September 1, 2022
If you have recently been in a car accident, know someone who has, or just like to be prepared, here is a compilation of some commonly asked questions about legal requirements in the event of an accident in Florida. It is usually best to consult a Melbourne, FL car accident lawyer for questions specific to your case, but these commonly asked questions will give you a good overview of what the law states.
What do I do if someone is injured in a car accident?
Florida law stipulates that drivers must stop if someone is injured and if the injury is serious or if property was damaged at a value of over $500, you must call law enforcement and stay at the scene until they arrive. The law also requires the exchange of information, such as names, address, and vehicle registration. It is not required by law, but if you are physically able, it can help to also document the scene yourself. Take pictures of license plates, damages done to both vehicles, and atmospherics, such as wet roads, snow, or ice. If possible, it can also help to capture the name and contact information of any witnesses.
What are my responsibilities if my car is in the middle of the road after an accident?
Florida law requires you to remove your vehicle if it is blocking the road. If you are uninjured and can push it to the side of the road, do so. If not, call a tow service when you are able.
What are Florida’s car insurance requirements?
Florida requires all drives to have car insurance and proof of such insurance in the vehicle at all times. The lowest amount of insurance you can carry is $10,000 for personal injury protection and $10,000 for property damage liability. Of course, you can always choose to carry more. The personal injury protection covers costs that could come from an injury such as medical bills or lost wages. The property damage covers damages to the other person’s vehicle or a new vehicle if theirs is not able to be repaired.
What does it mean that Florida is a “no-fault” state?
“No-fault” refers to the fact that when an accident occurs, both drivers’ insurance companies pay for accident expenses regardless of which driver was at fault. If your injuries or damages are not adequately covered through insurance, you have the option to file a lawsuit.
How long do I have to file a claim?
Technically you have up to two years to file a claim, however, often it is better to start the claim process as soon as you can after the accident. The sooner you file, the fresher the incident is in your mind as well as potential witnesses. It is also worth noting that in Florida, if you are planning to file a lawsuit against a public entity (city bus driver is a common one), you must file within 90 days of the accident.
If you have been in a car accident, you may have a case. Schedule a consultation with one of our lawyers at Tuttle Larsen, P.A. to discuss your options.