Common Questions

Car Accidents questions, answered

Do I have to use my own insurance after a car accident in Florida?

Yes. Florida is a no-fault state, so your own Personal Injury Protection (PIP) coverage pays a portion of your medical bills and lost wages first, regardless of who caused the crash. Every driver carries at least $10,000 in PIP. To preserve those benefits, you generally must seek medical treatment within 14 days of the accident.

When can I sue the driver who hit me for pain and suffering?

Florida's no-fault system limits most claims to your own PIP coverage. To step outside no-fault and pursue the at-fault driver for full damages, including pain and suffering, your injury generally must meet Florida's serious-injury threshold, such as a permanent injury or significant scarring or disfigurement. A free case review can tell you whether your injuries likely qualify.

How long do I have to file a car accident claim in Florida?

For most car-accident negligence claims, Florida's statute of limitations is two years from the date of the crash. Miss that deadline and you can lose the right to recover entirely. Because evidence and witness memories fade quickly, it is best to speak with a car accident lawyer well before the deadline approaches.

What if the accident was partly my fault?

You may still recover. Florida follows modified comparative negligence: if you are more than 50% at fault you recover nothing, but otherwise your damages are simply reduced by your percentage of fault. Insurers often try to overstate your share of blame, so it helps to have an attorney who can push back with the evidence.

What if the at-fault driver had no insurance?

Many Florida drivers are uninsured or underinsured, which is why Uninsured/Underinsured Motorist (UM/UIM) coverage is so important. If you carry it, your own policy can help cover damages the at-fault driver cannot pay. We review every available policy to find each source of recovery for your injuries.

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