What Are My Rights as the Victim of a Car Accident in Florida?

Nov. 7th, 2020   /  

What Are My Rights as the Victim of a Car Accident in Florida?

Car accidents are becoming common due to the irrational behavior of the person behind the steering. Besides rash driving, car accidents may also happen due to missing the focus, losing control of the car, or making use of the damaged cars on the road. Many times it happens that people become the victim of dangerous car accidents but are not aware of their rights as a victim. If you are a resident of Florida and wish to know about your rights as a victim of car accidents, then you have come to the right place. 

Well, your direct rights as the victim of a car accident in Florida are to pursue no-fault benefits and a third-party claim for compensation. But to claim for the no-fault benefits after the car accidents, you must purchase mandatory no-fault insurance in Florida. If you have this insurance, you have the right to immediate benefits directly from your own insurance.

What would happen if your injuries are severe?

In case you have been badly hurt by a car accident, you may easily file for various compensation based on the severity of injuries you have suffered. Here you can check the list of rights to claim after a car accident in Florida.

#1 You Can Get No-Fault Benefits Under the Terms of Your Contract

If you are in Florida and have suffered a severe car accident, then you can get no-fault benefits. The whole purpose behind the no-fault benefits right is to ensure that the person who is not at fault can avail of different types of benefits when injured in a car accident.

If you have no-fault insurance, then you do not even require proving fault to receive benefits of the rights. By this, it means that a car accident victim can claim their policy without having to prove fault. With this, you can get a claim to your own insurer to provide coverage of medical bills and other expenses after a car accident.

#2 You Can Avail A Third-Party Benefit Based on Serious or Permanent Injuries

You Can Avail A Third-Party Benefit Based on Serious or Permanent Injuries

Being a victim of a severe car accident, you might have suffered injuries that have caused permanent disabilities. In such a situation, to have the right to go outside the no-fault system. You can claim a third-party benefit against the responsible driver. This means that you have the right to hold the person (the driver) accountable for causing the crash. Well, in such a situation, the other side (the accountable driver) must answer for their actions, and compensate you as required under the law.

#3 A Third-Party Claim – The Right to Pain and Suffering

If you are suffering from severe injuries and raise a third-party claim, then it doesn’t involve the no-fault system. In such scenarios, you have the right to claim pain and suffering compensation as part of your demand. It is a misconception where a lot of people assume that the no-fault system means that car accident victims can never receive pain and suffering. But this is not the complete fact. 

Suffering from severe injuries during a car accident, you have the right to include pain and suffering compensation as part of your claim. You can take the help of a car accident attorney who would offer assistance to help you understand if you can seek pain and suffering payments and how much you can claim.

#4 You Have The Right To Take Formal Legal Action to Enforce the Insurance Contract

Formal Legal Action

In rare situations, it might happen that the insurance company still doesn’t pay you fairly when you have suffered a car accident and you were not at fault. So you have the right to initiate legal action to enforce the insurance contract. In such cases, the higher authorities would get involved and the insurance company doesn’t have the final say. They (the insurance company) don’t have the right to just deny your claim without any recourse to you.

Besides, you can also take legal action on the respective insurance company to pay what you deserve. Moreover, if the insurance company still comes out with unreasonable logic and denies your claim, you can ask for compensation for bad faith insurance practices. This you will receive in addition to the compensation that you deserve under your contract.

Summary:

So now if you face any car accidents in Florida, you know what are your rights and how to claim them. You can take help from your insurance company as well as higher authorities to ensure that you receive the compensation you deserve. 

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