Florida is a no-fault state, meaning motorists submit claims to their own insurers after car wrecks. The goal of this system is prompt reimbursement for injuries, regardless of any one driver’s fault. Negotiations can crumble if you are unsatisfied with your insurer’s settlement offer.
Fault can nevertheless come into play. Injured motorists may seek compensation from an at-fault driver’s insurance company or from the at-fault driver personally. The likelihood of receiving a settlement following an accident is fact-dependent and not entirely predictable. One variable you can control is your choice of legal representation. By engaging Largey Law Firm, you ensure a conscientious analysis of your case. We are committed to reaching a settlement that meets your needs on your terms.
Prospects of Settlement with Your Own Insurance Company
The most direct method for achieving a car crash settlement is submitting a claim to your own insurer. Under Fla. Stat. §§ 627.730𑂾627.7405 (2022), the Florida Motor Vehicle No-Fault Law requires motorists to purchase no-fault insurance. This law is meant to provide financial protection to drivers hurt in auto wrecks, while avoiding costly investigations into who caused the collision. Florida drivers must maintain coverage, allotting $10,000 to personal injury protection (PIP) and $10,000 to property damage liability.
A driver should be able to rely on their insurance company for relatively quick payment of PIP-insured medical, disability, and death benefits. Similarly, no-fault laws promote reimbursement of property damage covered by your policy. You may, however, suffer personal or property injuries in excess of, or different from, your PIP and property damage liability coverage.
You are the decision-maker when it comes to settling with your insurer. Often, their initial settlement offers are deficient. Adjusters will rationalize these insufficient proposals, but the result is that you are not being supplied the financial support you need to recover.
An experienced personal injury attorney can assist you in reaching a settlement agreement with your insurer. You may have endured damages beyond your no-fault coverage. If so, a lawyer could increase the probability of a fully restorative settlement by pursuing fault-based remedies.
The Potential for Settlement with the Driver At Fault for Your Accident
Despite Florida’s no-fault rules, injured motorists are not stuck with settlements offered by their insurers. They also have the potential to settle with an at-fault driver.
Florida law compels motorists to acquire policies enabling them to respond in damages for liability on account of crashes arising out of their operation of motor vehicles. Proof of financial responsibility must be produced when an accident occurs. These policies are legally compliant if they allocate, at minimum per accident, $10,000 for death or bodily injuries to one person, $20,000 for death or bodily injuries to two or more people, and $10,000 for damage to others’ property.
When another driver causes the crash you were harmed in, you are empowered to submit claims to the insurer of that at-fault driver and attempt to collect on that motorist’s financial responsibility insurance. If these negotiations fail, you have another opportunity to motivate an agreement with an at-fault driver by filing suit.
You are barred from recovering for harms rectified by your no-fault insurance, but Florida Statutes § 627.737 grants injured people the right to sue for their pain, suffering, mental anguish, inconvenience, and certain significant physical impairments. By initiating an action in court, you create an incentive for the at-fault driver or their insurer to discuss a proper settlement.
A Lawyer Could Advance Your Chances of Settlement After a Car Crash
There is no special formula that will reveal the probability of getting a settlement after an accident. However, an attorney can leverage the facts and law applicable to your case to increase the possibility of a settlement.
Largey Law Firm is prepared to negotiate a settlement on your behalf. Our lawyers take a hands-on approach to finding avenues of redress for injuries you have sustained. Reach out now to discuss your legal options after a car accident.