Understanding Your Rights After a Florida Car Accident: A 2025 Guide

Car accidents are a harsh reality on Florida roads. Busy highways, tourist traffic, and a mix of bustling cities make it dangerous for motorists. According to preliminary data from Florida Highway Safety & Motor Vehicles (FLHSMV), in 2024, Florida saw a staggering number of car accident reports, with over 300,000 crashes leading to serious injuries and fatalities. Knowing your rights and the steps to take after a Florida car accident is crucial. Here is a guide to help you understand your rights after a car accident in Florida.

Immediate Steps To Take After a Car Accident

The following steps can lay the foundation for protecting and ensuring a smooth process.

• Call 911 to report the accident
• Exchange information with the other driver(s)
• Take photos of the accident scene
• Seek medical attention, even if you feel fine
• Notify your insurance company

Your Rights After a Car Accident in Florida

While the aftermath of a car accident can leave you shaken, understanding your rights is crucial to protecting yourself legally and financially.

Right to File an Insurance Claim

As a ‘no-fault’ state, Florida requires your insurance provider to cover your injury-related expenses under your Personal Injury Protection (PIP) policy, which helps cover medical bills and lost income up to $10,000. However, dealing with insurance companies is not always straightforward, and anything you say can impact the outcome of your claim. It is best to retain a car accident attorney early on to guide you on what to share with the insurance company and, most importantly, what not to say.

Right To Seek Compensation

If your PIP insurance is inadequate, you have the right to seek additional compensation. Although Florida is a no-fault state, there are exceptions to this rule. If you experience serious injuries, you have the right to step outside the no-fault system and file a personal injury lawsuit against the at-fault driver. This allows you to pursue compensation for damages your PIP insurance may not cover, such as pain and suffering and other intangible damages from the accident.

Right To Hire a Personal Injury Attorney

While you can always handle your claim without one, having an attorney on your side can significantly impact the outcome of your case. It is best to have a pro help you navigate Florida’s complex laws and negotiate with your insurance company to get you the maximum compensation you deserve.

Right to a Fair Trial

You have the right to a fair trial if an agreement is not reached during negotiations. Here, a judge or a jury will determine the compensation you are entitled to based on the evidence presented. While most cases are resolved without ever stepping inside a courtroom, knowing that you have this right ensures that you do not settle for an unfair and inadequate deal.

Contact Our Experienced West Palm Beach Personal Injury Attorneys

The aftermath of a car accident can be overwhelming, but understanding your rights can help you navigate it effectively. Call our West Palm Beach personal injury attorneys at The Pendas Law firm to help you navigate the process effectively and receive the compensation you deserve.

The Pendas Law Firm also represents clients in the Orlando, Ocala, Tampa, Miami, Jacksonville, Daytona Beach, Bradenton, Fort Myers, Fort Lauderdale, Naples, and Melbourne areas.

Source:

forbes.com/advisor/car-insurance/pip-guide/#:~:text=Personal%20injury%20protection%20(PIP)%20is,which%20driver%20is%20at%20fault.