Car accidents can be extremely stressful and overwhelming, especially when the other driver is from out of state. And chances are very high. According to statistical data, our state broke all records for visitors in 2022. If you were hit by an out of state driver in Florida may seem complicated, but it’s important to understand your legal options for recovery.
So read on to find out what you can do if you’re hit by an out of state driver in Florida and how a Miami car accident lawyer can help you navigate through this complex process. First of all, let us give you a few explanations pertaining to legal aspects.
You Can File a Claim Against an Out of State Driver
If you were hit by an out of state driver in Florida, you can still file a claim against them. The process may be slightly different from filing a claim against an in-state driver, but it is possible.
Florida has laws protecting its residents in case of any kind of personal injury claim involving a non-resident. But you must remember that filing a claim against an out of state driver may take longer than usual due to jurisdictional issues.
This is why it is important to hire an experienced Miami car accident lawyer as soon as possible after your accident. With a skilled lawyer by your side, justice will be served even when dealing with drivers from outside Florida’s borders.
How the Florida Long Arm Statute Operates If You Were Hit by an Out of State Driver
If you were hit by an out of state driver in Florida, the so-called Long Arm Statute may come into play. This law allows for non-residents to be sued in Florida courts if they caused harm or injury while driving within the state.
But how does this work exactly? First, it’s important to note that the out of state driver must have had sufficient contact with Florida in order for the long arm statute to apply. This could include having a business presence within the state, owning property here or even just regularly driving on its roads.
Once it has been determined that the long arm statute applies, your Miami car accident lawyer can file a lawsuit against the out of state driver in a Florida court. The lawsuit will likely seek compensation for damages such as medical expenses, lost wages and pain and suffering.
You May Have Access to More Insurance Coverage
One thing to keep in mind as you recover in the hospital from your injuries and feel disheartened is that you may have access to more insurance coverage than you think. This is because Florida is a no-fault state, which means that every driver must carry personal injury protection (PIP) coverage as part of their car insurance policy.
However, many out of state drivers are obliged by their state laws to carry additional liability coverage or uninsured/underinsured motorist coverage that can be used to compensate for any damages or injuries sustained in the accident. This is especially true if the other driver was at fault and caused significant damage or injuries.
Here are some examples of mandatory insurance coverage amounts in other states:
- Louisiana – $15,000 per person $30,000 per accident
- Georgia, Alabama, and Mississippi – $25,000 per person and $50,000 per accident
- Texas and North Carolina – $30,000 per person and $60,000 per accident.
Your Miami Car Accident Lawyer Will Have to Prove Fault
If you’ve been hit by an out of state driver in Florida, your Miami car accident lawyer will have to prove fault. This means demonstrating that the other driver was responsible for causing the accident and resulting injuries.
Proving fault can be a complex process, especially if the at-fault driver is from another state. Your attorney will need to carefully review all available evidence, such as police reports and witness statements, in order to build a strong case.
In some cases, it may also be necessary to bring in expert witnesses or conduct additional investigations to gather more information about what happened. Your lawyer will work diligently on your behalf throughout this process, fighting for your rights and pursuing the compensation you deserve.
Having an experienced Miami car accident lawyer on your side can make all the difference when it comes to proving fault and recovering fair compensation after being hit by an out of state driver in Florida.
Your Compensation Will Be Reduced By Your Percentage of Fault
When it comes to car accidents, determining fault is a crucial factor in deciding the compensation that a victim should receive. However, if you were hit by an out of state driver in Florida and your Miami car accident lawyer proves that you share some percentage of fault, then your compensation will be reduced accordingly.
The idea behind this is simple – since both parties are partially responsible for the accident, they should share the financial burden as well. For instance, if you were 30% at fault for causing the accident, then your compensation will be reduced by 30%.
It’s important to understand that even if you’re partly responsible for causing the accident, it doesn’t mean that you won’t receive any compensation at all. According to the comparative fault principle, you’ll still be entitled to some amount depending on how much percentage of fault was assigned to each party.
That being said, insurance companies often try to shift more blame onto victims so they can reduce their payout amounts. This is where having an experienced Miami car accident lawyer can come in handy because they know how to protect your rights and negotiate with insurance adjusters on your behalf.
Let an Experienced Miami Car Accident Lawyer Explain Your Legal Rights
Being involved in a car accident is already stressful enough, but when you add in the complication of an out of state driver, it can become even more overwhelming. However, the odds are in your favor if you hire an experienced Miami car accident lawyer.
We will examine the circumstances of your crash and evaluate whether the Long Arm Statute is applicable in your case. We will also strive to determine your percentage of fault and advise you on how much compensation you are entitled to receive.
Don’t let an out of state driver leave you feeling helpless after a car wreck, get in touch with our accident lawyers in Miami today!