After a car accident, you might be dealing with serious injuries, extended time off work, and other unexpected expenses. If you receive notification that you are being sued, you might be confused and worried. The best thing you can do after receiving this legal notice is to reach out to an experienced attorney to determine your legal rights and if you might be able to file a counter-claim.
What Is Florida’s No-Fault Car Accident Law?
The first question that Florida residents have after receiving notice of a lawsuit against them after a car accident is, “Why am I being sued?” After all, Florida is a no-fault state for car accidents.
Drivers are required to maintain Personal Injury Protection (PIP) insurance under Florida law that helps pay for covered accident-related losses, regardless of fault. Drivers are required to have at least $10,000 in PIP insurance and $10,000 in property damage liability coverage, which pays for property damage they cause to others due to their negligence.
However, this law does not eliminate all possible responsibility for causing other people’s injuries if their damages exceed their insurance coverage.
What Kinds of Damages Can I Recover After a Car Accident in Florida?
If your damages exceed your coverage, then at-fault parties are still responsible for paying for those damages, such as:
- Medical expenses
- Lost wages
- Replacement services
- Property repairs
Florida also provides that accident victims who suffer serious injuries are eligible to claim non-economic damages. Serious injuries are defined as a permanent injury within a reasonable degree of medical probability or a significant and permanent loss of an important bodily function.
Non-economic damages include:
- Pain and suffering
- Mental anguish
- Emotional distress
- Psychological trauma
- Scarring and disfigurement
- Loss of enjoyment of life
If the other driver was more than 50% at fault for the accident, they can be barred from recovering any compensation under the state’s modified comparative fault law.
What Steps Should I Take if I Am Sued After a Car Accident?
Whether or not you are at fault for an accident, there are some steps that you should take.
Try to stay calm and take these steps to protect your safety and finances:
Report the Accident
Even if you think you may have caused the accident, you still need to report the accident to law enforcement to comply with Florida law and in case you need to file a car accident claim with your own insurance company or the other driver’s insurance.
Seek Medical Attention
The most important thing is your health. If you were injured, don’t hesitate to seek immediate medical attention. To be covered by your PIP insurance, you must seek medical treatment within 14 days of the accident.
Exchange Information
Exchange information with the other driver, including names, phone numbers, addresses, and insurance information. Always check for traffic cameras or nearby security cameras that may have recorded the incident.
Gather Evidence
Use your cell phone to take pictures of the accident scene and your injuries. Capture any skid marks or car parts in the road. Ask any witnesses for their contact information.
Don’t Admit Fault
You don’t know all the factors involved, such as whether the other driver was drinking or a defective auto product contributed to the crash. Avoid saying sorry or admitting fault.
Notify Your Insurance Company of the Accident
This will help facilitate your insurer’s processing of any claims and also help you activate your PIP benefits. When you report the accident, provide as much detail as possible about how the crash occurred.
Cooperate With Your Insurance Company’s Claims Process
Provide the information that the insurance company requested, such as the accident report and the pictures you took of the crash. It is the insurance companies’ responsibility to investigate the accident, determine how it occurred, and assign fault for it.
Contact an Experienced Car Accident Attorney
If you have been sued following a car accident, do not face the legal complexities alone; an experienced attorney can immediately review the lawsuit details and protect your rights. A lawyer can handle all communication with the opposing party and insurance companies, building a strong defense strategy on your behalf.
Contact the St. Petersburg Car Accident Attorneys at Graves Thomas Injury Law Group for Help Today
If you’ve been sued after a car accident, it may be possible for you to turn things around and file a counterclaim against the other driver to seek compensation for the injuries you suffered. Contact the Graves Thomas Injury Law Group for a free consultation at (772) 569-8155. Our St. Petersburg car accident lawyers will fight to protect your rights and ensure you aren’t unfairly blamed for the accident.
