First, it’s important to explain Florida’s no-fault system of auto insurance coverage and the minimum coverage rates.

The minimum coverage for an auto accident is $10,000 in personal injury protection (PIP) coverage and $10,000 for property damage liability. PIP is the coverage you buy for yourself, per F.S. 627.736, and ensures a portion of coverage for medical bills and lost wages stemming from a crash. This is paid to you (and/or your passengers) regardless of who was at-fault (assuming you didn’t crash intentionally and weren’t committing a felony at the time of the accident). Your passengers may tap into their own PIP, even if they weren’t driving. You may not be entitled to the full $10,000 in PIP if your injuries did not require immediate treatment.more

If your losses exceed that $10,000 or if your injuries meet the “serious injury threshold,” as outlined in F.S. 627.737, you can step outside of the state’s no-fault system and file a liability claim or personal injury lawsuit against the at-fault driver. You will be required to show that the driver was negligent in causing the crash and your injuries, and may need to counter claims of your own fault. (Shared fault won’t strip you of the opportunity to collect damages, but it may reduce the overall amount you can collect.)

Here’s the thing: Florida does not require people to purchase bodily injury liability insurance, which is what would cover others if you cause a crash that results in injury. (There are exceptions if the person has a previous DUI or is operating a taxi or commercial vehicle.) If the driver has uninsured/underinsured motorist (UM/UIM) coverage, then they will also have bodily injury liability coverage that will be at least that much. UM/UIM, which provides excess coverage in case an at-fault driver doesn’t have insurance or enough insurance to cover your damages, is not required in Florida, but highly recommended. So if you have your own UM/UIM policy, you’ll at least be covered up to that amount if the other driver can’t pay. But if the at-fault driver does have liability coverage, you’ll be obligated to pursue that first.

But let’s say that your injuries exceed the policy limits of any of these. As our Fort Lauderdale injury lawyers can explain, insurers aren’t likely to pay an amount that exceeds the designated policy limit. It may be possible to hold the at-fault driver personally liable for your damages and compel them to pay out-of-pocket. Whether this is a worthwhile pursuit will depend on whether the defendant personally has the assets and means to cover your losses.

Although Florida does not require drivers to carry bodily injury liability coverage, there is a Florida Financial Responsibility law that requires an at-fault driver to provide financial coverage of at least $10,000 per person and $20,000 per accident. If the “responsibility” is unmet, one can lose their driving privileges and a court could render a judgment against the to dock their pay, etc.

If your injuries exceed the amount of PIP, bodily injury liability and UM/UIM coverage available, there may be a few options for you to discuss with your lawyer. These include:

• Damages from multiple parties. This is sometimes an option in cases involving a commercial vehicle or Uber driver. It may also apply in cases where there were multiple drivers/vehicles involved or if the driver was drunk (Florida’s dram shop law offers a few options for relief under certain circumstances).
• Damages directly from the at-fault driver. The trouble with this option is many drivers who aren’t adequately insured also can’t afford to pay for damages. But it is an option worth looking into. Damages from the vehicle owner. Florida considers motor vehicles to be dangerous instrumentalities. That means the car owner can be deemed vicariously liable for damages, even if they weren’t driving or otherwise negligent.
• Umbrella policy. Umbrella insurance covers all damages in excess of what is provided by the primary auto insurance policy. So for instance, if you have $50,000 in damages and the driver has only $25,000 in bodily injury liability coverage, the umbrella insurance policy would pick up the remaining balance. (You could also collect from your own UM/UIM carrier.)
• Bad Faith insurance. If an insurance company denies a valid claim, refuses to negotiate a settlement or engages in a number of other bad faith business practices, you can take them to court for bad faith insurance and potentially win triple the value of your original claim. Such cases can be complex, and should only be taken on with the help of an experienced injury lawyer.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

F.S. 627.736, Florida PIP Law

More Blog Entries:

Florida Boating Accidents Cause Lasting Damage, Dec. 1, 2020, Fort Lauderdale Car Accident Lawyer Blog

For example, the Houston Chronicle reported that despite half as much road traffic, car accident deaths were only down about 20 percent this March compared to a year ago.

