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Is Florida a No-Fault Accident State?
Yes, Florida is a no-fault accident state. This means that drivers involved in car accidents are required to carry Personal Injury Protection (PIP) insurance, which provides coverage for medical expenses and lost wages regardless of who is at fault for the accident. PIP benefits typically cover up to $10,000 in medical expenses and lost wages.
Under Florida's no-fault system, injured parties must first seek compensation from their own insurance company before pursuing legal action against the at-fault driver. However, there are exceptions to the no-fault rule. In cases involving serious or permanent injuries, or when medical expenses exceed the limits of PIP coverage, injured parties may be able to pursue a claim against the at-fault driver for additional compensation.
Understanding Florida's no-fault insurance laws and how they apply to your specific situation is crucial if you've been injured in a car accident. At Perry & Young, we help victims and families make sense of Florida’s convoluted car accident laws and evaluate when they have the ability to pursue civil personal injury claims.
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Should I Hire an Attorney After a Car Accident in Panama City?
From navigating the legal system and advocating on your behalf to communicating with insurers, negotiating settlements, and positioning you for the maximum compensation possible, the work of a lawyer far exceeds what most people can effectively do themselves. As such, working with experienced legal representation is one of the wisest decisions you can make after a car accident.
At Perry & Young, our Panama City car accident attorneys know that we provide the insight, resources, and firepower victims need to fight for justice. Here are a few of the benefits of working with attorneys like us:
- Experience & Insight: Our attorneys focus exclusively on handling personal injury cases. This means we’ve worked on countless car accident cases during our years in practice and have amassed incredible insight into the nuances of Florida's laws, the local personal injury claim process, regional insurers, and the strategies that make for successful claims.
- Investigation and Evidence Gathering: Our attorneys have the resources to conduct thorough investigations into your accident. This includes gathering police reports, video footage, witness statements, medical records, expert testimony, and other important information and documentation that supports your claim and the damages you seek.
- Negotiation with Insurance Companies: As corporations driven by profits, insurance carriers commonly try to minimize payouts to accident victims by disputing key aspects about their claims or injuries, denying them outright, and capitalizing on victims’ lack of legal knowledge. When you enlist the support of our firm, we handle all communications and negotiations with the insurance company on your behalf and make it clear that insurance company representatives can’t pull a fast one on us.
- Representation at Trial: If a fair settlement cannot be reached through negotiations, you may need to present your claim in court, where the stakes are raised and the need to follow established rules and procedures is paramount. At Perry & Young, we prepare all car accident claims as if they were heading for trial and litigate aggressively in court to secure favorable outcomes from judges and juries.
- Peace of Mind: Dealing with the aftermath of a car accident can be stressful and overwhelming. Hiring an attorney can provide you with peace of mind knowing that your legal matter is being handled by a professional who has your best interests at heart.
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What Happens if the At-Fault Driver Has No Insurance in Florida?
If the at-fault driver in a car accident has no insurance or insufficient coverage to compensate you for your damages, you may still have options for recovery. You can file a claim with your own insurance company under the uninsured/underinsured motorist (UM/UIM) coverage (if you have this type of optional coverage). Additionally, you may pursue legal action against the at-fault driver personally, although collecting damages in such cases can be challenging. An attorney from our firm can help you explore your options for compensation in this situation.
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How Long Does a Car Accident Lawsuit Take in Florida?
The duration of a car accident lawsuit in Florida can vary depending on various factors, including the complexity of the case, the extent of injuries, the willingness of the parties to negotiate a settlement, and court scheduling. Some cases may be resolved through settlement negotiations in a matter of months, while others may take several years to litigate in court. Our team can provide a more accurate timeline based on the specifics of your case.
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Can I Sue the At-Fault Driver in Florida?
Yes, you can sue the at-fault driver in Florida for damages beyond what is covered by PIP insurance, such as pain and suffering, emotional distress, and punitive damages in certain cases.
However, you’ll need to determine whether you have grounds to seek compensation outside of the PIP system and will also need to address any claims or contentions that you caused or contributed to the accident that could hinder your ability to recover compensation, either as a portion based on your percentage of fault, or entirely.
Consulting with a Panama City car accident lawyer from our firm can help you understand your legal options and how you can pursue the maximum compensation available.
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Who Is Usually at Fault in a Car Crash?
Fault in a car crash depends on the specific circumstances of the accident. Common factors that may contribute to fault include speeding, reckless driving, distracted driving, failure to yield, running red lights or stop signs, and driving under the influence of alcohol or drugs. Each accident is unique, and fault may be assigned to one or multiple parties involved.
