Can You Sue for a Car Accident if You Are Not Hurt?
In Florida, the roads can be a hot mess. Whether you’re a tourist visiting Disney World or an everyday commuter, you’re bound to experience some of the craziest drivers on the planet. And with all of those tourists driving rental cars, the chances of getting into a car accident increase exponentially. According to The Florida Department of Highway Safety and Motor Vehicles, there were over 400,000 crashes in Florida in 2021, with over 3,700 of those crashes resulting in fatalities. With such a staggering number of accidents happening every year, it’s important to know what to do if you find yourself involved in one. Apart from the obvious – seek medical attention if you are injured and talk to a Sarasota FL car accident lawyer– you may also be wondering if you can sue for a car accident if you are not hurt. This blog post will explore that question in more detail.
What are the main causes of accidents?
Car accidents are all too common on our roads. In fact, they happen so often that it’s easy to become numb to the news reports. But each one is a tragedy, and each one is preventable. So what causes all these car accidents? It’s not just one thing – it’s a combination of factors. Here are some of the most common ones:
Distracted driving
This is one of the leading causes of car accidents. When drivers are texting, talking on the phone, or messing with the radio, they’re not paying attention to the road. And that can lead to disastrous consequences.
Drunk driving
Drinking and driving is never a good idea. But unfortunately, it still happens far too often on our roads.
Speeding
Speed limits are there for a reason. When drivers go too fast, they lose control of their vehicles, and accidents happen.
Reckless driving
This is when drivers take risks and put themselves and others in danger. Things like street racing and weaving in and out of traffic are examples of reckless driving.
Accidents can lead to serious injuries
Car accidents are one of the leading causes of death in Florida. And when they do happen, they often lead to serious injuries. Some of the most common injuries include traumatic brain injuries, spinal cord injuries, broken bones, burns, whiplash-related injuries, and loss of limbs and amputation.
Is Florida A No-Fault State For Car Accidents?
If you’ve been in a car accident, you may be wondering if Florida is a no-fault state. The answer is yes. That means that each driver is responsible for their own damages, up to their insurance policy limits. This is true regardless of who was at fault for the accident. Under the no-fault system, you cannot sue the other driver if you were not seriously injured. Vice versa, the other driver cannot sue you if they were not seriously injured.
What Does No-Fault Insurance Cover
All drivers in Florida are required to have no-fault insurance. This type of insurance covers your medical bills and lost wages, regardless of who was at fault for the accident. It also provides a limited amount of coverage for property damage. The minimum insurance requirements in Florida are $10,000 for Personal Injury Protection (PIP) coverage and $10,000 for Property Damage Liability (PDL) coverage.
What are the limitations of PIP Coverage?
Florida’s no-fault insurance system has its limitations. For one, the coverage is only available up to your policy limits. So if your damages exceed those limits, you’ll have to pay out of pocket. Additionally, PIP only covers a portion of your lost wages and medical bills. It doesn’t cover pain and suffering or other non-economic damages.
Are there exceptions to the no-fault rule?
There exists an exception to this rule, and it is often referred to as the “serious injury” exception. If you have been in a car accident and have suffered a serious injury, you may be able to file a personal injury lawsuit against the at-fault driver. As per Florida Statutes, a serious injury is life-threatening injuries, loss of bodily functions, or permanent scarring, disfigurement, or impairment. This means that serious injuries such as traumatic brain injuries and spinal cord injuries are not covered by PIP.
If you are unsure whether or not your injuries meet the “serious injury” exception, it’s best to speak with an experienced personal injury attorney. They can review your case and advise you on the best course of action.
What damages could you be awarded if you win a personal injury lawsuit?
If you have sustained a serious injury in a car accident, you may be able to recover several types of damages. Unlike no-fault insurance, which has limits on what it will pay out, there is no limit to the amount of damages you can recover in a personal injury lawsuit. You are also entitled to recover non-economic damages, such as pain and suffering.
Some of the damages you may be able to recover include:
- Medical expenses
- Past and future lost wages
- Permanent disability or disfigurement
- Pain and suffering
- Mental anguish
- Loss of consortium (for spouses)
How are damages calculated in Florida?
The value of compensation a victim can recover in a personal injury lawsuit depends on several factors. Some of these factors include:
- The severity of the injuries
- The extent of the damages
- The amount of medical bills and lost wages
- The length of time the victim will require treatment
- The age and health of the victim
- Whether or not the victim can return to work
- The impact the injuries have on the victim’s quality of life.
- What is the statute of limitations for filing a car accident lawsuit in Florida?
In Florida, the statute of limitations for filing a personal injury lawsuit is four years. This means you have four years from the date of the accident to file a lawsuit. If you do not file within this time frame, you will be barred from filing any legal action.
Conclusion
Florida is a no-fault system state, which means that you cannot sue another driver for a car accident unless you have sustained serious injuries. However, if you have been in a car accident and have suffered a serious injury, you may be able to file a personal injury lawsuit. If you have been in a car accident and believe you may have a case, contact Hale Law today for a free consultation. We will review your case and let you know what your next steps should be. For more information on our personal injury services, visit https://halelaw.com/sarasota-personal-injury-attorney/car-accidents/.
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2803 Fruitville Road Suite 240 Sarasota FL 34237,
941-735-4529
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