While car insurance and personal injury laws provide car accident victims the means of recovering damages after an accident, unfortunately, victims don't always receive the compensation they deserve. This is because all-too-often, victims accept too low of a settlement amount, or aren't knowledgeable or confident in navigating the insurance or tort law system on their own. After a car accident, make sure you call a Davie car accident lawyer to help you recover your full compensation amount.
How Florida's Car Insurance System Works After an Accident
In Florida, drivers are only required to carry two types of car insurance: PIP (personal injury protection) benefits and property damage liability benefits. There is no requirement to carry bodily liability insurance coverage because Florida is a partial no-fault car insurance state. This means that after an accident, drivers file a claim for benefits with their own insurance companies for medical expenses regardless of who was at fault.
In the event that the driver has suffered serious injuries, such as a permanent disability or permanent scarring the car accident claimant has a claim against the tortfeasor and potentially their own Uninsured/Underinsured Motorist Policy. Davie car accident attorney Jarrett Blakeley will pursue a claim directly against the at-fault driver and help locate any other possible avenues of coverage to assure you receive as much compensation as possible after your Davie car accident.
Time Limits for Filing Your Claim
In order to file a claim directly against another driver, a number of legal requirements must be met. One requirement is ensuring that the claim is filed within Florida's statute of limitations. The statute of limitations in Florida is four years' time from the date of the accident's occurrence according to 2015 Florida Statutes Section 95.11 – if a claim is not filed within this time frame, the right to recover benefits if forfeited. A car accident lawyer can help you file your claim in time.
Other Requirements in a Personal Injury Claim
In addition to filing your claim in time, you'll also need to prove the liability of the at-fault driver in order to recover damages. Liability refers to legal responsibility, and is proven by demonstrating that:
- The driver did something negligent
- The negligence caused your accident
Sometimes, you may also need to prove that you did not do anything negligent to contribute to the accident. If the defense can prove that you did do something negligent, then your degree of fault will reduce your percentage of damages proportionately. In other words, if you were 20 percent at-fault for the accident, then you will only be able to recover 80 percent of your total damages value.
The Importance of Consulting With a Car Accident Lawyer Serving Davie
If you've been injured in an accident, you'll need financial assistance to help you pay for your medical bills, costs of living after the accident, and more. As stated above, you may be able to recover this compensation from your insurance company or from a personal injury claim against the at-fault driver. Either way, you will want a car accident attorney serving Davie on your side to advocate for you. A car accident attorney will help you to understand your rights as a victim, gather evidence, prove negligence, and will negotiate for a settlement amount on your behalf.
To learn more about how to recover damages after a car accident, call car accident lawyer, Jarrett Blakeley at the Blakeley Law Firm, P.A. today. He'll guide you through everything you need to know about your rights to compensation! Call today at 954-253-9445.