Yes, in some cases it is possible to recover more compensation than your auto insurance policy limit following a car accident in Florida. The key to getting more than the policy limits of your own policy allow is to hold the at-fault driver or another liable party responsible for your accident injuries and damages.
Depending on the facts of your case, you may be eligible to pursue a payout by filing a third-party insurance claim or a personal injury lawsuit. In Florida, Chalik&Chalik Injury Lawyers can review your case for free and help you understand your eligibility. Call us today at 855-529-0269 to get started.
Understanding Your Florida Auto Insurance Policy Limits
Florida’s auto insurance system is complex. It forces you to pursue a payout based on your own policy following an accident, no matter who caused the crash. In general, most drivers know to file a claim based on their own personal injury protection coverage after an accident to receive compensation for their medical expenses and lost wages.
In general, though, this policy will only payout between $2,500 and $10,000 per accident. This may cover a fractured arm or bumps and bruises, but it probably will not pay out enough for more serious injuries.
This is where things get complicated. Some accident victims may be able to pursue damages above their own policy’s limits by holding the at-fault driver liable. Our attorneys can review your case and help you understand if you qualify.
Pursuing Compensation Above and Beyond Your Auto Insurance Policy
If we discover you are eligible to pursue damages from the at-fault driver or another liable party following your Florida car accident, there are two ways we can go after the payout you need to make you whole. This includes:
Filing a Third-Party Auto Insurance Claim
A third-party auto insurance claim is a claim based on the at-fault driver’s liability insurance policy. This policy pays out to cover the expenses and losses suffered by victims in an accident the policyholder caused. If we can prove they caused your accident, we may be able to recover a payout that includes your remaining medical care and lost wages, pain and suffering, property damages, and more.
Negotiating a settlement agreement in this type of case is common. However, we will not agree to a settlement until we believe it fairly reflects the damages you suffered as a result of the accident.
Filing a Personal Injury Lawsuit
A personal injury lawsuit is a type of civil suit based on negligence. If we can show the other driver caused your accident — and you are eligible to take legal action against them — we can file a personal injury lawsuit on your behalf.
We will take your case to court and present our argument to the judge. Then, we will ask the judge to issue a verdict in your favor and award you compensation based on the evidence we presented.
Proving Negligence and Liability in a Florida Car Accident Case
Before we can file an insurance claim or personal injury lawsuit, we need to build a case to present to the judge or the insurance company. This requires us to investigate the cause of your accident and collect evidence to prove the driver acted negligently. We can do this by showing:
- The driver had a responsibility to drive in a responsible, reasonable way. This includes following all traffic laws.
- The driver failed to uphold this responsibility, breaking a traffic law or otherwise acting carelessly
- Their actions caused an accident,and you suffered injuries
As a part of our investigation, we will collect a range of evidence to support our claim. This may include:
- The police report
- Your statements about the accident
- Statements from other witnesses
- Your relevant medical records
- Surveillance or dash cam video of the accident
- Testimony from accident reconstruction specialists and other experts
By proving negligence, we can establish liability in your case. Liability means the at-fault driver is responsible for the injuries you suffered, and their insurance company should pay out to cover your damages.
Talk to a Florida Car Accident Attorney About Your Case
If you suffered injuries in a Florida car accident, you might be able to recover more than your auto insurance policy limits. This depends heavily on the facts of your case. Let Chalik&Chalik Injury Lawyers review your case for free today. When you enlist the help of our team, you work with the partners directly. We will fight for the payout you deserve.
Call us today at 855-529-0269 to discuss your accident with a member of our team in your complimentary initial consultation.