Some anecdotal observations are that while there are undoubtedly fewer vehicles on the road, some motorists are using this as an excuse to speed, blow through stop signs or fail to yield to pedestrians in crosswalks. Pedestrian accidents and bicycle accidents – which have always been a major problem in Florida – may even see an uptick as an increasing number of people are running and biking to maintain optimal cardiovascular fitness and also as an excuse to break the monotony of staying at home.

Just as in any other time, most accidents are caused by driver error or carelessness. There may be a feeling that traffic rules can be flouted because “nobody else is on the road,” so it doesn’t matter whether you make a full stop or look twice before making a left turn. The fact is, we should all assume we’re going to be sharing the road with others no matter how quiet the streets seem.

Many of the reported crashes in Houston are occurring during non-essential trips. Harris County Sheriff Ed Gonzalez published a message on social media saying, “Just because there’s less traffic on the road, it does not mean the road rules have changed. Just because there are fewer cars on the road, it doesn’t mean you can treat it like a race track. It’s really disappointing because we need our medical facilities for sick people.”

Another thing drivers should bear in mind is that because the pandemic has caused many to become jobless and thus unable to pay essential bills, it seems likely many are allowing their car insurance to lapse – particularly when folks are doing a lot less driving. Floridians especially need to take this to heart, considering we already had one of the highest rates of uninsured motorists (26 percent, according to the Insurance Information Institute) even before the pandemic. What this means is not only should motorists be extra cautious, but it’s a good idea to revisit your uninsured/underinsured motorist policies. These are the policies that extend protection if you are involved with a hit-and-run driver, a driver who is not insured or a driver who lacks adequate insurance to cover their injuries. (It will also apply if you are a pedestrian or bicyclists struck by a motor vehicle.)

Reducing Florida Traffic Accident Risk During COVID19

If you must venture out right now, several things to keep in mind include:

• The importance of minimizing distractions. If you’re driving, don’t try to talk or text at the same time. Music or talk radio should be kept at reasonable volumes. Pay attention. This has always been important for motorists, but it’s a good reminder to maintain this even if you’re sharing the road with fewer vehicles.
• Watch for bicycles and pedestrians. Yes, there are fewer cars, but there are more bicyclists and pedestrians. Watch for them. Understand that bicycles are also considered vehicles, and share most of the same rights and responsibilities as motor vehicle operators.
• Watch for children. Kids are not in school right now. They’ve been cooped up for weeks at least. They aren’t always inclined to be wary of their surroundings under any circumstances, but that may be especially true now. Parents may feel their attention pulled in many different directions, and may not be supervising outdoor play as closely. Just be on the lookout, particularly when driving in residential areas.
• Watch for delivery trucks. While there is less overall traffic these days, you may have noticed an uptick in the number of delivery trucks ferrying from place-to-place. More people are having essential (and non-essential) items delivered rather than shopping in-store. Delivery truck drivers may be on tight schedules, fatigued and possibly fairly new at their jobs. They can also cause a lot of damage in a crash. Give them a wide berth.

The bottom line here is that it’s important to do the right thing, even if you think no one else is around to be affected.

If you are involved in a crash, our Fort Lauderdale car accident lawyers are still available via phone call and video conferencing to answer your questions.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

With traffic so low, officials expected roadway deaths to follow suit. They did not. April 13, 2020, By Dug Begley, The Houston Chronicle

These include:

• Pileup car accidents
• Rollover crashes
• T-bone collisions
• Head-on collisions

The National Safety Council reported that last year, more than 40,000 people were killed in U.S. car accidents – the third straight year in a row they were that high after decades of declines. Fort Lauderdale car accident lawyers know this doesn’t even encompass everyone affected, as there are hundreds of thousands who suffer severe injuries. Motor vehicle collisions are one of the No. 1 causes of death in the U.S., as well as a leading cause of unintentional injury and property damage.

