Hurt in a Florida Car Crash? Filing a Claim From Another State

Hurt in a Florida Car Crash? Filing a Claim From Another State

Each year, millions of tourists flock to Florida’s sunny beaches and exciting attractions. While most visits are uneventful, the Sunshine State sees its share of car accidents involving out-of-state drivers. According to the Florida Department of Highway Safety and Motor Vehicles, approximately 25% of all crashes involve a non-Florida resident. If you’ve been injured in a car crash in Florida but live in another state, you might be wondering about your legal options. Can you file a claim in Florida? Will your insurance cover you? This blog post will walk you through the steps you need to take to protect your rights and pursue the compensation you deserve.

Understanding Florida’s No-Fault Insurance Laws

Florida is a “no-fault” insurance state, meaning that regardless of who caused the accident, your own insurance typically covers your initial medical bills and lost wages. This coverage comes from your Personal Injury Protection (PIP) policy, which Florida drivers are required to carry. PIP covers:

  • Medical expenses
  • Lost wages
  • Death benefits (in fatal accidents)

However, PIP coverage has its limits. In Florida, the minimum PIP coverage is $10,000. This may not be enough to cover serious injuries. Also, PIP doesn’t cover property damage, vehicle repair, or pain and suffering.

When Can You Sue an At-Fault Driver in Florida?

Even though Florida is a no-fault state, you can still sue the at-fault driver under certain circumstances. You can step outside the no-fault system and file a lawsuit if your injuries meet the “serious injury threshold.” Under Florida law, a serious injury includes:

  • Significant and permanent loss of an important bodily function
  • Permanent injury within a reasonable degree of medical probability
  • Significant and permanent scarring or disfigurement
  • Death

If your injuries meet this threshold, you can pursue a claim against the at-fault driver for damages such as:

  • Medical expenses (past and future)
  • Lost wages (past and future)
  • Pain and suffering
  • Property damage

Filing a Claim as an Out-of-State Resident

If you’re an out-of-state resident injured in a Florida car accident, you might be wondering how Florida’s no-fault laws apply to you. Generally, if you are driving in Florida, you are subject to Florida’s no-fault laws. This means you will likely need to file a claim with your own insurance company first, regardless of who caused the accident.

Key Steps to Take After a Florida Car Accident

Whether you’re a Florida resident or an out-of-state visitor, here are the essential steps to take after a car accident:

  1. Ensure Safety and Seek Medical Attention: Your immediate priority should be safety. If there are any injuries, call 911 immediately to get medical attention for yourself, passengers, or the other driver.
  2. Call the Police: Always call the police and get an accident report, especially if the other driver is from out of state.
  3. Gather Information: Collect as much information as possible about the other driver, including their full name, contact details, driver’s license information, insurance provider and policy number, and vehicle details (make, model, license plate number, and state of registration). Also, get the contact info for any witnesses.
  4. Document the Scene: Take photos of both vehicles, visible injuries, the accident scene, and any relevant road signs or signals.
  5. Notify Your Insurance Company: Report the accident to your insurer, even if you weren’t at fault. Your PIP coverage will kick in first for your medical bills. Make sure that you comply with any specific requirements in your policy. For example, you may need to notify your insurance company of the accident within a certain timeframe or provide them with certain information.
  6. Consult with a Florida Car Accident Attorney: An experienced Florida car accident lawyer can help you understand your rights, navigate the claims process, and pursue the compensation you deserve.

Florida’s Long-Arm Statute

You might worry that an out-of-state driver could simply leave Florida and ignore your claim. Fortunately, Florida’s long-arm statute allows Florida courts to exercise jurisdiction over non-residents who cause harm within the state. This means you can still sue a tourist in Florida for a crash, even if they return home. The court can serve them with legal notice in their home state, and if they ignore the claim, a default judgment may be entered against them.

Determining Jurisdiction

Jurisdiction refers to a court’s authority to hear and decide a case. For Florida courts to handle your claim, they must have jurisdiction over both the subject matter of the case and the people involved. If the accident happens in Florida, then Florida courts have jurisdiction, even if the at-fault driver is a tourist from another state. That’s because when someone drives on Florida roads, they’re subject to Florida’s traffic laws and legal system, even if they’re just visiting.

Challenges with Out-of-State Defendants

While Florida law allows you to sue a tourist here for accidents they cause, out-of-state cases often require additional work:

  • Serving legal papers in another state may take time.
  • Insurance policies from other states may differ in minimum coverage.
  • Coordinating with insurance adjusters and attorneys across state lines can slow the process.

The Importance of Legal Representation

If you’ve been hurt in a Florida car crash and you’re not a resident of Florida, it’s highly recommended that you seek legal representation from a Florida attorney. Here’s why:

  • Familiarity with Florida Law: A Florida attorney will be well-versed in the state’s no-fault laws, serious injury threshold, and long-arm statute.
  • Navigating the Claims Process: An attorney can handle all communications with insurance companies, gather evidence, and negotiate a fair settlement on your behalf.
  • Filing a Lawsuit: If necessary, an attorney can file a personal injury lawsuit in Florida and represent you in court.
  • Maximizing Compensation: An attorney will fight to ensure you receive the full compensation you deserve for your injuries, lost wages, and pain and suffering.

Don’t Delay – Act Quickly

If you’ve been injured in a Florida car accident, it’s essential to act quickly to protect your rights. Florida has a statute of limitations for car accident claims, which means you have a limited amount of time to file a lawsuit. As of March 2023, you have two years from the date of the car accident to file a lawsuit against the at-fault driver in Florida.

What Can An Out of State Visitor Be Compensated for After a Florida Car Accident?

  • Rental car .

  • Lost Income.

  • Medical expenses.

  • Diminished Value of Your Vehicle.

  • Inconvenience.

  • Reimbursement for mileage to and from medical appointments.

  • Loss of capacity for the enjoyment of life.

  • Mental anguish.

  • Replacement value of lost personal property.

  • Funeral expenses.

  • Reimbursement for mileage to and from medical appointments.

  • Past Pain and suffering.

  • Future lost income reduced to present value.

  • Future medical expenses.

  • Future Pain and Suffering.

  • Disability.

  • Scarring and disfigurement.

  • Punitive Damages.

Contact Us Today

If you’ve been injured in a Florida car crash and you’re not a resident of the state, don’t hesitate to contact our experienced team of Florida car accident attorneys for a free consultation. We can help you understand your rights, navigate the claims process, and pursue the compensation you deserve.