Are You Eligible For Compensation After a Florida Intersection Accident?

You’ll find them just about everywhere and there’s no denying that intersections make traveling easier. Intersections connect various roads but they can also come with risks. In 2022, Florida reported 312,317 intersection accidents and most resulted in injuries. 

From running a red light or stop sign to not paying attention when turning into traffic, the causes of intersection car accidents can vary. However, there’s something most drivers have in common. They want to know if they’re eligible for recovering compensation for their injuries and property damage. 

The Sunshine State has a couple of insurance laws that can make it tough to figure out who to name in a potential intersection vehicle accident claim, especially if you don’t have a personal injury lawyer.

Unraveling Florida’s Insurance Rules

States often have a few insurance guidelines. All states have minimum insurance requirements. Florida requires all drivers with vehicles registered in the state to at least meet the minimum liability and PIP (personal injury protection) requirements. However, the insurance guidelines don’t stop there.

The Sunshine State also follows two more insurance guidelines and these can impact your personal injury claim.

Florida Is a No-Fault State

What is a no-fault insurance state? Not only is the term confusing but the same can apply to the definition. Let’s start with explaining no-fault insurance. This type of insurance rule requires everyone involved in an accident to turn to their insurance provider.

Everyone injured in the accident files a claim with their personal injury protection (PIP) insurer. Your PIP policy covers some or most of your medical expenses, typically up to 80%. The policy usually also covers lost income, once again up to around 80%.

What PIP doesn’t cover is your property damage or any non-economic losses like mental anguish, pain, and suffering. If you have full coverage insurance, you should be able to recover some or all of your property damage costs. How much you can recover depends on your policy’s limits. You can’t file a claim for more than your policy agrees to pay out.

What happens if you’re only carrying liability insurance? Unfortunately, your property damage isn’t covered. This may mean you’re covering these costs out of pocket. Before you give up on repairing or replacing your vehicle, don’t forget even though Florida is a no-fault state, there’s still hope. You may still be able to recover damages not taken care of by your PIP policy.

If you’re not sure which type of claim to file after your intersection accident, a personal injury attorney can walk you through the ups and downs of each one.

The Sunshine State Follows Modified Comparative Negligence Rules

Yep, you can be partially liable for your damages. Florida follows modified comparative negligence rules. Also known as comparative fault or negligence, the insurance law can play havoc with your potential settlement amount.

How modified comparative negligence works is fairly simple, at least in theory. If both parties' behavior/actions contributed to the accident, they share the blame. You’re assigned a percentage of fault, anywhere from 0% up to 100%. 

As long as you’re not more than 50% at fault, you can still file an injury claim against the other driver. However, if you’re 51% responsible, you’re stuck only filing a claim with your insurance provider. In other words, you can’t file a claim against the other driver, regardless of the severity of your injuries and/or other damages.

Sometimes an example helps provide a little clarity. If you’re speeding through the intersection with a green light and are hit by another driver running a red light, you both share some of the blame. You’re at fault for speeding. The other driver is assigned blame for running the red light. 

Since the accident probably wouldn’t have occurred but for the other driver’s negligence, you’re probably going to be assigned a lower percentage of fault. The law typically views running a red light as a more serious offensive than going a few miles over the speed limit. Now on to how this can impact your personal injury claim.

Your potential settlement amount is reduced by your assigned percentage of blame. If you’re assigned 25% of the blame and your settlement amount is $100,000, you’ll receive a check for $75,000. Since modified comparative negligence can significantly reduce your settlement amount, you want to do everything possible to avoid being unfairly assessed fault.

Filing an Accident Claim In Florida

Regardless of whether you’re filing a limited or full tort claim, the steps to get started are the same.

Report the Accident

Don’t even think about driving off after being involved in an intersection accident. You should plan on immediately reporting the accident to the authorities. Yes, this means waiting at the accident scene. Even though this can take a while, it’s also a vital step in the claim process. You’re going to need a copy of the accident report to file a personal injury claim.

Don’t Ignore Any Injuries

Since intersection accidents typically result in serious injuries like internal bleeding, contusion, and even traumatic brain injuries, seeing a physician is something that rarely needs encouragement. Unfortunately, there’s a good chance you’ll leave the accident scene in the back of an ambulance.

If you’re fortunate enough to walk away from the wreck, don’t ignore any potential injuries. Make an appointment with a healthcare provider for a checkup. Save all of your medical records, including any bills and receipts. You’re going to need this documentation regardless of the type of no-fault claim you’re planning on filing.

Figure Out Your Claim’s Value

Your Florida intersection accident claim is probably going to include any damages not covered by your auto and PIP insurance. Remember, you can’t claim anything your insurance has already covered. You don’t want to deal with a potential insurance fraud charge.

Most intersection accident claims also list non-economic losses like pain and suffering. This is when it’s a good idea to partner with an experienced intersection accident attorney in the Sunshine State.

Don’t Navigate a Florida Intersection Accident Alone

The Sunshine State has a couple of insurance rules that can complicate even a simple intersection car accident claim. To help ensure you’re not missing out on any potentially recoverable damages, talk to a Florida personal injury attorney. 

By ML staff. Image courtesy of Pexels.