Getting into a car accident is a stressful experience, no matter where it happens. But if you find yourself in a fender bender or worse, understanding Florida’s auto accident personal injury laws is crucial for every Port St. Lucie driver. From navigating the no-fault insurance system to knowing when you can file a lawsuit, can significantly impact your recovery. The Law Office of Todd C. Passman, as your car accident attorney in Port St. Lucie, is here to help you every step of the way as you recover from your accident injuries. We focus on ensuring the best possible compensation for you.

Immediate Steps After an Accident

• Stay at the scene: Florida law requires you to stop at the scene of an accident, even if it’s minor. Leaving the scene could result in serious legal consequences, including hit-and-run charges.
• Check for injuries: Your health and safety come first. Check yourself and others for injuries. Call 911 immediately if anyone is hurt.
• Move to a safe area: If possible, move your vehicle to the side of the road to avoid blocking traffic and to prevent further accidents.
• Call the police: In Florida, you’re required to report any accident that results in injury, death, or property damage over $500. It’s a good idea to call the police even for minor accidents, as their report can be valuable for insurance claims.
• Exchange information: Get the name, contact information, insurance details, and license plate number of all drivers involved. Also collect contact information from any witnesses.
• Document the scene: Take photos of the damage to all vehicles involved, the accident scene, and any visible injuries. This evidence can be crucial for insurance claims and potential legal action.

Specific Laws Affecting Port St. Lucie Drivers

Texting and Driving

As of 2019, texting while driving is a primary offense in Florida. If you’re injured by a driver who was texting, you may have a stronger case.

Dram Shop Laws

Unlike many states, Florida has limited dram shop liability. If you’re hit by a drunk driver who was over-served at a bar, you might have a case against the establishment, but only if they knowingly served someone under 21 or someone known to be habitually addicted to alcohol.

Rideshare Accidents

With the popularity of Uber and Lyft in Port St. Lucie, it’s important to know that these companies are required to carry substantial insurance policies that may cover you if you’re injured in an accident involving a rideshare vehicle.

Florida’s No-Fault Insurance System

Florida operates under a no-fault insurance system, setting it apart from many other states. This system requires all drivers to carry at least $10,000 in Personal Injury Protection (PIP) coverage, which pays for 80% of your medical expenses and 60% of your lost wages, regardless of who was at fault in the accident. Additionally, Florida mandates $10,000 in Property Damage Liability (PDL) coverage to pay for damage you cause to other people’s property. In the event of an accident, you’ll initially file a claim with your own insurance company, and your PIP coverage will cover your initial medical expenses and lost wages up to your policy limit, irrespective of fault.

However, Florida law does allow you to sue the at-fault driver for additional damages, but only if your injuries meet the state’s “serious injury” threshold. This includes significant and permanent loss of an important bodily function, permanent injury, significant and permanent scarring or disfigurement, or death. This unique system aims to provide quick compensation for minor injuries while still allowing legal recourse for more severe cases.

Comparative Negligence

In March 2023, Florida adopted a “modified comparative negligence” rule. Under this rule, an injured party can recover damages from an at-fault party as long as they are 50% or less responsible for their injuries. However, if they are found to be more than 50% at fault, they are barred from recovering any damages.

Dealing with Insurance Companies

After an accident, you’ll need to navigate the insurance claim process.  Report the accident promptly, informing your insurance company about the accident as soon as possible. Delays could affect your claim. Remember to be cautious when giving statements, stick to the facts when talking to insurance adjusters. Avoid admitting fault or making speculative statements about the accident. Document all medical treatments, expenses, and correspondence related to the accident. This information will be crucial for your claim. Be wary of quick settlement offers as insurance companies may try to settle quickly for less than you deserve.

When to Consider Legal Help

While many car accident cases can be resolved through insurance claims, there are several situations where seeking legal assistance becomes crucial, particularly if you’ve suffered a severe injury. Moreover, if you find yourself at odds with your insurance company—whether they’re denying your claim or offering an unfair settlement—that’s the time to call us. As your car accident attorney in Port St. Lucie, the Law Office of Todd C. Passman, will step in to negotiate and protect your interests.

Tell Us About Your Problem. We Can Help.

If you, a family member or a friend have suffered a injury in an auto accident, or have questions please contact Todd Passman today, at (772) 465-9806 or fill out the contact form on this page. Someone from our office will contact you right away.