If you have been in a car accident, then depending on who was at fault, the severity of the accident, and the level of insurance you have, you may be able to claim damages from either your own insurance or that of another party.
In Florida, drivers are required to carry property damage coverage as part of their auto insurance policy. This means that if you were in an accident that wasn’t your fault, then you should be able to claim damages from the other party, although you may first have to prove that they were at fault for the accident. If you were at fault, then whether you can claim from your insurance will depend on the level of coverage you have.
Insurance policies and liability following car accidents are complications, and so it is a good idea to seek a free consultation with a lawyer. That way, you can be confident about your next steps.
At The Law Place, we offer a free consultation. This allows you to phone up and get some much-needed clarity on your car accident claim and what your next steps should be. If we believe you have grounds to claim compensation, then we can help you pursue legal action. However, you have no obligation to representation.
Contact us today at (941) 444-4444 and schedule a free consultation.
What Is Full Coverage Car Insurance?
There is no such thing as full coverage car insurance. There are usually always situations where someone might not be covered following a car accident.
Every state has certain minimum requirements for car insurance, and then people can choose to have extra coverage if they want. For example, you could add on comprehensive and collision insurance or uninsured motorist coverage.
What If the Other Driver Was at Fault?
In Florida, the at-fault driver is required to pay for damage to the other party’s car under their property liability coverage. Every driver is required to carry $10,000 in property damage to cover this.
If the damage to your car exceeds the limits of their policy and you have collision coverage, then you may be able to claim from your own insurance.
If the at-fault driver was uninsured or underinsured, and you have insurance to cover this, then you may be able to claim damages from your own insurance company.
If the damage exceeds both insurance policies, then you may still be able to make a claim against the at-fault party personally. You should seek a free consultation to speak about the details of your specific case.
What If I Was at Fault?
If you were at fault for the damage to your car, then you may still be able to claim from your insurance if you have comprehensive or collision coverage.
In This Article
- Types of Car Insurance and Requirements in Florida
- Bodily Injury Liability
- Property Damage Liability
- Uninsured and Underinsured Motorist Coverage
- Personal Injury Protection
- Comprehensive and Collision Coverage
- Florida Is a No-Fault State
- Speaking to Insurance Companies
- When to Speak to a Lawyer
- Contact The Law Place Today
Types of Car Insurance and Requirements in Florida
Even if you do not live in Florida and you are just driving through, you are still expected to have a certain level of car insurance.
Here are the different types of coverage and details about Florida requirements.
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Bodily Injury Liability
Bodily injury liability is medical payments coverage. It covers the cost of any injuries or death caused to another road user following an accident that was your fault. This is not required in Florida. However, considering the high cost of medical bills in the United States, it is a good idea to have this coverage.
Property Damage Liability
Property damage liability covers expenses related to the damage to another person’s property following an accident that was your fault. Florida requires at least $10,000 in property damage coverage.
However, $10,000 is very low, and so it could be a good idea to opt for higher coverage.
Uninsured and Underinsured Motorist Coverage
Uninsured and underinsured motorist coverage helps cover your medical bills if you were not at fault and the at-fault party has insufficient insurance. This is not required in Florida.
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Personal Injury Protection
Personal Injury Protection or PIP covers the medical or funeral expenses of you or a passenger in your vehicle if hurt in a car accident. Florida requires you to carry PIP coverage with a minimum of $10,000.
Comprehensive and Collision Coverage
Collision coverage helps with the costs of repair of your vehicle or its replacement if damaged in a car accident. This is not required in Florida, but if you have been in an accident and you are looking to claim damages for your car, then you should check your insurance policy to see if you have it.
Comprehensive coverage helps to repair or replace your vehicle if it is stolen or damaged by things like vandalism or storms.
Florida Is a No-Fault State
In accordance with Florida Statue 627.7407, Florida is a no-fault state. This means that regardless of who was at fault for a car accident, you should first seek medical expenses from your own Personal Injury Protection Insurance, up to the limits of your policy. If your medical expenses exceed your policy limits, then you can claim from the other driver.
In Florida, you are also required to carry property damage coverage. If your car has been damaged in an accident, then the at-fault party should have insurance to cover the expenses up to the limits of their policy. If your damages cost more than their policy limits, then you may still be able to make a claim against them, and they may be required to pay from their own pocket.
Proving liability can be difficult, and depending on the circumstances of your case, you may require an attorney who can gather evidence on your behalf and fight for fair compensation.
Speaking to Insurance Companies
Ultimately, whether you can use your own insurance to cover damages to your car depends on your auto insurance policy. You may want to contact your insurance company to check your coverage.
However, it is important to take great care when speaking to your insurance company. They employ skilled insurance adjusters whose job is to pay out as little as possible. Keep your questions simple, and avoid talking about the accident and never admit any liability.
You may have been in what you believe to be a minor accident or a straightforward case. However, you may not have all the information straight away, and the other party could still try and make a claim against you.
When to Speak to a Lawyer
It is always a good idea to get a free consultation following any car accident, even if you think you may be at fault. If you do not follow certain protocols, then you could ruin your chances of seeking damages.
An attorney will be able to give you unbiased advice and has your best interests at heart.
You should also seek medical attention, the adrenaline following a car accident could mask your injuries, and the sooner you are treated by a doctor, the better.
What Will a Lawyer Cost Me?
Following a free consultation, if we believe that we can help you claim damages, then we will offer you representation, which you have no obligation to accept.
However, if you do decide to continue with representation, then you will not have to find any money upfront. We work on a contingency basis which means that our fee is deducted as a percentage of your eventual settlement. Most people that have representation from an attorney benefit greatly from representation and end up with a larger payment, despite their legal fees.
All our costs are upfront, nothing is hidden from you, and everything is monitored by The State Bar Association.
Contact The Law Place Today
At The Law Place, most of our attorneys have a 10.0 AVVO rating, which is the highest possible rating. AVVO ratings consider things such as reviews from previous clients, awards, and years in service. When you speak to us, you know that you are getting advice from someone who is experienced in Florida law and dedicated to their clients.
Call our law firm today at (941) 444-4444 for a free consultation with an experienced attorney.