What Is the Most Common Personal Injury Claim?

As per many sources, the most common personal injury claims in Florida relate to automobile accidents.

Automobile accidents are the second leading cause of fatal injuries for Floridians. In just five months into 2024, Florida has already experienced over 139,906 motor vehicle crashes.

This blog post discusses the most common automobile accident claims in Florida and the legal process of recovering compensation for injuries caused by automobile accidents.

Most Common Auto Accident Claims in Florida

• Car accidents
• Motorcycle accidents
• Rideshare accidents involving Uber and Lyft
• ATV accidents
• Boating accidents

The Legal Process for Recovering Compensation for Automobile Accident Claims in Florida

File Your Auto Accident Claim With Your Insurer

Florida laws require every motorist to carry:

• $10,000 in personal injury protection (PIP) insurance
• $10,000 in property damage liability (PDL) insurance

So if an automobile accident occurs, turn to your insurer to cover your bodily injury expenses under PIP. 

It doesn’t matter who caused the accident; you must first take the benefit of PIP protection. PIP covers 80% of your medical expenses but it covers up to a limit of $10,000.

File Your Auto Accident Claim With the At-Fault Party’s Insurer

PDL covers the property damages of other motorists involved in the accident. Thus, to recover compensation for your property damage, you need to file your claim with the at-fault party’s insurer under PDL.

You can also file your claim with the at-fault driver’s insurer to recover your losses if:

• You sustained severe bodily injuries
• The $10,000 coverage limit of PIP is not enough to cover your expenses

But, whether you can file your claim with their insurer or not depends on whether they are carrying a policy that covers third-party losses. If they do, how much third-party liability coverage does it provide? Is it enough to cover your losses?

In Florida, many people experience automobile crashes that are serious, and PIP and PDL are not always enough to cover medical expenses and damages. Some people carry third-party liability coverage policy while others do not.

The option to file your claim with the at-fault party’s insurer is not available if you collided with someone who does not have a third-party liability coverage policy.

File a Lawsuit Against the At-Fault Driver

Your only option is to file your personal injury lawsuit against the other driver when:

• PIP is not sufficient to cover your losses.
• The other driver does not carry a third-party liability coverage policy.
• You don’t carry a policy that can cover your damages such as an uninsured or underinsured driver policy.

 If you win the lawsuit, you will be able to recover compensation for all your damages, including non-economic damages, such as:

• Loss of enjoyment of life
• Emotional distress
• Loss of consortium
• Physical impairment

You can recover non-economic damages by filing your claim with your insurer.

If you collide with a rideshare driver, they will have a million-dollar policy from their employer’s insurer. You can benefit from this million-dollar policy if they were working for their employer at the time of the collision.

Statute of Limitations

The statute of limitation for filing an auto accident lawsuit is two years from the day your accident occurred.

You will likely lose your right to seek compensation if you don’t file your automobile accident lawsuit within the two year time limit. 

The Role of Insurance Companies in Compensating Injured Victims

Insurance companies advertise that they will take care of their clients’ financial needs in difficult times if they make regular, on-time payments to them. However, the reality is different.

When people sustain injuries and need financial aid, the insurance companies usually look for reasons to minimize payouts or not pay at all. They will use various tactics to reduce or deny payments. They have extensive resources, including an experienced legal team, to protect their interests. Whatever money they avoid paying increases their profits.

A Florida injury law firm understands all their tactics. They can help you avoid being taken advantage of by insurance companies and get you the compensation you deserve.

Conclusion

It is hard to recover compensation because personal injury laws are extremely complex. Furthermore, you have only two years to file your lawsuit.

Therefore, it becomes necessary for you to consult an experienced Florida personal injury lawyer as soon as possible. They understand these complex laws and can help you recover the compensation you deserve.