In Florida, laws enforce a no-fault system that requires all drivers to have liability, bodily injury coverage, and personal injury protection policies. The insurance requirements reduce the potential for a lawsuit. The state’s no-fault system also reduces the legal avenues for these claims but doesn’t prohibit them. An Automobile Accident Lawyer in Hollywood FL assists victims navigating the red tape.
When Should Accidents Be Reported?
In the state, all accidents that lead to more than $500 worth of damage or where injuries occur must be reported. To report the accident, the parties involved can call a law enforcement agency using the 911 system. If possible, the vehicles are moved out of the flow of traffic to reduce the potential for more accidents or injuries. The officers generate a report of the accident describing, in detail, what happened. The at-fault driver is also identified.
Statute of Limitations
Under Florida Statute Title 8, Chapter 95, Section 95.11, the statute of limitations for traffic accident claims is four years. Under the state’s no-fault system, victims of accidents can only file a lawsuit if they have serious injuries. Serious injuries are defined as any condition that presents a permanent injury or disability. This includes, but is not limited to, paralysis, brain injuries, and disfigurements. Any victim of a serious injury that doesn’t file before the statute runs out will lose the legal right to any compensation.
How Does Comparative Fault Work?
The assignment of blame defines a comparative fault. A counterclaim in an auto accident case could define fault on behalf of the victim. Fault is assigned if the victim committed any moving violations during the accident. A percentage applies to each separate moving violation. The potential award for the claim is reduced according to the percentage of fault that applies in the case.
In Florida, a no-fault system applies to auto insurance and possible accidents. Initially, the victim must file a claim through the available insurance coverage for medical payments and property damage. If the victim sustains a serious injury, they have the right to file a legal claim. Victims start a legal claim by contacting an Automobile Accident Lawyer in Hollywood FL through Law Offices of McCullough & Leboff. P.A. today.