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Who Determines Fault in a Car Accident In Florida?
Fault in a car accident in Florida may be “determined” at various stages by various parties, such as insurance adjusters, law enforcement officers, and sometimes the court if the case goes to trial.
These determinations are based on evidence such as police reports, witness statements, photographs of the accident scene, and expert opinions, as well as the arguments and claims presented by victims and their attorneys. As such, it’s essential to gather as much evidence as possible to support your claim and establish liability, and to work with attorneys who know how to present your case in a compelling manner.
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Who Pays for Car Damage in Florida No-Fault Cases?
In Florida, motorists are required to carry two types of mandatory insurance coverage: PIP and PDL.
- PIP, as explained above, provides benefits that cover some (but not all) of the costs associated with lost wages and medical bills after a car accident.
- PDL, or Property Damage Liability, on the other hand, is specifically for property damage only. It covers damages caused by a policyholder in accidents where they are at fault.
If another motorist caused damage to your vehicle, you can recover compensation through their PDL coverage. However, Florida’s no-fault law only requires motorists to carry $10,000 in PDL coverage, which may not be enough to pay for all the damage. If your damages exceed this minimum, you may need to pursue a civil claim to recover all your losses.
Free Consultation — Get Legal Advice Today
If you have been in a car accident in Panama City, want to know about Florida motor vehicle laws, need assistance handling an insurance claim, or want to ensure that you have representation from an experienced attorney with your best interests at heart.
For safety resources, visit the FLHSMV website to read about protocols for safe driving.
Please schedule a free consultation and get free legal advice by calling us at (850) 215-7777 or filling out our intake form. We will fight for you.
Common Types of Car Accidents
A car accident refers to a collision involving one or more vehicles. These accidents can vary in severity from minor fender-benders to major crashes causing significant damage, injuries, or even fatalities. Crashes can occur due to various factors such as human error, environmental conditions, mechanical failure, or a combination of these factors.
Here are some common types of car accidents:
- Rear-End Collision: This occurs when one vehicle crashes into the back of another vehicle. It often happens due to tailgating, distracted driving, sudden braking, or poor visibility.
- Head-On Collision: In this type of accident, the front ends of two vehicles collide with each other. Head-on collisions usually result in severe injuries or fatalities, especially when both vehicles are traveling at high speeds.
- Side-Impact (T-Bone) Collision: This happens when the front of one vehicle crashes into the side of another vehicle, forming a "T" shape. Side-impact collisions frequently occur at intersections when one driver fails to yield the right of way or runs a red light.
- Single-Vehicle Accident: This involves only one vehicle and typically occurs when a driver loses control of their vehicle and crashes into a fixed object such as a tree, pole, guardrail, or embankment. Single-vehicle accidents can also happen due to skidding on slippery roads or overcorrecting.
- Multi-Vehicle Pileup: Also known as a chain-reaction collision, this occurs when multiple vehicles are involved in a series of crashes. Pileups often happen on highways or freeways, particularly in adverse weather conditions like fog, rain, or snow, and may involve dozens of vehicles.
- Side-Swipe Collision: In this type of accident, the sides of two parallel vehicles make contact with each other while traveling in the same direction. Side-swipe collisions can result from improper lane changes, distracted driving, or drifting out of the lane.
- Rollover Accident: This occurs when a vehicle tips over onto its side or roof. Rollovers often happen during high-speed maneuvers, abrupt turns, or when a vehicle is struck at an angle that causes it to lose stability.
What to Do After a Car Accident in Florida
If you're involved in a car accident in Florida, it's essential to take certain steps to ensure your safety, comply with legal requirements, and protect your rights. Here are the steps to take after a car accident in Florida:
- Check for injuries: First and foremost, check yourself, passengers, and anyone else involved in the accident for injuries. If anyone is injured, call 911 immediately to request medical assistance.
- Move to a safe location: If possible, move your vehicle to the side of the road to prevent further accidents or traffic congestion. Turn on your hazard lights to alert other drivers.
- Call law enforcement: In Florida, it's mandatory to report car accidents to law enforcement if there are injuries, fatalities, or property damage exceeding $500. Even if the damage seems minor, it's still a good idea to report the accident. Wait for the police to arrive at the scene.
- Exchange information: Exchange contact and insurance information with the other driver(s) involved in the accident. This includes names, addresses, phone numbers, driver's license numbers, license plate numbers, and insurance policy details.
