What do I do if an out of state driver hits me?
Your immediate post-accident steps don’t change: call 911, ask the police to come, document as much of the scene as possible, and get prompt medical attention. Florida law applies in any accident that occurs in the state, even if one (or both) drivers are from out of state. So, if you have a Florida policy, and are eligible for benefits, your Personal Injury Protection (PIP) coverage will kick in first.
Accidents involving an out-of-state driver may have more legal complications than collisions involving Florida-only drivers. Founding Partner and Florida car accident lawyer at Guardian Legal Counsel, Kelli Martinez, can represent your interests after the wreck, making sure that your rights, including the right to file a civil claim for compensation if you’re seriously injured, are protected. Contact us today for a free consultation.
Does Florida law apply to out-of-state drivers?
Yes, Florida car accident laws govern accidents that occur in the state. Anyone who drives on Florida roads tacitly agrees to abide by Florida traffic laws, including how car accidents are handled.
Florida is a “no-fault” state for car accidents, meaning each driver’s insurance policy covers their own damages first, regardless of who caused the accident. No-fault rules help reduce the number of low-value car accident lawsuits and make it easier for drivers to settle their medical bills and get their car fixed after the wreck.
No-fault doesn’t mean that no one can be held liable, though. When one driver’s negligence or recklessness causes a wreck and seriously injures another person, that driver can be held liable for the victim’s injuries and be required to pay them damages.
Drivers who are seriously injured (according to Florida law, serious means injuries that cause significant disfigurement or loss of bodily functions) can step outside the “no fault” rule and file a civil claim for compensation against the at-fault driver.
Challenges that come up when the at-fault driver isn’t from Florida
Crashes involving one or more out-of-state drivers can quickly get complicated in a number of different ways.
Visitors may be unfamiliar with Florida’s PIP laws, for example, and may try to file a claim against your insurer. Or, their policy may not meet Florida’s standards, which could make filing a claim for serious injury damages a little tricky.
The other driver’s insurance carrier may insist that a claim be filed in their state, not Florida courts. Some states have more favorable rules for insurance companies, such as those that follow a contributory negligence rule. Contributory negligence laws for car accidents bar anyone from recovering compensation if they contributed even 1% of the blame for the wreck.
Florida, by comparison, follows a modified comparative negligence rule. Victims who contributed less than 50% of the blame for the wreck (and who are seriously injured enough to be permitted to sue) can recover compensatory damages. However, the amount of the plaintiff’s award will be reduced by the percentage of blame that they contributed to the wreck.
If the other driver was in a rental car, the issue can be complicated by multiple liable parties or the risk of underinsurance. You may have to file multiple claims against multiple parties, including the driver’s own insurance company and the rental company’s.
Working with an experienced Florida car accident lawyer, like Guardian Legal Counsel, can help expedite the claims process and ensure that your claim is handled where it belongs, in Florida.
How can a lawyer help me if I get hit by an out-of-state driver?
Because adding an out-of-state driver to the mix makes settling car accidents more complicated, working with a local Florida car accident attorney is essential. They know the state’s liability laws inside and out and can identify your rights, including the right to file a lawsuit.
Your lawyer can also sort through all the applicable insurance coverage, which could include the driver’s own policy, an employer policy, or rental car coverage. This ensures that you get sufficient compensation to cover all your medical needs (including future medical damages), property damage, and an appropriate amount for your pain and suffering.
If you’re seriously hurt in a car crash, you’re not in a good position to figure out which insurance policy to file a claim with, negotiate with the insurer, and try to prove your case. Our team are professional negotiators who drive a hard bargain. We fight to keep your case in the Florida courts and prepare a strong argument supporting your claim.
You have enough headaches after an injurious car accident. Let the legal team at Guardian Legal Counsel take the worry about settling your claim off your shoulders. Call us today for a free consultation.