Florida requires that drivers carry a minimum amount of car insurance coverage if they operate a motor vehicle. However, there are circumstances under which a person could sue someone personally after a Fort Lauderdale car accident. The Law Offices of Anidjar & Levine can provide a car accident attorney to help you determine if you should sue someone personally after a car accident.
Recovering Car Accident Compensation Through Insurance
Florida is a no-fault state. Florida Highway Safety and Motor Vehicles (FLHSMV) requires every driver to carry personal injury protection (PIP) and property damage liability (PDL) coverage. That means you will need to seek compensation from your insurance first. However, some of your medical claims may exceed the policy limits of your car insurance. You may have your health insurance cover this or begin to accumulate debt.
At this point, you may want to submit then a claim for medical bills and any other injuries suffered to the negligent driver’s insurance company. It is possible that, if the accident is severe enough, the car insurance policy limits of the negligent driver can be reached. If this occurs, you may want to sue the driver personally for your injuries.
If you are attempting to obtain compensation for your injuries after a car accident, the Law Offices of Anidjar & Levine can help you understand your options.
Damages For Car Accident Victims
You can sue for damages only if you or a loved one suffered a serious injury, such as:
- Permanent injury
- Severe physical and intellectual disability
- Severe scarring or disfigurement
- Death
If you are suing after a nonfatal injury, you would file a personal injury lawsuit. If you are suing for a loved one who lost their life due to the accident, you would file a wrongful death lawsuit. In both types of cases, you can sue someone personally if necessary.
For your injuries or for the loss of your loved one, you could receive damages, such as:
- Medical expenses
- Repair costs
- Loss of wages
- Loss of earning capacity
- Loss of consortium
- Disability
- Impaired quality of life
- Pain and suffering and inconvenience
Suing Someone Personally After A Car Accident
You can sue someone personally after a car accident if their car insurance liability limits have already been reached. In this circumstance, the victim could try to get compensation from the at-fault driver in a court of law. To recover compensation, you must be able to prove the driver was negligent. Proving negligence requires establishing the following:
- Duty of care: The other driver owed you an obligation to drive safely.
- Breach of duty: The other driver breached this duty by behaving negligently.
- Causation: This breach caused your accident and your injuries.
- Damages: You suffered damages, such as medical bills and lost wages.
Suppose you are facing medical bills and attempting to obtain compensation for your claims through insurance companies that did not cover the entire cost of your injuries. In that case, you do have the right under the law to sue someone personally after a car accident.
Examples Of When To Sue Someone Personally
There are many ways that drivers can behave negligently and, therefore, put themselves at risk of being personally sued for causing a car accident. For example:
- Driving under the influence of drugs or alcohol is illegal under Florida Statutes § 316.193, and anyone who causes an accident in such a state is already in legal trouble.
- Driving aggressively includes speeding and following other vehicles too closely. Both actions are dangerous.
- Allowing yourself to be distracted by your cell phone, a passenger, the car radio, or another factor could prove disastrous, even if you only looked away from the road for a moment.
- Red lights and stop signs give other drivers a chance to proceed safely. Ignoring them puts both you and the other driver at risk.
If the driver who hit you displayed this or similar behavior, you could seek compensation from both their insurance company and them personally.
Other Entities You Can Sue
In addition to the driver, other people or organizations may contribute to the accident. These may be:
- The city government
- A maintenance team hired by the city government
- A mechanic hired by you or the other driver
- The employer of the driver who hit you if they were on the job at the time
If the environment played a role in the crash—for example, you hit an unfilled pothole—the government or their contracted maintenance team could be liable. A mechanic could be liable if they failed to care for your or the other driver’s car. Finally, an employer could be liable if they failed to train their employee in roadway safety properly.
Suing Someone Personally Takes Time
You naturally want to get a settlement as soon as possible so you can pay bills you already owe and stop worrying about future bills. The law also encourages you to act quickly: Florida Statutes § 95.11 allows you four years to start a personal injury lawsuit, and just two years to start a wrongful death suit.
However, it is just as important that you take your time to consider your options before you begin. You also may have to be patient as your lawyer considers your case and negotiates for a fair settlement. Your attorney can help you through this difficult time by:
- Determining who to sue and for how much
- Keeping you updated frequently
- Answering all of your questions promptly
- Handling all negotiations and communications for you
Contact A Car Accident Attorney In Florida
If you suffered injuries from a car accident, you may wonder if you can sue someone personally. Contact the Law Offices of Anidjar & Levine to speak with a car accident attorney to help you determine the ways you can receive compensation for your injuries.
