Can I choose my own body shop to fix my car after an accident?

Yes. Your insurance company can and probably will, recommend a shop, but it is your decision. In fact, if your insurance company refuses to pay for repairs at the shop of your choosing, they are likely violating the law. That is something you need to know. Your insurance company knows it, but you may have to remind them when you make your choice deciding between repair shops.

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How long do I have to file for Diminished Value in Florida?

In the state of Florida the statute of limitations to file your diminished value claim is four years. We recommend to file your DV claim as soon as your vehicle's repairs have been completed. 

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What is a third party claim in Florida?

A third-party claim is a claim filed by someone other than the policyholder or insurance company. If you're in a car accident that someone else causes, you can file a third-party claim with the other driver's insurance for your covered accident-related expenses.

Third Party Diminished Value Claim: Yes

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Can I file a Diminished Value claim against an Uninsured Motorist Coverage?

No, this coverage isn’t offered in Florida.

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What happens if I'm unable to recover all the money that is owed to me?

You can file a law suit against the at fault driver in the Florida Small Claims Court which limits up to $8,000. Attorney representation and appeals are permitted.

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Is it wise to go with Insurance-Recommended Body Shops?

You shouldn’t be surprised if your insurance company recommends a body shop for you to use. They often have contracts with body shops. This gives the shop more business, and the insurance company pays a lower rate for the repairs. Before going with the recommendation, however, we think you should ask yourself a couple of questions:

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• Is your insurance company looking out for your best interests?

• Do you want the repair shop to work for you, or for your insurance company?

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Getting the Job Done Right

A major issue with choosing a body shop is the quality of work that you get for your vehicle. There is a huge range in quality and expertise from shop to shop. Just because your insurance company recommends a shop doesn’t mean that shop is particularly good. In fact, the lower rate the insurance company pays might lead to a lower level of service and even lower quality used or aftermarket parts.

 

What you truly want is a body shop that offers the highest quality collision repair services ( OEM-Certified in your particular make is a good indicator) as well as outstanding customer service. Do your due diligences.  Most online reviews are from untrained consumers. It is easy to think that because the insurance company is paying the bill, you don’t get a say in the process, which is not true. You have a contract with your carrier and they must indemnified you or make you whole, it is in the contract.

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Florida Minimum Insurance Requirements

Florida is one of a small minority of states that does not require drivers to have bodily injury liability coverage. This is the type of auto insurance coverage that would pay for injury-related losses a policyholder causes other motorists if the policyholder was responsible for a collision.

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The state does require motorists to have the following types of insurance:

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• A minimum of $10,000 in personal injury protection (PIP) coverage

• A minimum of $10,000 in property damage liability (PDL) coverage

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PIP coverage pays for some of the policyholder’s own losses after a collision that causes injury  regardless of who caused the crash. PDL coverage pays for property damage the policyholder causes others to experience by causing a collision.

 

Although drivers are not required to have bodily injury liability, many choose to do so in order to protect their assets in case they cause a crash. A driver without this coverage who was sued by a collision victim would need to pay for losses out-of-pocket.

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When Does a Florida Car Accident Have to Be Reported to the Police?

Under Section 316.065, Florida Statutes, drivers who are involved in a collision must report it to the police if one of the following are true:

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• The crash caused at least $500 in vehicle or property damage

• The crash caused injury or death

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If a crash does not meet one of these two requirements, motorists can instead complete a “Driver Report of Traffic Crash (Self Report)” or “Driver Exchange of Information” which can be found on the FLHSMV website. Reporting an accident to the police is generally a good idea because the police report can serve as evidence when a crash victim tries to recover monetary compensation for collision-related losses.

 

 

Fault in Florida Car Accident Cases

The state of Florida is a “no-fault” car insurance state. This means regardless of who was to blame for the accident, drivers will recover compensation for minor injuries from their own insurer.

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Specifically, they will make a claim under their required Personal Injury Protection (PIP) coverage. PIP will pay compensation for:

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• 80% of reasonable medical expenses incurred due to crash-related injuries.

• 60% of lost income if crash-related injuries prevent the policyholder from working

• $5,000 in death benefits if a collision is fatal (this will be paid to the estate of the deceased or to relatives of the deceased crash victim)

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If injuries are very serious (including death, loss of a bodily function, permanent injury or permanent scarring), collision victims can recover compensation outside of the no-fault system. When injuries meet the threshold of serious under Florida law, victims can pursue a personal injury claim against the driver who caused the accident. In these situations, the victim can recover compensation for:

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• Medical bills

• Lost wages

• Pain and suffering

• Emotional distress

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An experienced Florida car accident lawyer can help collision victims to determine if their crash is serious enough that they can try to recover compensation from the other driver rather than being forced to rely solely on their PIP coverage alone.

 

 

Comparative Negligence Rules in Florida Car Accidents

Sometimes, both drivers involved in a collision share the blame for the Florida car accident. In these cases, Florida’s pure comparative negligence rules apply.

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Comparative negligence is one of three approaches that different states use to establish when car accident victims can pursue a claim for compensation if they are partly to blame for their own injuries. The three approaches are:

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• Pure comparative negligence: Victims can always make a claim to recover damages no matter how much of the blame they share. A driver who was 99% responsible for a crash could still try to recover compensation from the other motorist. This is Florida’s rule.

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• Modified comparative negligence: With this rule in place, only drivers who are less than 50% or 51% at fault for the crash can pursue a claim to recover damages.

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• Contributory negligence: This rule applies in the minority of states and prevents someone from pursuing a claim for damages if they were even a small percentage to blame for the accident.

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In Florida  and in all pure and modified comparative negligence states compensation will be reduced when a victim is partly to blame. If a crash victim was 20% responsible for the collision and sustained $100,000 in losses, the victim could recover 80% of their $100,000 in damages or $80,000 total.

 

 

Statute of Limitations for Florida Car Accident Cases

In Florida, drivers with serious injuries who wish to pursue a claim for compensation will need to act within the statute of limitations for negligence claims. The statute of limitations applies to car accident claims — and other cases arising out of careless conduct — in order to make sure lawsuits are filed in a timely manner.

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The Florida statute of limitations gives victims four years to pursue their case. If a victim does not act within that time frame, they cannot move forward because their claim will be time barred.

 

 

Possible Changes to Florida Car Accident Laws

In recent years, some lawmakers in Florida attempted to change the state’s car accident rules and repeal the no-fault laws in the state.

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However, the governor vetoed the attempted modifications. It is possible further efforts to modify the rules will occur so crash victims should check with an experienced attorney to find out what the current regulations are at the time of their accident.

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** All of this information was collected from various sites and sources.