Car accidents can happen in an instant, but the legal aftermath can stretch on for months. If you’ve recently been injured in a crash, you may be wondering who’s responsible and, more importantly, how you’ll be compensated for your losses. In Florida, car accident liability works a bit differently than in many other states, and understanding the basics can make a big difference in what steps you take next. Continue reading and reach out to a skilled Jacksonville personal injury lawyer from Ansbacher Law to learn about Florida’s car accident liability laws and what they mean for your injury claim. Here are some of the questions you may have:
What Is Florida’s No-Fault Law?
Florida follows a “no-fault” insurance system, which surprises many people, especially if they’ve moved from another state. In simple terms, no-fault means that after a car accident, your own insurance pays for your initial medical expenses, no matter who caused the crash. This coverage comes from your Personal Injury Protection (PIP) insurance, which every Florida driver is required to carry.
PIP typically covers up to 80% of medical bills and 60% of lost wages, up to a limit of $10,000. That may sound like a lot, but in serious accidents, these costs can pile up quickly. It’s important to note that PIP only covers economic damages—not pain and suffering or emotional distress.
But here’s the catch: while no-fault laws aim to reduce small claims from flooding the courts, they don’t prevent seriously injured people from pursuing further compensation.
How Does Car Accident Liability Work in the State of Florida?
Florida’s no-fault rules have exceptions, and these exceptions matter a lot when you’ve suffered a “serious injury.” Under state law, a serious injury may include permanent disfigurement, significant scarring, loss of bodily function, or a permanent injury diagnosis by a doctor.
If your injuries meet this threshold, you can step outside the no-fault system and file a personal injury lawsuit against the driver who caused the crash. In that case, liability becomes a central issue, and you’ll need to show that the other party was negligent—meaning they failed to use reasonable care while driving.
Negligence can take many forms: distracted driving, speeding, failing to yield, or driving under the influence, to name a few. Proving it often requires a thorough investigation, police reports, eyewitness accounts, and sometimes even expert testimony.
What If You Were Partially At Fault?
It’s a common question—and an important one. Florida operates under a modified comparative negligence rule. That means you can still recover damages if you were partially at fault, but your compensation will be reduced based on your percentage of fault. However, if you’re found more than 50% at fault, you may not be eligible to recover anything at all.
For example, if you’re awarded $100,000 in damages but found to be 30% at fault, your recovery would be reduced to $70,000. This system makes it even more critical to have experienced legal representation on your side.
If you have additional questions about car accident liability in Florida or you believe you have a valid car accident claim, please don’t hesitate to contact Ansbacher Law today.
