What Should I Do If Someone Sues Me After a Car Accident in Florida?
May 31, 2022 | Sagi Shaked | Car Accidents
If you’ve been involved in a car accident in Florida, you’re probably hurt, worried about medical bills, unsure of whether you’ll need to replace your car or not, and concerned about missing work. You may not be thinking about getting sued by the other driver. Each case is different, but having legal representation is important for protecting your rights.
Florida Car Accident Laws
Usually, personal lawsuits aren’t necessary after a Florida car accident because both parties should have insurance policies to help cover any damages. Florida drivers are required to carry Personal Injury Protection (PIP) insurance, which covers each individual involved in an accident (up to a point).
So the other driver directly coming after you is rare. However, if you caused the accident, the other party might file a claim against you or your insurance for the damages they suffered. The accident must be “serious” for this possibility to occur.
Florida is a no-fault state for car accidents. This means that each driver can benefit from their PIP policy regardless of fault and can only pursue other avenues of compensation in limited circumstances.
What If the Other Driver Sued Me?
There are a few questions to keep in mind if you’ve recently gotten into an accident, like can someone sue you for a car accident in Florida, and there are factors that you should take into account when wondering if the other driver can sue you.
Do you have car insurance? If you don’t have insurance and you caused the accident, then there is a real chance that the other driver could come after you personally.
Furthermore, if you do have insurance, do you have enough coverage? The other driver may try to come after you if your policy doesn’t cover the extent of their damages.
Did you cause the accident? Be honest with yourself and with your attorney if you hire one. Usually, the police report will establish who was at fault for the accident. In many cases, the law requires either a long-form or short-form accident report to be filed within ten days of the accident. If the police report determines that you were at fault for the collision, then the other driver may have grounds for a lawsuit.
Legal Representation Helps You
When you’re talking to other parties involved in the accident, know that the other party, their insurance company, and even the police will likely never admit fault for the accident.
Consult with a personal injury attorney. Your lawyer is your advocate, and often, they will speak to the other party on your behalf. If the other driver decides to file a Florida car accident lawsuit, you should never discuss the case unless your lawyer is present to advise you.
The circumstances of each accident are different, and the determination of fault for an accident may not be black and white. Car insurance policies are different, and determining what you will pay for can be complicated. Insurance companies are notorious for trying to lowball claims or even deny them outright. Having a lawyer can help you get the maximum benefit from your insurer.
If the other party decides to sue you after the accident, you should talk to your insurance company and hire a lawyer. If your insurance company takes a long time to approve the other driver’s claim, or if they try to offer less than the other party believes they deserve, then they might sue. Provide the insurance company with a copy of the lawsuit, and allow the insurance company to defend the suit.