Orlando Car Accident FAQs

Not necessarily, but you should. If a car accident results in any type of injury, no matter how minor, the drivers must report the accident to a Florida law enforcement agency within ten days. You can skip having to do this by calling the police while at the scene. They will write up their own report, which fulfills this legal requirement and serves as a key piece of evidence going forward.

You should still call the police even if the other driver repeatedly asks you not to contact them. Again, you will have to tell the police about the accident sooner or later, and the other driver may be hiding something (such as a lack of insurance) if they are adamant about not involving law enforcement.

In Florida, every driver is required to carry a certain amount of personal injury protection (PIP) insurance and property damage liability (PDL) coverage. Florida’s no-fault rules mean that each driver “pays” for their own damages, no matter who was responsible for the accident. In other words, your insurance company will cover medical expenses, lost wages, and damage to your car – up to your coverage amount.

But what happens if your losses are greater than your coverage amount? If the accident was not entirely your fault, you typically have the right to sue the negligent driver.

In a grand majority of cases, you will only have two years from the date of the accident to file a personal injury lawsuit. You will most likely not be able to recover any compensation if you miss this deadline, so you should discuss your case with a legal professional right away.

When a car accident kills someone, the victim’s personal representative has two years from the date of their passing (not necessarily the date of the accident) to file a wrongful death lawsuit on behalf of the deceased’s surviving family members.

No. Never sign any contract without first consulting a qualified legal professional. Your insurance company may be trying to get you to waive your right to pursue additional claims related to the car accident. If you sign such a release, you will be barred from filing a personal injury lawsuit against that insurance company. You should never voluntarily give up your rights to take legal action and recover compensation.

Florida law allows car accident victims to recover compensation for many types of “compensatory” and “non-compensatory” damages. Compensatory damages are definable, meaning you can assign a dollar amount to the loss. Examples include medical bills, damage to your vehicle, and lost wages. Non-compensatory losses cannot be easily calculated. Mental anguish, physical pain, and loss of consortium are all examples of non-compensatory damages.

No. Because litigation can be expensive and time-consuming, many car accident lawsuits are eventually settled before they go to trial. Accepting a settlement may be advantageous in some cases, but in others, it may be best to take the matter to court. Our lawyer is a skilled negotiator who can provide sound advice when you are deciding whether to accept a settlement offer.

In many situations, yes. In Florida, your share of the blame determines how much you can potentially recover. The court will assign a percentage of fault, and your total damage award will be reduced by that amount. The more at fault you are, the less you can get. If the court says you are 20% to blame for an auto accident and your damages total $100,000, you would only be able to get $80,000.

However, under a 2023 reform to statewide tort laws including Florida Statute 768.81(6), you may not recover compensation if you were more than 50% at fault.