Have you or a loved one been injured in a car wreck? Recent updates to Florida car accident laws can add confusion on top of worry.
Here at Maranatha Law, we stay updated on the latest changes to Florida law and develop new strategies to give our clients a competitive edge. If you’ve been in a car accident and have questions, give us a call.
Florida’s No-Fault Car Accident Law
Florida has a “no-fault” car accident law. This law requires all drivers to have personal injury protection (PIP) insurance that covers their own damages up to a certain limit, no matter who’s at fault. It also limits the circumstances in which you can seek compensation from another liable party.
The details in this area of law have changed many times over the years. Here are the current, basic regulations you need to know:
- All drivers must have insurance that covers at least $10,000 in medical and disability benefits for themselves;
- All drivers must have insurance that covers at least $5,000 in death benefits for themselves; and
- A victim can only file a claim against a negligent driver for serious injuries or death.
The reasoning behind the “no fault” law is that it should lower the number of lawsuits in the court system while still ensuring everyone gets the care they need.
The reality is, if you’re in a serious car crash, chances are you’re facing a serious injury. We see many situations where a victim doesn’t think their injury will be significant enough, so they don’t seek a personal injury attorney until it is too late. Don’t let that be you. Call us so we can help you as early on in the process as possible.
Statute of Limitations for a Car Accident in Florida
The “statute of limitations” is your deadline for filing a legal claim after an incident. There are different statutes of limitations for different civil or criminal incidents.
The statute of limitations for a car accident in Florida is two years.
Statute of Limitations before March 2023
If you’ve found sites that say the statute of limitations for a car accident in Florida is four years, they’re probably using outdated information. The statute of limitations in these cases used to be four years. However, the Florida state legislature changed it to two years in March 2023.
If your accident happened before March 2023, you still have a four-year statute of limitations. So, if you were in a car accident in February 2023, you have until February 2027. But if you were in a car accident in September 2023, you have only until September 2025 to file your case.
Wrongful Death
Sometimes people assume that if someone dies in a car accident, the statute of limitations is longer. However, that’s generally not the case.
A wrongful death claim also has a statute of limitations of two years. The caveat is that the time counts from the date of your loved one’s death rather than the date of the accident. For example, if your loved one was in the hospital for several months before passing away, you will have more time than if they had passed away immediately.
Beneficiaries who may be able to collect compensation from a wrongful death claim include:
- The surviving spouse,
- Children,
- Parents,
- Siblings, and
- A survivor who paid the deceased’s medical and funeral costs.
The amount and types of damages available are based on the person’s relationship to the decedent and how much they depended on them.
Florida’s Comparative Negligence Law
The same 2023 bill that shortened the statute of limitations for car accidents in Florida also restricted the circumstances in which a victim could receive compensation.
Before 2023, Florida was a “pure” comparative negligence state. That meant that an accident victim could get some compensation from negligent parties even if they were primarily responsible for their own accident. For example, if a court found that the victim was 60% responsible for the accident, the victim would still be able to recover 40% of the damages.
Now, Florida is a “modified” comparative negligence state. That means that if the court finds the victim to be more than 50% responsible for the accident, the victim cannot be awarded any damages.
Note that this change doesn’t take away comparative negligence entirely. For example, if a court finds the victim 40% responsible for the accident, the victim could still recover 60% of the damages.
With this major change, we have sharpened our car accident strategy here at Maranatha. We work hard to minimize your share of fault so insurance companies can’t get away without paying you. They will try to paint you as responsible, but we’ll fight back. We’ll stand up for your good name and your rights.
Laws change. Your recovery shouldn’t suffer because of it. Let us help you navigate Florida’s new legal landscape with confidence.
SCHEDULE YOUR FREE CASE REVIEWFlorida Accident Reporting Requirements
Florida accident reporting requirements have largely remained the same over the last few years.
Florida law requires the driver of a vehicle to immediately contact local law enforcement if their crash involves:
- $500 or more of property damage,
- Injury to a person, or
- Death to a person.
What about accidents that don’t involve one of these factors? You aren’t required to contact local law enforcement in other accidents. But that doesn’t mean you shouldn’t.
In the stressful moments right after an accident, you may not be able to know if there is $500 worth of damage. You might not realize you’ve been injured. You want to call local law enforcement so you have a police report, just in case you need it later.
Ask Maranatha Law about Florida Auto Accident Laws
Florida auto accident laws are complex and subject to change. The Florida state legislature meets every year to vote on new legislation.
The internet might be a good place to find a quick answer, but it’s not always a good place to find the correct answer.
Call us if you’ve been in a car accident and have questions about Florida car accident laws. We pride ourselves on communicating clearly with our clients.
Tim Maranatha personally takes the time to sit and answer our clients’ questions. We know that car accidents are some of the most stressful events a person can experience. You can count on us to answer your questions promptly and with compassion.
