It is essential for all Florida drivers to be familiar with the laws that govern Florida car accidents. In addition to preventing potential future collisions, understanding these laws also provides drivers with pertinent information about compensation and liability in case an accident occurs. Several thousand car accidents happen on Florida roadways every single day, so knowing what to do and how the law can impact your claim is crucial. Understanding Florida car accident laws is also helpful for newly licensed drivers and drivers who have recently completed a driver education course.
Drivers involved in a car accident in Florida need to know what their rights are. Being familiar with the state’s motor vehicle accident laws can help those who are injured determine the best way to pursue compensation for their damages.
At Local Accident Reports, our nationwide car accident attorneys know how incredibly upsetting a car accident can be. Our purpose is to provide our clients with advice and support and make sure their right to compensation is protected. Call us today to learn more about what we can do for you after a serious Florida car accident.
Florida Minimum Insurance Requirements
Florida is one of the very few states that do not require drivers to carry bodily injury liability coverage. This form of car insurance is what pays for injury-related damages a policyholder causes other drivers if they are responsible for an accident.
Florida does require all drivers to carry, at a minimum, the following forms of insurance:
- $10,000 in property damage liability coverage
- $10,000 in personal injury protection coverage
Personal Injury Protection covers some of the policyholder’s own damages after an injury-causing crash, no matter who was at fault. Property Damage Liability covers any property damage the policyholder caused to others during an accident.
Even though Florida drivers are not required to carry bodily injury liability, most do in order to ensure their assets are protected if they cause an accident. Any drivers who do not have this coverage will have to cover damages out-of-pocket if they are named in a personal injury lawsuit.
Do I Have to Report My Florida Car Accident to the Police?
Florida law states that any driver involved in a motor vehicle accident must report the accident to local law enforcement “by the quickest means of communication” if:
- The accident resulted in death or injury, OR
- The accident caused property damage of $500 or more
If an accident does not meet either of these requirements, the drivers involved can instead fill out a “Driver Exchange of Information” or “Driver Report of Traffic Crash (Self Report)” both of which are on the FLHSMV website.
Reporting a car accident, no matter how minor is usually a smart idea because the report it generates can act as evidence if you try to seek financial compensation for your injuries and other damages.
Reporting a Motor Vehicle Accident With No Injuries
In Florida, if no one is harmed in the crash, but property was damaged, including the involved vehicles, drivers are still obligated to stay at the scene until they have made reasonable efforts to report the incident to the owner of the property that was damaged.
Additionally, drivers have a duty to try to locate the owner if the damaged property or vehicle is unattended. If they are unable to locate the owner, they must securely fasten in an open and obvious location a written note that includes their name, physical address, and vehicle registration number. This is in addition to notifying law enforcement.
Cooperation With the Responding Officer is Required
Everybody involved in the crash is required to cooperate with the police. At a minimum, all parties have to provide the responding officer with their:
- Name
- Phone number and address
- Driver’s license information
- Proof of insurance
Any statement a driver makes to the responding officer regarding how the accident occurred may not be used as evidence in either a criminal or civil trial. Law enforcement can, however, testify about what they discovered at the accident scene.
Fault in Florida Motor Vehicle Accidents
Florida is a “no-fault” auto insurance state. In other words, no matter who was at fault for an accident, all drivers will recover financial compensation for minor injuries from their insurance company by filing a claim under their own Personal Injury Protection coverage. This form of insurance pays compensation for:
- 80% of the medical bills incurred due to accident-related injuries.
- 60% of lost wages if the policyholder is unable to work due to accident-related injuries.
- If the accident is fatal, $5,000 in death benefits will be paid to surviving family members of the deceased or their estate.
If the injuries are serious, such as loss of bodily function, wrongful death, permanent scarring, or permanent injury, accident victims can then recover financial compensation outside the parameters of the no-fault system. When injuries satisfy the threshold of severity according to Florida law, victims may bring a personal injury claim against the at-fault driver. In these circumstances, victims are entitled to collect compensation for:
- Medical expenses
- Lost earnings
- Pain, suffering, and inconvenience
- Mental anguish
A qualified Florida car accident attorney can help victims determine if their accident was serious enough that they can recover financial compensation from the negligent driver instead of having to rely solely on their Personal Injury Protection coverage.
No-Fault Auto Insurance Coverage and the Permanent Injury Threshold
The tradeoff for not being required to prove fault to get some medical compensation is that you waive your right to collect damages for pain and suffering unless you can demonstrate in your lawsuit that the accident left you with a permanent injury.
This exchange is actually quite unfair for two reasons. Foremost, this law was passed in the 70s, and the amount of medical expenses it will cover has never been adjusted. So, PIP will compensate you for as much as your injury would have cost about 50 years ago. $10,000.00 covers very few medical expenses today. The second reason this law is unjust is that PIP will only cover $2,500.00 of medical bills unless you have a medical condition they consider an emergency. Not a condition you consider an emergency, not your doctor… the insurance company.
Comparative Negligence Doctrine
It sometimes happens that both of the drivers involved in a car accident share fault. In these instances, Florida’s pure comparative negligence doctrine comes into play.
Comparative negligence is just one of three negligence doctrines used by different states to designate when crash victims are entitled to pursue a claim for damages if they share in liability for the accident and their injuries. The three approaches are:
- Pure comparative negligence: Injured victims are eligible to file a claim for damages regardless of their percentage of fault. A driver who is 99% liable for an accident can still try to collect financial compensation from the other driver. This is the doctrine followed by the state of Florida.
- Modified comparative negligence: Under this doctrine, only drivers whose percentage of fault is less than either 50% or 51%, depending on the state, can pursue damages.
- Contributory negligence: This archaic rule applies in only four states and prevents injured victims from pursuing damages if they were assigned even 1% of the fault for their accident and injuries.
In Florida, as in all modified and pure comparative negligence states, your total amount of financial compensation will be reduced by your overall percentage of fault. So, if you are 25% liable for the crash and sustained $200,000 in losses, you could only recover 75% of your $200,000 in damages or $150,000
Presumption of Negligence in Florida Rear-End Accidents
If you have ever been rear-ended by another driver, you know how difficult it is to determine what the vehicle behind you is doing. The driver of the rear vehicle, however, has an unobstructed view of what is going on ahead of them. The driver of the rear vehicle is also expected to maintain a following distance that will allow them to safely come to a full and complete stop under most circumstances.
This is why the Florida Supreme Court decided that the driver of the rear vehicle is presumed to be negligent in a Florida rear-end accident. This premise can be overcome but the burden is on the defendant to prove otherwise, which is exceedingly difficult to do.
Florida Statute of Limitations
Drivers who meet the threshold of a severe injury and who want to pursue a claim for damages will have to act before Florida’s statute of limitations expires. The statute of limitations applies to all personal injury claims, including car accident claims, that arise from negligence. This helps to ensure that lawsuits are filed in a timely fashion.
In Florida, victims have four years from the day of their injury to bring a claim. If they fail to act within the allotted time, they will not be able to move forward in their quest for financial recovery.
Getting Help from a Florida Car Accident Lawyer
A Florida car accident attorney can provide valuable assistance and insight to car accident victims. If you were hurt in a Florida car crash through no fault of your own, you could be eligible to pursue recovery for your medical expenses, lost wages, and more. The Florida car accident attorneys at Local Accident Reports can help you prove fault and obtain the compensation you deserve. Call us today or reach out online to schedule your free consultation.
