Public transportation around Naples is limited to a few bus lines, and many people get around by driving their own vehicles. Unfortunately, car accidents are common, and you might be badly injured. If so, call a lawyer who can help you obtain financial compensation.

In Florida, drivers must have no-fault insurance, and accident victims may file first-party claims with their own coverage. However, you may instead choose to sue the at-fault driver, but only if injuries meet specific legal criteria. If you file a lawsuit, you may sue the other driver and possibly their employer if they were working during the collision. There might also be liable third parties, like manufacturers of faulty vehicle parts. You should hire a lawyer right away to begin gathering evidence to support your claims.

Call the Graves Injury Law Firm at (305) 614-2767 and ask our car accident lawyers for a private, free claims review.

How Insurance Laws Affect Car Accident Lawsuits in Naples, FL

In Florida, all drivers must have insurance. However, Florida is one of only a handful of states that enforce no-fault insurance requirements, which may complicate your car accident claims.

No-Fault Insurance

Drivers must carry no-fault, personal injury protection (PIP) insurance in Florida. Rather than filing third-party claims with the at-fault driver’s liability insurance, injured drivers may file first-party claims with their own PIP coverage.

The advantage of no-fault insurance is that you do not have to prove that the other driver is responsible, and you may be covered even if you are the one at fault or share fault. Also, it does not matter if the other driver is uninsured, as no-fault coverage is first-party coverage.

Tort Limitations

No-fault insurance in Florida comes with a significant limitation. Drivers may not file lawsuits for car accidents unless they meet specific legal criteria under Florida’s insurance laws.

More specifically, the victim must have an injury from this list:

  • Significant scarring or disfigurement
  • A medically determined permanent injury other than scarring or disfigurement
  • Significant and permanent loss of important bodily functions

If your injuries (or a loved one’s injuries, in the case of death) do not meet the above criteria, you may be unable to sue for damages after a car accident in Naples.

Uninsured and Underinsured Motorist Coverage

If your accident involves an uninsured driver, you may rely on your uninsured or underinsured motorist coverage. Although this coverage is not required by law, it is prudent for all drivers to have it, as you never know whether other drivers are insured. It is also crucial in cases involving hit and run accidents where the at-fault driver flees the scene and cannot be found.

Who Can You Include in a Car Accident Lawsuit?

Car accidents may result from multiple drivers’ negligence, and there is no limit on how many defendants we can include in your lawsuit if we have evidence to support your claims.

Other Drivers

Our car accident lawyers may include any drivers who we believe contributed to the crash as defendants in your lawsuit. We might know of at least one other negligent driver, but there could be others. By reviewing police reports and talking to witnesses, we may identify other negligent drivers.

Employers

Some drivers are on the road as part of their jobs. If these drivers are directly responsible for an accident, their employers may be held vicariously liable. The key is that the driver must have negligently caused the accident while in furtherance of their normal job duties.

Individual drivers may be unable to pay for all our damages on their own. By including their employer, who likely has greater financial resources, you may be more likely to get the compensation you deserve.

Auto Manufacturers

Sometimes, accidents happen not because drivers are negligent, but because vehicles or vehicle parts are manufactured improperly. Defective car parts, such as faulty brakes or defective tires, can easily cause serious accidents, even if drivers are not negligent.

If we believe that your accident is the result of faulty car parts or a poorly manufactured vehicle, we can sue the manufacturer directly.

Gathering Evidence to Support Your Car Accident Case

We must present evidence of your claims as soon as we file the initial complaint, and we can gather more evidence as the case progresses.

Photos of the Crash Site

People commonly take photos of car accidents after they occur, usually so they have some evidence to submit to an insurance company. However, these photos may preserve crucial details about the accident that become lost when the authorities clear the crash site. In a lawsuit, they may be incredibly important evidence.

Video Evidence

We may also have access to video footage of the accident. Drivers may have recorded videos of the accident scene while waiting for help. They might have also had dashcams in their vehicles that recorded the accident. Still, security cameras in the area might have recorded the accident, and we should identify and obtain that footage as soon as possible.

Witnesses

Accidents often happen where others can see. Other drivers, passengers, and even pedestrians may have watched the accident unfold. If you have the names of any of these people, we can find them and talk to them about potential testimony in court. If you do not have any names, the police might have gathered names when they investigated, and we should review the police report.

Medical Records

We need evidence of your injuries and other damages to get fair compensation. Your medical bills are likely a major component of your damages, and your medical records may show the extent of your injuries and the cost of treatment.

How Do You Get Compensation from a Hit and Run Driver?

In a hit and run accident, it can be difficult to identify the other driver without help from the police. If you are hurt in a hit and run accident, call the police immediately. We may need to wait for them to complete a criminal investigation, but we can still sue the other driver once we find them.

Can You Sue for a Car Accident if You Share Fault?

Yes. If a plaintiff shares fault for an accident, they may still sue for damages. However, their damages may be reduced according to their share of fault. If you are 15% at fault, you may lose 15% of your damages. Additionally, if you are more than 50% responsible for the accident, you may be barred from recovery.

When Should You Call a Lawyer to Discuss Your Car Accident in Naples, FL?

In Florida, plaintiffs have 2 years from the date of a car accident to file a personal injury lawsuit. If we do not file your case within this time, you may be barred from ever filing the claim, and you might never receive compensation. As such, you should call a lawyer as soon as possible.

Ask Our Naples, FL Car Accident Attorneys for Help with Your Claims

Call the Graves Injury Law Firm at (305) 614-2767 and ask our car accident lawyers for a private, free claims review.