- Gather evidence: If it's safe to do so, take photos or videos of the accident scene, including vehicle damage, skid marks, road conditions, and any relevant traffic signs or signals. This evidence may be useful later during insurance claims or legal proceedings.
- Obtain witness information: If there are any witnesses to the accident, obtain their names and contact information. Their statements may help corroborate your version of events.
- Notify your insurance company: Report the accident to your insurance company as soon as possible. Provide them with all relevant details, including the other driver's information and a description of the accident.
- Seek medical attention: Even if you don't immediately feel injured, it's important to seek medical attention as soon as possible after the accident. Some injuries may not be apparent right away, and documentation of your injuries is crucial for insurance claims and potential legal actions.
- Follow up: Follow any instructions given by law enforcement officers, medical professionals, or your insurance company. Keep records of all medical treatment, vehicle repairs, and communications related to the accident.
- Consider legal assistance: If you suffered significant injuries or property damage, or if liability is disputed, you may want to consult with a personal injury attorney who specializes in car accidents. They can help you navigate the legal process and pursue compensation for your damages.
Seeking Maximum Compensation For Panama City Car Accident Victims
With law firms in Panama City, Panama City Beach, Marianna, and Tallahassee, the attorneys at Perry & Young, P.A., represent car accident and personal injury victims throughout the northern Gulf Coast and Florida Panhandle.
Whether you have a soft tissue injury such as whiplash, a herniated disk, or a more serious personal injury, you need to understand that the insurance company and claims adjuster are not your friends and are not looking out for your interests. They are paid to give you the most minor compensation possible and to look out for their bottom line. One leading insurance company’s claims manual states that someone who has an attorney can net three to five times the amount of money as someone who is unrepresented.
Let our team work for you. The sooner you retain an attorney, the better because auto accident scenes change, witnesses disappear or forget, and cars and property are repaired or destroyed. In addition, the laws are changing, and insurance policies can be challenging to interpret. We will protect your legal and financial interests. We are dedicated to maximizing your recovery and helping you get through the devastation caused by a car accident or fatal car crash.
Contact us today at (850) 215-7777 to schedule a free consultation and learn how we can maximize your entitled award or settlement in Panama City.
Client's Love Us
At Perry & Young, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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This law firm is who you need to call if you have an injury. I had the pleasure of working with Ryan and team; all who were prompt and knowledgeable both in informing me of updates or answering any questions I had. Thank you again!
- Ann D. -
I want to Thank and Applaud P&Y Firm for supporting the Accident Scene Management class this past weekend. Not only did they make it affordable for motorcyclists to take this life saving class, they provided lunch with Mike Zinszer Atty present to share info on insurance tips and legal info specifically for people who ride.- Cynthia L.
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I had a remarkable experience with Perry and Young. My guy Les McFatter was very professional and always a text or phone call away to answer any questions or concerns. He went above and beyond to make this experience as smooth as possible! Maggie Harris thank you for making communication so easy. Highly recommend! Thank you Les and Maggie!
- Travis J. -
I have used Ted Howell and Trina at this firm to help me for my claim and have referred other people as well to them that they have helped. They are dedicated to helping you and will go above and beyond for you. You will never have to wonder what is going on with your case as they always keep you in the loop. I highly recommend Ted and Trina if you need someone in your corner!- Hollie H.
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Perry & Young, P.A. is an amazing injury firm! They support many local clubs and school organizations around the Panhandle of Florida, including my FFA chapter at Cottondale High School. They are very friendly group of individuals and are always willing to help EVERYONE in their surrounding community!- Charlize R.
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Seriously so thankful to have found this firm. The staff at this establishment are so warm and welcoming and they are sharks they work hard you and put your needs first. Their communication is top tier they are patient and explain things to you so you can understand them. Thank you so much team Phillip you guys rock!- Lisa D.
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I’m so very grateful for choosing this firm. Also I highly recommend Lance Berry! He has went above and beyond to help me. He genuinely and sincerely has compassion for others. He was very kind and understanding about my injuries and situations. Thank you so very much for everything you’ve done. I am forever grateful and will spread the word to anyone I know whom needs help after an accident!!!- Jennifer W.
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This law office was wonderful, and they explained everything in detail, which made the process a pleasant experience. The legal team kept me informed throughout this process. Maggie was responsive and knowledgeable when I had questions. In addition, she was quick to respond and assisted in making this legal process seamless. I would highly recommend this law office to friends or family, and I would definitely utilize this law office if needed again in the future.- Trachell C.