Key Factors Impacting the Value of a Florida Distracted Driving Claim

Do you find it impossible to drive past a car accident without glancing over? While curiosity is normal, you’re also engaging in a form of distracted driving. Anytime you take your eyes off the road, hands off the steering wheel, or let your mind wander, you’re guilty of distracted driving. 

If you’re not sure if this is a problem in Tampa, the city saw over 260 distracted driving accident fatalities in 2022. These numbers are expected to increase and this means you have a decent chance of being involved in a vehicle accident with a distracted driver.

Typically, you can recover compensation in a Florida distracted driving accident claim. However, have you ever thought about the factors that can impact your claim’s value?

Florida’s Insurance Laws are a Key Factor Affecting Injury Claim Values

Several factors go into determining the value of a distracted driving case like the severity of your injuries and property damage. Your insurance also plays a role, along with the at-fault driver’s coverage.

Florida is one of about 12 or so other states following no-fault insurance laws. Don’t panic, this rule isn’t claiming that no one is ever at fault for a vehicle collision. The law only guides the insurance claim process.

So, what is no-fault insurance? The rule simply states that all drivers involved in an accident turn to their insurance provider for compensation. There aren’t any exceptions. The first claim is filed with your auto insurance carrier. 

As long as your insurance is above the state’s minimum requirements, you should be able to recover compensation for your property damage. If you’re only carrying the state-mandated limited liability insurance, your property damage isn’t covered by your insurance provider.

Limited liability only covers damage to the other driver’s vehicle if you’re the at-fault driver. So, what are the minimum insurance requirements for drivers in Florida?

All drivers with vehicles registered in the state must carry at least $10,000 in property damage liability (PDL) protection. This is the insurance that covers the other involved driver’s property damage. All motorists must also carry personal injury protection (PIP). The state’s minimum requirement is $10,000 per accident.

What does PIP cover? This insurance covers medical expenses and lost income for you and any passengers in your vehicle. PIP also has caps. This means your insurance claim can’t be greater than the policy’s cap. The value of your distracted driving claim can be impacted by your PIP coverage. Something else to note, most PIP policies only cover up to 80% of your total medical expenses and lost income amounts.

Florida is a Comparative Negligence State

If you think you have a handle on Florida’s insurance laws, you may be forgetting about comparative negligence. This is another law Florida and several other states follow that can impact the value of a personal injury claim.

Understanding comparative negligence is pretty easy. The rule allows for more than one individual to be responsible for a vehicle accident. Includes distracted driving collisions. As long as you’re not more than 50% responsible for causing the accident. You can file a claim against the other driver for damages not covered by your insurance.

However your compensation amount is reduced by your percentage of the blame. So if you’re guilty of speeding but the other driver swerves into your lane and sideswipes your vehicle. You’re both partially responsible for causing the collision. This applies even if the other driver’s distractions are the reason they ended up in your lane.

Who assigns fault for an accident can vary. Usually, the investigating authorities and/or the insurance adjuster determine fault and assign percentages of the blame. You can file an appeal if you believe you’ve been assigned a higher percentage of fault. Your appeal is heard in civil court and a judge or jury can either agree with the original percentage or make adjustments.

So, if you’re assigned 25% of the blame and the value of your distracted driving claim is $100,000, your insurance award will be $75,000.

Protecting the Value of Your Distracted Driving Accident Claim

While no-fault insurance rules really aren’t going to affect your potential compensation too much, comparative negligence is something completely different. This is when you can be assigned fault, and this will impact the overall value of your distracted driving accident claim. 

To help make sure that you can recover your injury claim’s maximum value it’s a good idea to work with an experienced Florida personal injury lawyer.