Don't Let An Accident While On Vacation In Florida Ruin Your Vacation: Handle It This Way Instead


Getting into an accident while you're on vacation in Florida can suck all the fun right out of your trip -- and it can confuse you about what you're supposed to be doing if you're unfamiliar with how no-fault insurance works. Florida is one of only 12 states that has no-fault insurance, or "PIP" plans, which means the vast majority of vacationers are going to be from states that do things a little differently.  

Here is what you should know.

1. Handle the initial stages of the situation just like you would an accident back home:

  • Call 911 and report the accident right away. That will get emergency vehicles coming in your direction.
  • Make sure everyone is safely out of the way of oncoming traffic if the accident is a fender-bender. If it's more serious, try to set up a flair or other alert so that drivers know to go around.
  • Exchange contact and insurance information, if you're able, with the other driver. Get the contact information of anyone who was brave enough to stick around if they witnessed the accident.
  • Try to get photos of the scene. If someone else is in better shape to take photos, give them your phone and ask them to take as many as possible.
  • Get emergency medical treatment if you're injured.

2. Understand how no-fault, personal injury protection, plans work.

In states with PIP coverage, car accidents are treated like "no fault" claims. Your own insurance pays the tab for your medical bills, time off work, and property damage, minus your deductible. This does not mean that you cannot sue outside of the PIP coverage. While Florida's PIP coverage goes up to a possible $10,000, 2012 reforms limit coverage for medical care to $2,500 unless you sought emergency treatment right after the accident. That makes it important to go to the ER from the scene of the accident even if you aren't sure if you're hurt or don't think you're hurt badly. You also only get 14 days to seek medical care -- so don't put off looking at that bruised knee or painful shoulder until after vacation is over.

3. You can still sue for damages in Florida.

The whole point of the PIP plan in Florida is to keep minor injury claims out of the court. However, that would be unfair if everyone was prevented from suing. If your injuries turn out to be significant, you do still have the right to sue. That's the good news.

The "so-so" news is that Florida's court uses a pure comparative fault system for personal injury claims. That means whatever you might be able to collect gets reduced according to how much of the accident was your fault. For example, if you rushed an intersection so you could get through in time to beat the yellow light and the other car entered the intersection the instant the green light hit without checking to make sure the intersection had cleared, the accident is technically the other driver's fault. However, the jury may decide you were about 40% to blame for not being more patient yourself. If you suffered $100,000 worth of damage, you would lose 40% of that due to your share of the fault.

The bad news is that -- unless you and the other driver happen to be from the same state or there's some other oddity that could change the situation -- Florida has jurisdiction over the case. Jurisdiction is what gives a court the authority to hear and adjudicate a case. While many things can be taken care of through the mail or through online conferencing, you may have to make arrangements to periodically take off work and travel down there again from time to time.

Consider hiring an attorney from the local area you were visiting before you go back home, or find out here what you can do. He or she can help you with any problems with PIP, dealing with the insurance adjusters in order to get a fair deal, handle any issues with traffic court, and pursue a lawsuit if necessary.

About Me

The Law Is Blind

Thanks for visiting my fun little blog on the legal system. I'm Jane Campbell. I have always wanted to be a part of the legal profession. I find law fascinating and I read everything I can find about the subject and hope to attend university someday. The only thing that prevented me from pursuing this profession was my social anxiety disorder. While I am in the process of trying to recover from this condition, I've decided to create a blog so I can talk to others about a subject that I hold so dearly. I hope my posts will be useful for you.

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