Can Someone Sue You for a Car Accident if You Have Insurance?

When it comes to car accident claims, Florida is known as a no-fault state. This means that if you’re injured by another driver’s negligence or if someone else suffers an injury due to your negligence, the resulting claim will go through the injured driver’s own personal injury protection policy. Only if the injuries sustained are quite serious will the injured party – whether it’s you or the other driver – file their claim with the at-fault driver’s insurance provider. Only if the insurance provider refuses to engage in fair settlement negotiations will the injured party sue the other driver – generally through their insurance company. If you’ve suffered an injury due to another driver’s negligence, don’t wait to consult with an experienced Florida car accident attorney.

No-Fault Insurance

Florida employs a no-fault insurance system that’s intended to speed up the compensation process and to help keep cases out of court. Every motorist is required to carry personal injury protection (PIP) coverage, which is no-fault insurance that covers up to a certain percentage of the following losses in the event you’re injured in a car accident:

Your medical expenses
Your lost income

When the Other Driver Carries Liability Insurance

When another driver’s negligence causes severe injuries, you can file a claim with their insurance provider if they carry liability insurance and can proceed with filing a lawsuit against them through the insurance company if a just settlement that covers you full range of losses isn’t forthcoming. You can also sue the driver directly if they don’t carry liability coverage, and if they have resources, you can pursue them.

When Your Injuries Are Severe

For an injury to be considered serious, it has to meet the legal threshold, and each of the following suffices:

The effects of the accident are permanent.
The accident caused scarring or disfigurement.
The accident caused the loss of an important bodily function.

Even when the injuries caused aren’t permanent in nature, you can generally still file a claim or lawsuit against the at-fault driver if the losses you experience exceed $10,000, which is a low bar when it comes to serious car accidents.

Injuries that tend to qualify as serious enough to support litigation include:

Serious burns
Traumatic brain injuries (TBIs) and other head injuries
Spinal cord injuries
Serious cuts on or near the face
Internal injuries

To ensure that you receive the compensation to which you are entitled, it’s always to your advantage to work closely with a focused car accident attorney.

Speak with an Experienced Florida Car Accident Attorney Today

If you’ve suffered a serious injury as a result of another driver’s negligence, you can pursue fair compensation through their car insurance provider if they carry liability coverage – or you can sue them directly if they have assets to cover your losses. Florida’s no-fault system is especially complex, and the formidable car accident attorneys at Mickey Keenan P.A. – proudly serving the Tampa area – have the experience, keen legal insight, and skill to help. To learn more, please don’t hesitate to contact us online or call 813-871-1300 today.