If your personal injury protection (PIP) insurance does not cover all your medical expenses or other damages after a car accident and the other party is at fault for your injuries, Florida law allows you to file a lawsuit against the party and their insurance company for the remaining damages. Furthermore, there is no limit to how much your car accident attorney in Pensacola, Florida, can sue for.
Although there are no limits to how much you can sue for the accident, Thomas J. Ueberschaer, P.A. will have to prove that the amount you are asking reflects your economic and non-economic losses. He will help you recover personal injury damages such as medical bills, lost income, property damage and pain and suffering.
What Is the Difference Between Filing a Claim and Filing a Lawsuit?
Before moving forward with your case, it is important to understand how car accident claims work in Florida.
Filing an Accident Claim
Since Florida is a comparative negligence state, you must first file an accident claim under your PIP coverage plan with your auto insurance. PIP covers 80 percent of medical expenses up to $10,000 resulting from a car accident injury, regardless of who caused the crash. To recover medical expenses, start by filing a claim with your insurer.
Filing a Lawsuit
If your medical bills exceed $10,000 and you have used up your PIP insurance, you can sue the at-fault party or their insurance company for remaining medical expenses, lost wages or other damages. Keep in mind that since you are filing a lawsuit against the other party, your case may go to court. Your attorney will prepare your case and present it before a judge or jury on your behalf if it does not settle.
Who Is Liable for My Injuries and Other Damages?
If you sustained severe injuries in a car accident, your medical bills and other financial losses would likely exceed $10,000. If so, who is liable for your damages?
The At-Fault Driver
Your attorney can sue the at-fault driver for the remainder of your damages if the driver is fully responsible for the accident. The only downside to suing the other driver is that they may have limited financial means and cannot compensate you for damages. If so, your attorney can explore other options.
The At-Fault Driver’s Insurance Company
If the at-fault driver has insurance, that insurance company will be prepared to offer money. If the at-fault driver’s insurance company denies your claim, your attorney may be able to file a bad faith claim against the insurance company for failing to settle.
Your Auto Insurance Company
You may have your own uninsured motorist coverage (UM) that could pay for damages. If your auto insurance company mishandles your claim, denies your claim or does not pay the entitled amount, your attorney may be able to file a bad faith claim against your insurer to recover the entire amount awarded by the court.
Note: Florida’s Bad Faith law allows you, the insured driver, to recover damages from the insurance company for failing to settle a claim when the insurer could have and should have settled.
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How Does Comparative Negligence Affect My Award Amount?
Florida is a comparative negligence state. This means that when you are involved in an accident, you could potentially share the blame for any damages between you and the other party.
An example of comparative negligence would be:
A driver runs a stop sign and pulls out in front of another driver, causing a head-on collision. However, the driver who hit the first driver was driving 20 miles over the speed limit.
As a result, both parties may share the fault for the crash. In addition, both drivers or their insurance companies are also liable for subsequent property damages, medical bills or other damages. These factors affect how much compensation each driver receives.
If you are involved in an accident and share the fault, comparative negligence affects how much you can sue for damages.
Let Tom Ueberschaer Help Win Your Car Accident Case
If you were injured in a car accident in Florida, you need an attorney to help you get the maximum compensation possible for your damages. Tom Ueberschaer has a proven track record for helping car accident victims in Florida.
- $2,500,000 recovery for a pedestrian struck by an impaired driver.
- $500,000 settlement for a young driver rear-ended by a delivery driver, resulting in neck surgery.
- $250,000 for a driver struck from behind by another car, thrusting her vehicle off-road and into a brick building. Shoulder surgery was performed.
We can help you with your case. Call 850-434-8778 and get a free case evaluation from Tom Ueberschaer to get started with your accident claim.