What Are My Rights and Responsibilities After a Florida Car Accident?

May 5, 2022
What Are My Rights and Responsibilities After a Florida Car Accident?

After sustaining injuries in a Florida car crash, you have the right to pursue damages from your insurance company or, in some cases, the liable party. You also have various responsibilities to collect evidence, prove liability, and get immediate medical care for injuries.

Read on for more details and to better understand what your rights and responsibilities are after a Florida car accident.

Your Rights After a Florida Car Accident

Florida law provides car accident victims with various rights. For instance, it allows you to claim damages from your insurance company under the no-fault policy.

This aspect means that you do not have to prove that another party was liable for the accident to seek compensation from your insurer. However, if you sustained significant physical harm beyond your coverage, you could also claim additional damages from the other party.

Some car accidents occur due to issues unrelated to motorists' negligence. For example, a defective vehicle part may cause mechanical failure leading to a crash. If you suffer injuries due to a faulty part, you may be able to file a claim against the manufacturer. Other rights you have after a Florida car accident are:

  • Obtaining legal representation
  • Requesting your claim file from insurance adjusters
  • Claiming damages from multiple parties

Florida applies pure comparative negligence laws. This aspect means that you can still claim compensation even if you partly contributed to a car accident. For example, if you were 80 percent liable, you would pursue 20 percent of the sustained damages.

Your Responsibilities After a Florida Car Accident

While Florida law presents many opportunities entitling you to compensation, you have to take various measures to protect your claim rights. First, you should stop at the accident scene and wait for the police to arrive. Failure to take this precaution may constitute a hit and run, which is a traffic offense.

Once the police arrive, you must file a report by explaining your account of the incident. However, if you cannot talk to the authorities due to injuries, you can report the case once your condition improves.

Another responsibility you have after a Florida car accident is getting immediate medical care for injuries. This measure ensures you prevent secondary health issues like infection, disability, and significant scarring. It also provides essential documents needed when filing a claim. More responsibilities you have after a car collision are:

  • Filing your case within the statute of limitations in Florida
  • Obtaining copies of your medical file
  • Exchanging details with other drivers involved in the accident
  • Providing accurate information in your claim file and police report

Insurance companies often require their clients to inform them after suffering injuries and property damages in an accident. In most cases, the grace period differs based on the policy type and the firm.  

When involved in a Florida car accident, call your insurer immediately and provide various details about the crash, such as:

  • The names and contact information of any involved parties
  • The other parties' insurance company details
  • The date and time of the accident

Which Damages Can I Recover After a Florida Car Collision?

Filing a claim after a Florida car crash allows you to recover various damages. For example, you may receive reimbursement for the income and wages you lost after missing work due to physical harm. 

Florida car collisions can cause anguish and distress due to their mental health effects. They can also lead to secondary issues affecting your personal life and relationships with loved ones. For this reason, you may also be able to pursue reimbursement for various pain and suffering, such as loss of consortium.

Furthermore, the physical harm sustained in a Florida car collision can lead to high medical costs. Claiming compensation allows you to recover expenses like:

  • Emergency medical care
  • Medication
  • Surgery
  • Buying assistive medical devices
  • Trauma therapy
  • Doctor consultation fees
  • Rehabilitative care
  • Home nursing care

Should I Gather Evidence at The Accident Scene?

Collecting evidence at the accident scene is vital since it may simplify the claim process. Capture images of damages to your vehicle and other involved cars. You should also take pictures of sustained physical harm before you receive treatment.

If witnesses are at the scene, request their contact details and address. More evidence or information to gather at the scene are:

  • The names and badge numbers of the responding police officers
  • A copy of the accident report (or information on how to obtain it from local law enforcement)
  • Pictures of the other motorists' insurance document

Contact a Florida Lawyer to Understand Your Rights and Responsibilities

A Florida car accident lawyer can help you understand your rights and responsibilities. Call the Dolman Law Group today for a legal consultation. Our attorneys can help you understand your rights and responsibilities following a car accident.