In a car crash, you get hurt. So it’s pretty straightforward that you sustained a personal injury, so you have a personal injury claim. Except maybe you don’t. A car claim and personal injury claim are treated very differently, although it’s evident that car accidents cause injury. Florida State requires that drivers carry a specific form of insurance that should cover their own injuries no matter who caused the collision.
Carrying personal injury protection can help ensure that you don’t get stuck with mounds of debt owed to a medical Network after a collision. It is also required in Florida. However, what happens when there’s more than just injury protection to worry about? Well, you still would not file an exclusive personal injury claim but would use your car claim to take legal action against the driver responsible for your injuries. It’s a bit murky, so bear with us. Contact our Florida car accident attorneys for help.
The Full Scope of Personal Injury Claims
The American Bar Association covers that personal injury claims circle around the question of whether the defendant was liable or not. This applies across the board in a fast multitude of situations. If a neighbor’s dog bites you, they’re liable. If you slip and fall at work, then your employer is probably liable. Additionally, if you trip on an unmarked curb on city property, the city could be liable.
The struggle that many drivers face in Florida is the no-fault system takes away the idea of liability in a crash. In fact, the common term “duty of care” is infrequently used in personal injury cases and not so present in car accident claims. What instead is used in Florida is the term “reasonable care.”
What if You Have Injuries from Your Crash
If you have injuries from a crash, then it is likely and probably accurate to say that the other driver is responsible for those injuries. But are they liable? In Florida its no-fault system that outlines that a driver is only responsible for the damages or injuries of another if they acted with extreme negligence or carelessness.
The most common situation in Florida that leads to car accident lawsuits or claims against another driver is intoxicated driving. Driving Under the Influence, otherwise known as operating a vehicle while under the influence of drugs or alcohol clearly goes beyond reasonable care. However, there are additional situations that insurance companies like to downplay, that could open the opportunity for you to seek legal action for the injuries from your crash.
Can You Pursue a Lawsuit for a Car Accident?
It is an option to take legal action, and it may be necessary. If the driver who caused the crash. Bodily injury liability (BIL) insurance, then you may simply have to go through the insurance process. For many Floridians, this is out of the ordinary, but many drivers do carry BIL insurance, and they, reasonably, don’t advertise it.
So, your first option is to go through the standard car crash resolution process that happens in almost every other state. Your second option, if BIL insurance is not available, is to turn to your own collision coverage. Many Florida drivers carry collision coverage to cover the damage to the vehicle, and some carry comprehensive coverage as an extra buffer.
If you don’t have additional insurance that can cover your injuries and property damage, then you would look at pursuing a lawsuit. That lawsuit would outline your damages, and directly link them to how the negligent or careless driving habits of the other driver led to those damages.
Tampa Auto Accident Lawyer – Winters Yonker
Although Auto collisions can certainly fall under the personal injury umbrella, they are often treated separately and differently. Both rely on two primary issues, liability, and damages. However, Florida’s strict regulations on resolving auto collisions have created a greater divide in this state than in other states. First, there’s the 4-year statute of limitations for injuries and a two-year statute for wrongful deaths. Second, there’s the challenge of proving that the damage goes beyond a standard accident. You must prove extreme negligence to support taking your crash claim to court.
Holding the other driver accountable is not always easy. And, when it’s not possible, you might need to take more aggressive action within your insurance company. Either way, bringing a legal professional and call Winters Yonker. The Winters Yonker Law Offices in Tampa have helped many fight for compensation necessary to make a full recovery.