Florida Car Accident Laws
In 2006, the National Highway Traffic Safety Administration stated that there were 3,097 car crashes that resulted in fatality in the state of Florida.
If you have Florida Fault insurance, which is actually called No Fault, your insurance will cover the damages you incur in a car accident. The amount depends on your insurance policy limits. You may be able to receive damages from the other party in certain cases.
Florida car accident laws and Pure Comparative Fault allows the courts to reduce your award for damages you would have received from the car accident, if you were the party at fault. One example is if you submit a lawsuit for $20,000 but you were 10 percent at fault for the car accident, you would receive $18,000.
In Florida, drivers must purchase car insurance that includes bodily injury and property damage liability. Property damage consists of $10,000 and personal injury consists of $20,000 for every person inside of the car when the accident occurred. No one person will be given more than $10,000 with this type of liability insurance.
If you plan on taking your court case to a small claims court, the limit is $5,000.
If you were the victim of a Florida car accident with a government employee, you will file your claim with the government agency the employee works at. Government employees include those working for the city, state, county, town, public agency or public school. You must file a report with the agency before claiming a lawsuit or your case will not be taken. Even if the government agency turns your claim down, you can sue them as long as you filed this report.
The Statue of Limitations in Florida states you have four years from the date of sustaining your injury to be filed. If you are planning on suing for wrongful death, you must submit a claim within two years of the death.
Talk to a Melbourne injury attorney to find out where you should file your claim. You would file a county court claim if the claim is $15,000 or less. You would file in a circuit court if the claim is more than $15,000. You will go to the court system to file your lawsuit where you had the Florida car accident.
The personal injury attorneys at Charpentier Law Firm represent Florida residents that have been injured as a result of brain injury, medical malpractice, and other accidents.