Distracted driving is something almost everyone is guilty of at least once. Cell phone usage is often to blame in a distracted driving accident, but it’s not the only cause. Even glancing at an accident is considered a form of distracted driving.
Any time you take your hands off the steering wheel, your eyes aren’t on the road, or your mind wanders, you’re guilty of driving while distracted. Since these types of vehicle accidents can be severe, compensation is usually a priority. However, determining value in distracted driving lawsuits can be complicated even when you’re not the responsible party.
Navigating Insurance Laws in Florida
Several factors go into determining the value of a distracted driving case like the severity of your injuries and property damage. Your insurance also plays a role, along with the at-fault driver’s coverage.
Florida is one of about 12 or so other states following no-fault insurance laws. Don’t panic, this rule isn’t claiming that no one is ever at fault for a vehicle collision. The law only guides the insurance claim process.
So, what is no-fault insurance? The rule simply states that all drivers involved in an accident turn to their insurance provider for compensation. There aren’t any exceptions. The first claim is filed with your auto insurance carrier.
As long as your insurance is above the state’s minimum requirements, you should be able to recover compensation for your property damage. If you’re only carrying the state-mandated limited liability insurance, your property damage isn’t covered by your insurance provider.
Limited liability only covers damage to the other driver’s vehicle if you’re the at-fault driver. So, what are the insurance requirements for drivers in Florida?
All drivers with vehicles registered in the state must carry at least $10,000 in property damage liability (PDL) protection. This is the insurance that covers the other involved driver’s property damage. All motorists must also carry personal injury protection (PIP). The state’s minimum requirement is $10,000 per accident.
What does PIP cover? This insurance covers medical expenses and lost income for you and any passengers in your vehicle. PIP also has caps. This means your insurance claim can’t be greater than the policy’s cap.
The value of your distracted driving claim can be impacted by your PIP coverage. Something else to note, most PIP policies only cover up to 80% of your total medical expenses and lost income amounts.
Recovering Compensation From the At-Fault Driver
If you think you have a handle on Florida’s insurance laws, you may be forgetting about comparative negligence. This is another law Florida and several other states follow that can impact the value of a personal injury claim.
Understanding comparative negligence is pretty easy. The rule allows for more than one individual to be responsible for a vehicle accident, and this includes distracted driving collisions. As long as you’re not more than 50% responsible for causing the accident, you can file a claim against the other driver for damages not covered by your insurance.
However, your compensation amount is reduced by your percentage of the blame. So, if you’re guilty of speeding but the other driver swerves into your lane and sideswipes your vehicle, you’re both partially responsible for causing the collision. This applies even if the other driver’s distractions are the reason they ended up in your lane.
Who assigns fault for an accident can vary. Usually, the investigating authorities and/or the insurance adjuster determine fault and assign percentages of the blame. You can file an appeal if you believe you’ve been assigned a higher percentage of fault. Your appeal is heard in civil court and a judge or jury can either agree with the original percentage or make adjustments.
So, if you’re assigned 25% of the blame and the value of your distracted driving claim is $100,000, your insurance award will be for $75,000.
Filing a Claim Against the At-Fault Driver’s Insurance Provider
Okay, you’ve filed a claim with your insurance provider and the policies cover some of your damages. You still have expenses relating to the accident, but don’t panic, this doesn’t necessarily mean you’re on the hook for the remaining costs.
You can file a personal injury claim against the distracted driver. However, this can be tricky depending on the type of insurance they carry. If the driver has full or limited liability coverage, your claim shouldn’t run into a ton of issues.
You’ll go through the negotiation process, and this can lower your claim’s value if you decide to accept a lower settlement offer. If the insurance offer covers your losses, it may make sense to accept it.
Filing a lawsuit in civil court will drag out the process and there’s no guarantee a judge or jury will rule in your favor. However, if you accept the settlement offer you can’t file another claim for the same accident, and this applies even if your costs continue going up.
So, this is a best-case scenario. The at-fault driver is carrying at least the state’s minimum insurance requirements. However, not all drivers follow state law. Some drivers aren’t carrying PDL or PIP insurance and this will make it difficult to receive compensation.
Chances are, your only option is to file a lawsuit against the at-fault driver. Unfortunately, even if the court rules in your favor there’s no guarantee the defendant has the available funds to settle your claim. In this scenario, the value of your distracted driving accident claim may only be what’s covered by your insurance carrier.
Ensuring You Receive Compensation for Your Distracted Driving Accident
As long as you’re carrying at least the state’s minimum insurance requirements, you can recover some of your damages relating to your distracted driving accident. Remember, liability insurance doesn’t cover damage to your vehicle so you may not be able to receive compensation for this economic loss.
Since navigating Florida’s insurance landscape can be complicated, it’s usually a good idea to work with an experienced personal injury attorney. From helping you determine the value of your claim to filing the insurance paperwork, your attorney can concentrate on the legal aspects while you focus on making a recovery.
