What should a car accident victim in Florida do after insurance limits become exhausted?
Miami, FL—Car insurance is expected to provide accident victims with compensation for certain expenses related to the collision such as vehicle repairs, medical bills, and sometimes even lost wages. Unfortunately, insurance carriers will only pay a victim up to the limits the insured has purchased, given payment is warranted.
Essentially, what this means is that if a victim files a claim with the other driver’s carrier for medical expenses after they have filed a Personal Injury Protection (PIP) claim with their carrier and there isn’t enough to cover their injuries and losses, they may need to consider other options.
Suing the At-Fault Party After a Car Accident in Miami, FL
When a car accident victim is unable to recover the full amount of compensation they are due for accident-related costs because insurance coverage has been exhausted, they may have the right to file a civil lawsuit against the other party. If the other party was a commercial truck driver, then the lawsuit may need to be filed against one or more of the following parties:
- The truck driver.
- The truck driver’s employer.
- The manufacturer of a vehicle part if it was a defective part that caused the accident.
If the accident was caused by the driver of a passenger vehicle, then the lawsuit may need to be filed against the driver.
What Car Accident Victims Need to Know About Filing a Civil lawsuit Against a Driver in Florida
Civil lawsuits can generally be filed if a car accident victim is unable to obtain the compensation they are due from the insurance company. Lawsuits allow a victim to seek damages (i.e. financial relief) for things like:
- Pain and suffering
- Lost wages
- Medical expenses
- Loss of consortium
- Loss of enjoyment of life
- Mental anguish
Car crash victims who are considering filing a civil lawsuit against another party in Florida should consult with a Miami accident attorney to find out how much they may be entitled to receive and from who. An attorney can also help a victim get their lawsuit filed before the statute of limitations expires.
While some states only allow car crash victims two years to get their lawsuit filed, Florida’s personal injury statute of limitations is longer. According to Florida Statute § 95.11, an accident victim generally has four years from the date of their accident to take legal action. After the four years have passed, an individual may lose their right to sue.
If a car accident victim would like more information on filing a civil lawsuit after a crash, they can contact Mario Trespalacios P.A to speak with a Miami, FL accident lawyer. Mario Trespalacios P.A offers free consultations to car accident victims that they are given the opportunity to speak with a legal expert before making any commitment.
Mario Trespalacios P.A. can be contacted at:
9495 SW 72 Street, Suite B-275
Miami, FL 33173
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