Can I Sue Someone for a Car Accident if They Have Insurance?
Yes, you can sue someone for a car accident in Florida even if they have insurance. However, there are some important factors you need to consider, because Florida is a “no-fault” state.
Stick with us to learn more about how the other driver’s policy limits, your own Personal Injury Protection (PIP) insurance, and the severity of your injuries matter. The resolute attorneys at Colling Gilbert Wright walk you through the fundamentals of this scenario for your information.
How Do Car Accident Claims Work in Florida?
Before we discuss your potential lawsuit, it is essential that you understand how car accident claims work in Florida’s no-fault insurance system. When you are hurt in a crash, your own insurance typically pays for your medical bills and lost wages first, regardless of who caused the collision.
State law requires all drivers to carry a minimum of $10,000 in PIP insurance that covers 80 percent of necessary medical expenses and 60 percent of lost wages, up to the limit. You may be able to sue for additional damages, but only if you meet certain conditions.
Did You Suffer Permanent or Serious Injury?
One key consideration for suing someone for a car accident in Florida is the severity of your injuries. To sue for pain and suffering or damages beyond PIP, you must be able to prove that you were critically injured. This factor includes significant, permanent loss of an important bodily function, permanent scarring, disfigurement, and death.
Did Your Damages Exceed Policy Limits?
If the at-fault driver has insurance, but your medical bills and damages exceed their liability policy limits, you generally have the right to sue them personally to recover the difference. However, you must be able to show that the other driver was negligent to win a lawsuit.
What is the Lawsuit Process for a Car Accident in Florida?
In the state of Florida, a car accident victim may be able to file a lawsuit against both the insurance company and the driver. However, this action is typically reserved for cases when a fair settlement cannot be reached or if the statute of limitations is approaching. That is why we recommend consulting with our skilled Florida personal injury attorneys as quickly as possible after your car accident to evaluate the specifics of your damages and insurance coverage.
Do You Want to Sue Someone for a Car Accident? Connect With Us Now
Colling Gilbert Wright is a trusted legal advocate. Many of our cases come from other attorneys who refer their clients to our highly skilled team. We have experience handling many different types of lawsuits, and our results speak for themselves.
Request a free consultation and case evaluation now to learn whether or not you can sue someone for a car accident if they have insurance. The financial burden associated with a serious car crash could affect you and your family for years to come, and you deserve fair compensation and the best possible chance to help recover your losses.
