If a vehicle fulfilling a food delivery order injures you, resolving the matter may not require the same course of action as traffic incidents involving private individuals.
You can work with a Clearwater food delivery car accident lawyer from the Law Offices of Anidjar & Levine to understand your next steps for pursuing compensation from those liable for your injuries.
For a free legal consultation with a food delivery car accidents lawyer serving Clearwater, call (800) 747-3733
Florida and its No-fault Insurance Policy
When you suffer from injuries due to an auto accident, your first recourse may be to file a claim with your insurance company.
You likely have personal injury protection (PIP) coverage, a requirement for all Florida motorists. Under Florida Statute § 627.736, vehicle owners should carry a minimum of $10,000 in PIP coverage. Said limit would cover your medical expenses, lost earnings, and other damages resulting from the incident, regardless of whose fault it was.
The no-fault insurance system, implemented only by a few states, is different from its traditional counterpart, where the ones responsible for the accident should have their auto insurance pay for all of the damages. With the no-fault scheme, the recouping of losses is faster but limited.
Injured motorists may only be able to receive up to $10,000 in medical and disability benefits through a Florida PIP claim. Moreover, they may only recover 80% of applicable medical expenses and 60% of lost wages.
If your total damages exceed your policy’s limit, the excess is no longer recoverable unless you consider other options. Your policy will not also pay for your pain and suffering, emotional distress, and similar non-economic losses. A Clearwater food delivery car accident lawyer with our firm can help you seek a fair settlement.
You May Have Other Options For Compensation
Fortunately, Florida recognizes the limitations of its no-fault insurance process. Some exceptions allow injured victims to pursue a claim against the at-fault party for additional compensation. Those with serious injuries have the right to do so. In general, an injury is severe if it resulted in the following:
- Significant or permanent loss of body function
- Extensive scarring or permanent disfigurement
- Long-term or permanent injury
If your collision with a food delivery vehicle also led to total damages exceeding the $10,000 threshold, you may bring an insurance claim against the liable party’s policy. However, the process may not be easy—the insurance company may contest the amount sought or deny the claim for lack of merit.
Your next possible legal remedy is to file a lawsuit against those at-fault, such as the driver, restaurant or employer, or both.
A Clearwater food delivery car accident lawyer from the Law Offices of Anidjar & Levine can help you identify your options for pursuing compensation.
Clearwater Food Delivery Car Accidents Lawyer Near Me (800) 747-3733
Determining Fault in the Car Accident
Determining liability in a car accident case is not often straightforward. There may be a slight difference between who caused the accident and who is legally liable for it. Establishing who is liable has significant consequences, as they will be the ones to pay for the resulting damages.
Before you can hold a party liable for your injuries, there should be an underlying legal theory. Negligence is a common doctrine used and based on the idea that one’s unreasonable action has harmed another. So, if a food delivery person drove recklessly or violated traffic laws and led to your injuries, they should be accountable for related damages.
With accidents involving commercial vehicles, the fault may sometimes lie with the driver’s employer. Although the collision resulted from an employee’s carelessness, the company may have been partly responsible, especially if they hired the delivery person without due diligence or did not maintain their delivery vehicles.
A Clearwater food delivery car accident lawyer from our firm will examine the facts surrounding the case and look at the evidence to identify the potentially liable parties.
Comparative Fault May Play a Role in Your Case
Even if you were partially at fault for causing your accident, you may still be able to recover compensation. This is because Florida practices a comparative fault system in personal injury cases where being partially at fault for your accident does not bar you from recovering damages from other at-fault parties.
Instead, Florida Statute § 768.81 reduces your final payout by your percentage of fault. For example, if you are 30% responsible for the accident, you may only receive the remaining 70% of the value of your damages.
The Length of the Claims Process Varies for Every Case
An accident claim does not have a definite timeline unless you filed one under your PIP coverage. But if you seek additional compensation, the process may end quickly or take long, given the circumstances. Moreover, there is no guarantee the legal proceedings will be expedited by filing a lawsuit.
If you choose to pursue a personal injury lawsuit, you must be aware of Florida’s statute of limitations. There is a four-year time limit on filing a personal injury lawsuit under Florida Statute § 95.11(3)(a). It means that injured victims have four years from the incident date to seek compensation from those liable. Once the timeframe passes, they can no longer file a claim.
Your lawyer will be aware of this deadline and will likely proceed with litigation at the earliest possible time. Generally, settlement negotiations will continue while awaiting trial and only end once both parties agree to the conditions.
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How an Injury Lawyer Can Help
Regardless of the legal recourse you take, you can hire a Clearwater food delivery car accident lawyer. The Law Offices of Anidjar & Levine will guide you throughout the process to help you seek a fair settlement for damages sustained because of another’s negligence. If your case goes to trial, rest assured that we will represent your interests before a judge or jury.
To get started, call 1-800-747-3733 today for an initial consultation.