Can I File a Personal Injury Claim if I Was Driving With a Suspended License?
In Florida, your driver’s license could get suspended for various reasons. For example, if you accumulate a certain number of points due to traffic violations within a specific period, your license could get suspended. If you are caught driving under the influence of drugs or alcohol, it can result in immediate license suspension. In Florida, a driver with a suspended license is not legally allowed to drive. Driving with a suspended license is an offense that can result in serious consequences. But what if you drive with a suspended license and then get into an accident? Can you still pursue a personal injury claim? You can still file a personal injury claim after a Florida car accident, even if you were driving with a suspended license. The fact that you were driving with a suspended license does not automatically bar you from filing a personal injury claim. However, there are some potential complications to be aware of.
Legal Right to File a Personal Injury Claim
In Florida, the primary consideration in any personal injury claim is negligence. Your right to pursue a personal injury claim is not based on your driver’s license status. You can still file a personal injury claim if the other driver’s negligence caused your accident and injuries, even if you were driving with a suspended license. The fact that you were driving with a suspended license does not absolve the other driver of the responsibility to drive safely.
However, it is vital to note that driving with a suspended license is an offense. You can face several legal consequences if you get into an accident and the police discover you were driving with a suspended license. Penalties for driving with a suspended license in Florida include monetary fines, jail time, extension of the suspension period, and permanent revocation. But this is a separate legal issue that differs from your personal injury claim.
Potential Complications You Could Face in Your Personal Injury Claim
As mentioned earlier, while you can file a personal injury claim even if you were driving with a suspended license, there are some potential complications you need to be aware of. After you file your personal injury claim, the other driver’s insurance company may attempt to use your suspended license as a reason to deny or devalue your claim. The insurance company may use the fact that you were driving with a suspended license to question your character and credibility. They may argue that your behavior indicates a disregard of the law and could suggest contributory negligence on your part.
The Comparative Negligence Law
Fortunately, even if the other driver’s insurance company succeeds in proving that a certain degree of contributory negligence on your part applies, you can still recover compensation. Florida’s modified comparative negligence law allows you to recover compensation in a personal injury claim as long as you are 50% or less responsible for the accident. However, if you are partially to blame for your accident, your compensation will be reduced by your percentage of fault.
Contact Us for Legal Help
A suspended license may make your car accident case more difficult to handle. Our Orlando personal injury attorneys at The Pendas Law Firm are here to help you through this complex process. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Ocala, Fort Myers, Fort Lauderdale, Miami, Tampa, Jacksonville, Bradenton, Daytona Beach, West Palm Beach, Naples, and Melbourne areas.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html