Although every crash is unique, the reality is there are certain kinds that tend to result in substantial medical expenses, lost wages, extended recovery time and pain and suffering.

When it comes to compensation for these losses, Fort Lauderdale car accident attorneys typically first help you start with claims to your own auto insurer through personal injury protection (PIP) benefits. Depending on the circumstances, you may be entitled to a maximum $10,000 (80 percent of your medical losses and a portion of your lost wages). Florida is a no-fault state for auto insurance claims, but you can step outside that system and pursue bodily injury liability coverage from the insurers of those at-fault if your injuries are considered serious, disabling and/or permanent.more

In some cases, more than one defendant may be liable, including not only other drivers but car owners, manufacturers and road engineers, as well as alcohol vendors. All of this may further complicate your claim to recovery and necessitating the aid of a Fort Lauderdale car accident attorney to ensure your rights are protected and you receive fair compensation.

Pileup Car Accidents in Florida

Any time you have multiple vehicles involved in a crash, there is a potential for serious destruction. Florida has been especially prone to pileups on highways like I-75, particularly when inclement weather like downpours or smoke from brush fires impairs drivers’ vision.

Pileup crashes may put motorists more at risks of fires, flying debris and even explosions.

Pileup car accidents are also sometimes referred to as “chain reaction crashes.” It can be especially difficult to determine who was at-fault in these collisions. Furthermore, there are sometimes multiple claims made against the same insurer – and there may only be so much to go around. There is where having your own uninsured/underinsured motorist (UM/UIM) coverage is often so important.

Florida Rollover Car Accidents

According to the National Highway Traffic Safety Administration (NHTSA), rollovers are one of the most dangerous type of collision and they tend to have a higher death rate than other types of crashes. Of the more roughly 9 million crashes recorded in a single recent year, only about 2.1 percent involved rollover. Yet rollovers accounted for 35 percent of all deaths stemming from passenger vehicle crashes. Just in one year alone, more than 7,600 people died in a rollover crashes. It’s worth noting nearly 70 percent of those who died weren’t wearing seat belts – a factor defendants in these cases may raise as well.

Head-On Collisions in Florida

A head-on collision occurs when a vehicle runs smack into the front of another vehicle traveling in the opposite direction. They’re unlikely at low speeds, typically occurring with both vehicles traveling along in opposite directions in opposing lane when one vehicle veers into the lane of the other. If both vehicles are traveling at, say, 35 mph, physics tells us the impact of a head-on collision would be comparable to other types of collisions at 70 mph.

There is often a very high chance of fatality in a head-on collision. The Insurance Institute for Highway Safety reports frontal impact crashes accounted for 56 percent of passenger vehicle occupant deaths in 2017.

T-Bone Car Accidents

A t-bopne crash occurs when one vehicle hits another at a perpendicular angle. The IIHS reports this type of crash accounts for 24 percent of all passenger vehicle occupant deaths.

Fort Lauderdale car accident attorneys know T-bone crashes are most likely to occur at intersections, typically when one driver runs a red light or fails to yield. T-bone crashes often disproportionately impact drivers and drivers’ side passengers.

Bottom line: Any crash that results in severe injury or death necessitates the assistance of an injury or wrongful death attorney with extensive experience. Auto insurance companies often try to settle these cases for a fraction of what they are worth. It’s in your best interest to work with an injury attorney who will ensure your rights and best interests are protected.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

General statistics, Crashes took 37,133 lives in the U.S. in 2017, Insurance Institute for Highway Safety More Blog Entries:

Florida No. 1. for Pedestrian Accident Risk, Its Metro Areas Ranking 8 of Top 10, Feb. 6, 2019, Fort Lauderdale Car Accident Lawyer Blog