Getting into a car accident can lead to costly medical bills and car repairs that make sticking to your monthly budget almost impossible. Though your car insurance policy should help cover a portion of your expenses, it may not be enough to fully compensate you for your damages. This leaves many drivers wondering if they can sue the driver responsible for their injuries, especially given Florida’s no-fault rules. Luckily, filing a lawsuit is possible in some situations. Here’s what your Florida car accident attorney wants you to know.
Understanding Florida’s No-Fault Law
Florida is considered a no-fault state, which means each driver needs to file an insurance claim with their insurance provider regardless of who is responsible for the accident. Every driver is required to have personal injury protection (PIP) insurance, which is designed to cover the first $10,000 of your medical bills resulting from the accident. Once you file the claim and work with your insurance provider, you’ll likely receive a settlement to help cover the cost of your injuries and medical treatments.
If the amount you receive from your insurance provider isn’t enough to fully cover your expenses, you may be able to file a lawsuit against the other driver for the remaining amount.
Who You Can Sue After a Car Accident
In Florida, you’re able to sue several different parties, depending on the accident and your situation. Your Florida car accident attorney can help you figure out who you should sue based on your situation. But here are some of the more common parties you may need to take legal action against.
The Driver Responsible for the Accident
You may be able to sue the driver responsible for the accident if your insurance settlement isn’t large enough. Since they’re responsible, they are liable for any additional compensation that the court deems appropriate. Keep in mind that if you sue the other driver, you may not get much in the way of a settlement. They’re an individual like you and may not have a large income or savings pool to draw from.
The Driver’s Insurance Provider
You may be able to sue the other driver’s insurance provider, especially if the other driver doesn’t have much money. Your attorney can guide you through the process. Typically, you’ll start by filing a claim with the other driver’s insurance provider for your injuries. If the claim is too low or they deny your claim outright, you may be able to take them to court.
Your Insurance Provider in Some Instances
Your insurance provider may also be party to a lawsuit in some instances. If they deny your claim even though your accident should be covered based on your policy’s details, you can request an appeal.
It’s a good idea to work with a Florida car accident attorney if you’re appealing a decision with your insurance company. Your attorney can represent your interests and ensure that the company follows through. If they deny your appeal, your attorney can help you file a lawsuit against the provider for bad faith practices.
What You May Be Able to Sue For
Though there’s no guarantee that a lawsuit will be successful, it can be worth suing the other driver and insurance providers if your settlement is too low. When you sue, you’ll typically be able to sue for both economic and non-economic damages. This includes, but is not limited to, the following:
- Past and future medical bills
- The cost of vehicle repairs
- Lost wages for missed work
- Diminished quality of life
- Pain and suffering
- Mental anguish
- And more
Every situation is unique, and your attorney will help you decide which types of damages you’ll want to pursue.
Let Winegar Law Help
If you’ve been in an accident and are concerned that your insurance settlement isn’t enough to pay for your recovery, don’t wait. Contact Winegar Law and schedule a free consultation with our experienced Florida car accident attorneys.