Who Can I Sue in a Car Accident in Florida?
Even if you are a very careful driver who follows all traffic laws, you might still find yourself in a car accident caused by another driver’s reckless driving. In Florida, No-Fault Insurance covers all claims resulting from a car crash. You can receive a payout from your insurance company if your injuries aren’t severe enough to cause pain and suffering or loss of earning capacity. However, if you suffer a permanent injury, have significant scarring or disfigurement, or experience a loss of physical function, you can sue the other party for damages.
Who is Responsible for Your Florida Car Accident?
Reckless Driver
Typically, the driver who caused the accident is expected to compensate you up to the limit of their auto insurance policy. Police officers arriving at the scene will assess the situation and determine who is at fault. You may receive compensation for your medical expenses, lost wages due to your inability to work, and pain and discomfort.
Owner
In Florida, the owner of the vehicle can also be held responsible for an accident caused by the driver’s negligence. This law, known as the Dangerous Instrumentality Doctrine, allows you to sue both the driver and the vehicle’s owner for damages. This rule applies even if an employee is using the vehicle during non-working hours without the employer’s knowledge. The amount of liability the owner or driver has and how much they will have to pay depends on their insurance coverage.
Rental Vehicle Owner
If the driver was using a car rented from a car rental company, you can sue the owner of the vehicle. State laws hold rental companies responsible for not verifying that drivers have valid licenses before allowing them to use the car. The rental company is responsible for damages if a driver who has not hired the vehicle uses it.
Driver on the Job
If an employee causes an accident while driving a vehicle assigned by their employer, the employer will be asked to pay compensation. The person listed on the vehicle’s registration papers is responsible.
Parents of Minors Driving Vehicles
If you are injured in an accident caused by a minor, you may be able to file a claim against the parent or guardian. In Florida, parents can be held responsible for damages caused by their child’s negligence if they signed the application for their child’s learner’s permit or driver’s license. You can still claim compensation if you are a Florida resident and the accident occurred outside the state.
A professional at Kevin L. Sullivan II wrote this post. Your attorney car accident New Port Richey FL, and the top local personal injury lawyer for LeavenLaw is attorney Kevin L. Sullivan II. Kevin takes great pride in helping Florida accident victims who have been hurt in slip and fall incidents, motorbike accidents, car accidents, or any other kind of negligence-related injury. To discuss your claim, Kevin provides a FREE, no-obligation consultation. You owe him nothing if he is unable to collect for you; there are NO up-front fees or expenses.