What if You Got Injured in a Car Accident in Florida But Live in Another State?

January 21, 2022 | Firm News

Cars are for moving around – around your city, around your state, around the country. Furthermore, people often rent vehicles when they travel, especially when they come to Florida, as there is so much of the state to experience. Unfortunately, car accidents occur whether you are a Florida resident or are just visiting. People who are visiting the Sunshine State might be confused about what steps to take if they are injured in a car accident.

First, call a Florida car accident attorney. No matter where you reside when the accident occurred, Florida law applies. Depending on your home state, this could be beneficial if you have grounds for a personal injury lawsuit.

Newman Injury Law, vigorously represents injured car accident victims, whether they are Florida residents or from out of state. If you were only visiting Florida and were injured in a car accident, call our law offices at 954-495-8500 to discuss your options and rights.

What is an Out-of-State Car Accident in Florida?

An out-of-state car accident is exactly what the phrase implies. If you live in Georgia but are involved in a car accident in Florida, then you have been in an out-of-state car crash. If you are injured in an accident in Florida and live elsewhere, two important questions must be answered. First, where do you file a personal injury lawsuit? And second, what law applies?

Filing a Personal Injury Lawsuit in Florida if You Were Involved in an Out-of-State Car Accident

Whether your accident occurred in Florida or another state other than your own, whether you can file a personal injury lawsuit is determined by one of two factors. The first is where the defendant resides and the second is where the accident occurred.

For example, imagine you live in Tennessee and drove to Florida for a vacation. While driving through and around Miami, your car is struck by someone who was texting while driving. However, the person who caused the accident was visiting from Alabama. Under these circumstances, you have two choices. You could sue the at-fault driver in the state they reside or you can sue them in Florida, where the crash occurred. Convenience has nothing to do with where an injured person could legally file their claim. By speaking with our Miami car accident attorneys, you could determine if Florida’s personal injury laws are more favorable.

Applying Florida Law to Out-of-State Car Accidents

There is a legal presumption that the state’s law where the accident occurred will govern the proceedings. What law controls are more important than you might imagine. It is also one of the reasons why you should speak with our experienced Hallandale car accident attorneys.

In the example above, a Tennessee resident was injured in a car accident caused by an Alabama driver in Florida. If you file a personal injury lawsuit, you have the choice between Alabama and Florida. Because the accident occurred in Florida, Florida law would likely control.

Florida follows a comparative negligence rule in personal injury cases, while Alabama is a strict contributory negligence state. How does this impact your personal injury case? In Florida, a jury will be tasked with assigning fault to all parties involved in a car accident. In the above example, you were hit by someone who was distracted because they were texting. However, what if you were speeding at the time of the crash? A Florida jury could determine that you were 30% to blame. Because of the comparative negligence rule, any compensation you are awarded will be reduced by 30%. However, in a strict contributory negligence state, such as Alabama, a plaintiff who is found partially at fault is prohibited from receiving any compensation.

You Should Hire a Florida Attorney if You are Injured in a Florida Car Accident

While it is always a good plan to contact an attorney if you are injured in an accident, you should contact a Hollywood car accident lawyer if you are from out of state.

A local lawyer will be familiar with the state’s laws and how they will apply to your case. Car accident claims can be complicated, especially if you are involved in an accident with a rental car or rideshare, such as Uber or Lyft. Understanding the intricacies of Florida law is vital in maximizing your potential recovery. If you were involved in a rideshare accident, contact our Florida Uber and Lyft accident lawyers today.

Florida Personal Injury Protection (PIP) Insurance and Out-of-State Drivers

if you are renting a car in Florida, you are eligible to get PIP coverage for your medical costs and lost wages after an accident. Because Florida is a no-fault state, it does not matter who caused an accident for this coverage to take effect. However, PIP coverage is usually capped at $10,000. If your damages exceed this coverage, you will have to find other ways to recoup your losses, including filing a personal injury lawsuit. However, because Florida is a no-fault state, your injuries must reach a certain threshold before you are permitted to file an injury claim. This is another reason why it is essential to speak with our Aventura car accident attorneys if you have been hurt in an accident while visiting the state.

Contact Our Florida Car Accident Attorney if You Are From Out-of-State and Were Injured in a Car Crash

if you need to file a personal injury lawsuit because of an out-of-state car accident that occurred in Florida, the attorneys and staff at Newman Injury Law are in your corner. Our skilled Plantation car accident lawyers understand the challenges and hurdles facing an out-of-state driver. Our goal is to fight for the compensation you deserve and provide you with professional service that crosses state lines. Contact our law offices at 954-495-8500 to speak with an attorney.