In Florida, a person injured in a car accident has the right to sue the at-fault driver and the owner of the at-fault driver's vehicle. Therefore, the state requires that all drivers have personal injury protection (PIP) and property damage liability (PDL) coverage. That means you'll need to apply for compensation from your insurance first. However, some of your medical claims may exceed the limits of your car insurance policy.
Your health insurance may cover you or you may start accumulating debts. Suing a negligent driver after a car accident can allow you to maximize your recoverable damages, since you can seek compensation for damages such as pain and suffering. Because Florida is a no-fault state, the injured party does not need to file a third-party insurance claim against the driver whose negligence caused the accident. Of course, if a person has died in a car accident, their loved ones have the right to file a lawsuit and sue for damages.
An attorney can help determine if the driver at fault for your accident was also negligent or not. The comparative fault rule in Florida applies even if it is determined that you are more responsible for the accident than the other driver. Drivers know that passengers can be injured as a result of their actions, which means they must act in certain ways to avoid such injuries. The idea of no-fault car insurance laws is often baffling, as one driver is almost always more at fault than another after a car accident.
While the road poses many challenges, such as driver negligence, poor visibility, uneven surfaces, black spots, pronounced eyebrows, and poor lighting, a competent driver is expected to drive the vehicle safely in all of these situations. According to the Centers for Disease Control and Prevention (CDC), falling asleep while driving is a major problem in the United States. Suing an at-fault driver can allow you to increase the value of your personal injury claim, since you can seek compensation for non-economic and other damages that are not covered by car insurance. However, if the insurance company disputes liability for the car accident or refuses to pay a fair amount to settle the claim, you can choose to sue the other driver.
In this circumstance, the victim could attempt to obtain compensation from the guilty driver in a court of law. In other words, you can file a lawsuit against the driver who caused your accident if you suffered a serious or catastrophic injury.
