Busy delivery drivers can cause accidents while rushing to get to their destination. But you might still have the right to receive compensation for your injuries and financial losses.
We have Brandon food delivery car accident lawyers who can help you comply with your case’s legal requirements to get you fair compensation. You can consult with one first before getting started with your claim.
Use Personal Insurance First
Florida has a no-fault rule regarding car accidents. It means you can only initially file a claim with your own auto insurance provider even if the delivery driver was completely liable. Personal injury protection (PIP) coverage is mandatory in the state and helps cover the expenses caused by your injury, like medical bills.
If other loved ones were injured, your PIP might also cover them. The coverage extends to your children, other household members, and passengers in your car. You will also get covered if you were a passenger in someone else’s car.
Do note that PIP pays only for injury-related expenses. If your vehicle was damaged, you are free to file property damage claims with the other party.
When Can You File Against the Food Delivery Driver?
You will need to establish first whether the Brandon food delivery driver was working or not. If they were picking up or delivering food when they caused the accident, their employer would be responsible for them. You would have to file the claim with the company.
But if the driver used the delivery car for a personal errand, this would be outside their scope of duty. The claim would go directly to them.
Filing an Accident Lawsuit
There is the off chance that the restaurant or food delivery service does not provide liability coverage for employees. For example, Grubhub drivers must carry their own. It could also be the other way around—a liable Uber Eats driver might not have personal coverage since the company typically provides for them.
In such situations, you would likely have to file a lawsuit to recover damages. A judge or jury will determine how much you should recover after examining your and the other side’s evidence.
Lawsuits are usually the final option due to the legwork, legal fees, and the time it can take to reach a verdict. But you may also get a fairer reward than if you face an insurance company. The insurer may understate their client’s fault to minimize the compensation they have to pay out. Getting sued can also push the other side into privately settling the matter to avoid meeting in court.
Our Brandon food delivery car accident lawyer can help investigate the accident to determine the liable parties. They can also review your evidence to determine if you have a plausible case. If not, they can help search for proof you might have missed, such as dashcam footage by other witnesses. Our attorney can also serve as your legal representative when facing insurers or the court.
Damages in Your Brandon Food Delivery Car Accident
Winning the food delivery car accident case will help you recover from your actual financial expenses. These typically include hospitalizations, surgeries, lost income, and vehicle repairs. You can also be repaid for the funeral and burial if a loved one was killed. Your damages can also include compensation for the accident’s intangible costs, such as mental trauma or disabilities.
Comparative Negligence Can Apply
Florida’s comparative fault law can come into play if the food delivery driver or service argues that you share liability for the accident. It would reduce your recoverable damages depending on the fault percentage you get.
Let us say that the driver was far over the speed limit, but evidence shows you had ample time to evade them. The court then decides to place 20% of the liability on you. So, if your damages totaled $900,000, you could only recover $720,000.
Compiling the records of your accident-related expenses, such as hospital bills and auto repair invoices, can ensure your economic damages are calculated more accurately. You should ensure that you have as much evidence as possible. It can help reduce the amount of fault placed on you.
Following Your Filing Deadlines
As with other Florida auto accidents, the statute of limitations for your Brandon food delivery accident case is four years, according to Florida Statutes §95.11. But if you are filing for a deceased loved one, you only have up to two years to bring it to court. Missing the deadline likely will get your suit dismissed, so it would be prudent to start working while you have plenty of time left.
Certain situations can toll the statute of limitations, which essentially extends your deadline. For example, you have up to seven years to file the case if you are suing on behalf of a minor. Another instance would be if the food delivery driver left Florida. The statute clock would resume its countdown once the driver returns to the state.
The food delivery accident lawyer can help check if these tolling exceptions apply to your case. They can also help you finish tasks faster so that you can pass the case on time.
Get Started With Your Case Today With the Attorneys on Our Team
Although you can potentially face a big company in court, our Brandon food delivery car accident lawyers will be ready to fight for your right to recovery. They can provide legal counsel and support until you are compensated appropriately. Since we operate on contingency-fee agreements, you only get charged if your claim or lawsuit is successful.
The Law Offices of Anidjar & Levine have legal teams handling various practice areas, including property disputes, medical malpractice, and auto accidents. We work throughout Florida and are available 24/7 for your concerns. For other inquiries, you can also call our office anytime at 1-800-747-3733.
We Can Help.