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What Happens After a Car Accident That is Not Your Fault in Florida?

Being involved in a car accident can be a stressful and overwhelming experience, especially if the accident was not your fault. In Florida, understanding the steps to take and your legal rights can help you navigate the aftermath of the incident and ensure you receive the compensation you deserve. Here are some tips on what to do after a car accident in Florida when you are not at fault.

At High Stack Law, our dedicated Florida car accident attorneys are ready to help with your car accident case. From practical tips to in-depth legal advice, we represent your interests every step of the way. 

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Immediate Steps at the Accident Scene

  1. Ensure Safety and Call 911: Your first priority should be safety. Check yourself and others for injuries and call 911 to report the accident. Emergency responders will assess the situation and provide medical assistance if needed.
  2. Move Vehicles Out of Traffic: If possible, move your vehicle to the side of the road to prevent further accidents. Turn on your hazard lights to alert other drivers.
  3. Document the Scene: Take photos of the accident scene, vehicle damage, and any visible injuries. Include details such as traffic signals, road conditions, and license plates. This documentation can be crucial for insurance claims and legal proceedings.
  4. Exchange Information: Collect the names, contact information, driver’s license numbers, and insurance details of all parties involved. If there are witnesses, obtain their contact information as well.

Florida’s No-Fault Insurance Laws: How It Affects Your Accident 

Florida operates under a no-fault insurance system, which means that each driver’s insurance covers their own medical expenses and lost wages, regardless of who caused the accident. Here are the key points to understand:

  • Personal Injury Protection (PIP): Florida law requires drivers to carry PIP insurance, which covers up to $10,000 in medical expenses and lost wages. PIP is designed to provide quick compensation without the need to prove fault.
  • Property Damage Liability (PDL): PDL insurance covers damage to the other party’s vehicle or property if you are at fault. However, if you are not at fault, the at-fault driver’s insurance should cover your property damage.

Compensation for Damages

If you were not at fault, you may be entitled to financial compensation for various damages, including:

  • Medical Expenses: PIP covers a portion of your medical bills, but you can seek additional compensation from the at-fault driver’s insurance for expenses exceeding your policy limits.
  • Vehicle Repairs: The at-fault driver’s insurance should cover the cost of repairing or replacing your vehicle.
  • Lost Wages: PIP covers a percentage of your lost wages, but you can claim additional compensation for income lost due to the accident.
  • Pain and Suffering: In cases of serious injury, you may be eligible to seek compensation for pain and suffering through a personal injury lawsuit.
  • Punitive Damages: Punitive damages punish the other driver if they engaged in intention, willful, or malicious behavior that caused your harm. These are limited to limited situations but can provide significant compensation when available. 

When to Consult a Florida Car Accident Attorney

While minor accidents can often be resolved through insurance claims, more complex cases may require legal assistance. Consider consulting an attorney if:

lawyer holding a wooden gavel and standing in front of a car
  • The insurance companies dispute liability
  • Your damages exceed the at-fault driver’s policy limits
  • You suffered serious injuries or long-term disabilities

An experienced attorney can help you navigate Florida’s no-fault laws, negotiate with insurance companies, and pursue a personal injury lawsuit if necessary.

Get the Help You Deserve After a Florida Car Accident 

After a car accident in Florida that was not your fault, taking the right steps can make a significant difference in protecting your rights and securing fair compensation. From documenting the scene to navigating insurance claims, understanding the process is essential. If you encounter challenges, seeking legal advice can provide the support you need to achieve a favorable outcome.

Speak with the Florida car accident lawyers at High Stack Law for help. Contact us today for a consultation of your case.