Under Florida state law, all drivers are required to file a claim with their own insurance provider first. Auto insurance laws follow no-fault guidelines. This indicates that all drivers are responsible for their own medical expenses and property repairs. However, some cases could lead to the need for a lawsuit.
When Is a Lawsuit Warranted?
Any permanent injuries, disfigurement, or scarring that is produced during an automobile accident warrants a lawsuit. The medical requirements for treatment as well as pain and suffering are covered fully by personal injury protection. Injuries that prevent the accident victim from returning to work are included in these guidelines.
When Should a Victim File?
All accident victims have a four-year window to file an injury claim. However, the victim must have proof that they filed a claim through their PIP insurance. The case must also fall within the Florida serious injury threshold. An attorney could help the victim determine if their injuries qualify under this ruling.
Explaining Comparative Fault Rulings
Comparative fault rulings come into play after a fault is identified. These rules indicate that if the victim played a role in causing the accident they are also at fault. The court evaluates the actions of the victim to determine what percentage of fault is theirs. If the court determines that the victim was also at fault, and assigns a percentage, the settlement is reduced according to this percentage. If it is fifty percent or greater, the possibility of compensation is forfeited.
These specific rules indicate that the victim’s actions must equate to a moving violation. For example, law enforcement must identify the speed at which they were travelling if the determination was that they were speeding. If the victim is accused of DUI, law enforcement must present breathalyzer or chemical testing results to support the claim.
Florida accident laws require a victim’s injuries to meet certain criteria before they file a lawsuit. They must also comply with state auto insurance laws. Any drivers without personal injury protection and liability insurance face administrative penalties. This could jeopardize their ability to file a formal claim. To learn more about laws that apply to an automobile accident, visit Northfloridaautoaccidentlawyer.com for further details.
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