According to the laws about comparative negligence, you are able to seek damages from the other party in a car accident. Even if you were partially at fault, you are entitled to recover the percent of the damages that was not your fault. If you were 40 percent at fault for a $100,000 accident, you would be able to recover 60 percent, or $60,000, of the total amount.
The “No-Fault” Laws in Florida
According to “no-fault” vehicle laws in Florida, anyone who owns or drives a vehicle must have personal injury protection and property damage insurance. The minimum amount of coverage must be for $10,000. This approach is designed to make every driver in Florida responsible for their injuries. As long as you are insured, you will be able to recover …show more content…
This means that your insurance company must cover your medical expense and lost income even when the other person is at fault. The only way the other driver may have to pay for the costs is if there is a serious injury. To meet this requirement, you would have to have significant scarring, permanent injuries or disfigurements. Since these descriptions are fairly vague, the courts would have to figure out if your injuries fit the “serious injury” threshold.
Recovering Costs
For your medical injuries to be covered, you must get medical treatment within the first 14 days after your accident. You must seek treatment in order to receive the maximum amount of your benefits. If you do not receive medical care in two weeks, you are only able to recover up to $2,500 in benefits.
Filing Deadlines
According to Florida state law, you must file your lawsuit within four years from the date of the accident. If you are unable to file your case within four years, the courts are unlikely to hear your arguments. There are rare occasions where medical problems develop years later, but these cases are uncommon and not covered if the symptoms begin after the deadline has passed. If you are filing against a state, city or county government, you have three years to file personal injury
The “No-Fault” Laws in Florida
According to “no-fault” vehicle laws in Florida, anyone who owns or drives a vehicle must have personal injury protection and property damage insurance. The minimum amount of coverage must be for $10,000. This approach is designed to make every driver in Florida responsible for their injuries. As long as you are insured, you will be able to recover …show more content…
This means that your insurance company must cover your medical expense and lost income even when the other person is at fault. The only way the other driver may have to pay for the costs is if there is a serious injury. To meet this requirement, you would have to have significant scarring, permanent injuries or disfigurements. Since these descriptions are fairly vague, the courts would have to figure out if your injuries fit the “serious injury” threshold.
Recovering Costs
For your medical injuries to be covered, you must get medical treatment within the first 14 days after your accident. You must seek treatment in order to receive the maximum amount of your benefits. If you do not receive medical care in two weeks, you are only able to recover up to $2,500 in benefits.
Filing Deadlines
According to Florida state law, you must file your lawsuit within four years from the date of the accident. If you are unable to file your case within four years, the courts are unlikely to hear your arguments. There are rare occasions where medical problems develop years later, but these cases are uncommon and not covered if the symptoms begin after the deadline has passed. If you are filing against a state, city or county government, you have three years to file personal injury