Nothing is worse or unfortunate than getting injured in a car accident. Such crashes, accidents, and collisions happen recurrently in Miami and the rest of Florida. If you end up in such a crash, you are expected to take the necessary steps and protect your rights. Florida has a no-fault car insurance system. You will typically file a claim with your insurer to claim compensation for your damages and losses.
There are some circumstances when you can file an injury lawsuit against the at-fault driver. No matter the situation, talking to a Miami car accident lawyer will help your case. Below is an overview of Florida laws for auto accidents.
Should You Report the Car Accident?
Yes, absolutely. Florida laws require the driver to report a car accident to the local law enforcement in case of injury, death, and property damage estimated at $500 or more. Do not run away from the accident scene. If someone is injured, call 911 immediately.
The Statute of Limitations
You cannot wait until eternity to file a car accident lawsuit in the state. The Statute of Limitations in Florida allows four years to the victim to file a lawsuit against the at-fault driver. What if the accident led to the death of a loved one? The family members have two years to file a wrongful death lawsuit. The deadline, however, is not applicable for your insurance claim. You should inform the insurance company at the earliest.
What About Comparative Fault?
When there is more than one driver at fault for a car accident, Florida’s comparative fault rule comes into play. This is a pure comparative fault state. Even when you are more at fault than the other driver, you can sue them, but your settlement will be lower, depending on the fault percentage.
Do You Need to Hire an Attorney?
The short answer is yes. Hiring a car accident lawyer for your lawsuit in Miami is not mandatory but a necessary step. If you had a share in fault, the insurance company would rely on the comparative negligence rule to decide your compensation, and it could be way lesser than what you should get. An attorney can work to protect your rights and take the necessary steps to get a fair settlement. Also, most lawyers take car accident cases on a contingency fee, and therefore, you don’t have to pay the lawyer until you win.
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