florida, and the opposite party decides to take action against you in the court of law, the first thing that you should do is to stay calm. Florida is a no-fault state, the person concerned will have to turn to his/her auto insurance policies to obtain the claim amount. You’ll have to do the same.
In this blog, we have provided an in-depth analysis and tried answering the question whether someone can sue you for a car accident in Florida.
How to Know Whether It was Your Fault?
In many instances, it is quite easy to understand who should be blamed for the accident. The damage caused due to the impact and the statement of the eyewitnesses helps determine who’s at fault in an accident. However, in some cases, it becomes impossible to determine whose fault led to such a tragedy.
States in which no-fault insurance prevails, your insurance company is responsible for you and your car, irrespective of who was at fault and whose mistake led to the accident. Florida is one such state in the U.S that enjoys no-fault laws. Who’s at fault is not a consideration for recovering the license and obtaining the driving privilege in the state.
If recent reports are to be believed, head-on collisions and running into the rear of another vehicle are the most common type of accidents. But, if you meet with an accident in a blind lane or due to the fault of the other party, then there’s little you can do. The process of determining whose fault was it involves comparing the pieces of evidence furnished and a ranked list of causes involved.
However, if you are a resident of a no-fault state like Florida, your insurance company will have to pay for the damage caused, irrespective of who was at fault in the accident. In some ways, it is beneficial to the driver, but for others, it is completely frustrating.
According to the theory of no-fault, “we are all responsible for our problems, and one driver cannot hold another liable for property or injury damage”. One major issue with no-fault is that your car insurance will constantly change. Experts believe the no-fault law is just like cooperative insurance where all the members pay to cover other members of their network. That’s why No-Fault is passed only after a thorough investigation.
What To Do If You Are Sued?
The very first thing that you should do is to contact your insurance company. If you’ve changed companies by any chance, then make sure to contact the company that handled your original claim.
Unless there are evidences that will mitigate the chance of obtaining your claim, your original coverage will remain valid. The insurance company will remain liable for providing you protection against car accidents of any sort.
The next thing that you should do is to confirm the limitations of your state and contact a lawyer. Though Florida doesn’t have many restrictions, it is better to know the law in-depth. Lawyers are aware of every type of limitations and know the law in complete detail. Contact a trusted attorney and claim the amount that you rightfully deserve. Else, you may end up facing serious legal complications.
By general rule of thumb, the limit of your policy is the limit of the settled claim amount. You’ll rarely be asked to pay additional amounts beyond the policy coverage. This idea was put forth considering the liquidity of the assets possessed by the defendant. However, calculating this is a bit tricky as it involves calculated loss risks. For this, it’s best to make sure your insurance company is providing necessary counsel. Contact a lawyer when in doubt.
In most car accident cases, the policy of the person who’s at fault is sufficient to cover the penalties, as well as, the injuries of the victim. The policy is considered void only in few exceptional cases. You’ll come to know about that soon after the accident. And if you file a lawsuit a year later, you’ll have to provide a reasonable explanation for the long delay. Your insurance company will be your first line of defense. Make sure not to represent yourself in such a situation, as it will require a lot of skill and expertise.
Samaroo Law Provides Complete Assistance in Car Accident Cases
So, we hope you’ve understood what will happen if someone sues you for a car accident in Florida. If you’re still in doubt, get in touch with our expert legal team. Our lead attorney Avidita Samaroo has 10+ years of experience in handling car accident cases in Florida and adjacent areas. She and her team will surely help you obtain the rightful claim amount without any hassle. Be it I-4 or I-10, our attorneys are adept at handling every type of car accident case.