When Can You Sue the At-Fault Driver in a Florida Car Accident?

Were you hurt in an accident? It’s best to talk with an experienced car accident injury lawyer about your options. You may be able to file an insurance claim or sue the other driver to get compensation.

David I. Fuchs, Accident & Injury Lawyer, P.A., will guide you through the insurance claim process. He’ll make sure you know when you can and should file a personal injury lawsuit. Reach out online to set up a free initial consultation.

The Elements of a Car Accident Claim in Florida

An injured driver in Florida may be able to file a claim against an at-fault driver under certain circumstances.

Our state is one of only a handful that observes a no-fault rule when it comes to car accident laws. This means you can generally file a claim against your own policy to compensate for any damages you suffer in a car accident, regardless of who is at fault. However, you may still step outside the no-fault system and file a claim for damages in certain circumstances.

The no-fault system provides an important avenue of recourse for injured drivers, passengers, and pedestrians who suffer serious harm in a car accident. People who text and drive leave themselves vulnerable to claims, as an injured person can file a suit against them if one of the following exceptions to the no-fault system applies:

  • You suffered a permanent injury. Often, texting and driving crashes occur at high speeds and can involve head-on collisions. These can lead to permanent disability such as paralysis or loss of function of a major organ or body part.
  • Your damages exceed the $10,000 Personal Injury Protection threshold established by Florida insurance law. A person with a serious injury can easily incur more than $10,000 in medical bills and lost wages resulting from a car accident. Consider, for example, that the cost of diagnostic imaging alone can run into the thousands of dollars – before surgical intervention, treatment, or rehabilitation. A person with a fracture can expect to incur tens of thousands of dollars in medical costs.

Was Distracted Driving What Caused the Other Driver to Crash?

Any type of distracted driving can be dangerous, but some present a more serious threat than others. Public safety officers often classify texting as one of the most dangerous types of distraction because it involves all three major types of driving ‘distractions’:

  • A manual distraction involves any action that takes a driver’s hands off the wheel, such as holding a phone.
  • A visual distraction takes their eyes off the road. When reading a text, a person takes their eyes off the road for an average of 5 seconds. Traveling at a speed of 55 mph, a person can travel the length of a football field without paying attention to their surroundings.
  • A cognitive distraction takes a driver’s attention from the task of operating a motor vehicle. Reading a text or composing one requires mental energy that should be directed to the road.

Many types of distracted driving are illegal under Florida law. If you recently suffered injuries in a car accident caused by a distracted diver, you may be able to collect compensation for any damages you suffered by stepping out of the no-fault system. Speak to a Fort Lauderdale car accident lawyer to find out today!

Florida Is a No-Fault State

When it comes to auto accident liability, Florida is called a “no-fault state.” After being in a crash, it doesn’t matter who was at fault. All the drivers turn to their auto insurance policies for help. That’s why Florida requires you to carry Personal Injury Protection. Your attorney will file a first-person claim against your PIP insurance to cover some of your medical bills and lost wages.

PIP doesn’t cover all of your losses, and your attorney can reach out to the other driver’s insurance company.

What Your PIP Insurance Covers

Florida requires you to carry a minimum of $10,000 PIP coverage. After the crash, it’ll cover a portion of your:

  • Hospitalization costs
  • Medication
  • Surgeries
  • Physical rehabilitation
  • Other medical bills
  • Lost wages

But there are limitations. PIP insurance only pays for up to 80% of your medical expenses and 60% of your lost wages. You can’t rely on it to cover everything. Because of that, you’re probably wondering if you can go after the rest from the other driver. Sometimes you can; it just depends on how severe your injuries are.

How Much Did Your Injuries Cost?

You might have the right to sue the at-fault driver. If you suffered injuries that cost more than your $10,000 PIP coverage – or more than your policy limit – talk with a lawyer about suing.

When it comes to medical care, $10,000 isn’t much. With severe injuries, you can easily blow past that amount, and the additional costs shouldn’t rest on your shoulders. Let David Fuchs guide you through demanding fair compensation.

Car Accident Compensation

If you sustained a severe and permanent injury and decide to sue, you can demand compensation for your:

How Can a Lawyer Help?

A car accident attorney can help you after any crash, whether or not you file a lawsuit. David I. Fuchs, Accident & Injury Lawyer, P.A., will carefully review your circumstances, including your medical records and bills. He’ll explain whether you meet the requirement to file an auto accident lawsuit and if so, he’ll guide you each step of the way.

Start with a free consultation. You can use the online form.

Client Testimonials

“…the settlement I received was much higher than anticipated”

Fuchs was my car accident attorney and was very responsive from the first call. I had medical care the next day and the whole process was smooth. They handled everything with the insurance companies and coordinated all of the necessary medical information. It was a long process and in the end the settlement I received was much higher than anticipated I am more than happy and grateful for the outcome.

Sean O.
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“Not only did I get the medical attention I needed but I was compensated handsomely.”

It’s been a long bumpy road to recovery but with David and his office’s help, we finally got it done! Through a great network of professionals, David Fuchs makes a good experience out of what could’ve been quite a headache. Not only did I get the medical attention I needed but I was compensated handsomely. Thank you!

Giovanni G.
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“…they didn’t settle for anything and my boyfriend and I got what we deserved.”

I got in an accident in December 2021 when everyone was short staffed and insurance companies was not responsive. My boyfriend reached out to David F. and what a life changing experience. We had the pleasure of having all our worries handed to professional help. They worked diligently on our case, answered questions when asked and kept us updated on changes. More importantly they didn’t settle for anything and my boyfriend and I got what we deserved. I have dealt with others in the past but David got me the most according to the facts presented and never backed down when the insurance companies tried to make us settle for less. Thank you David, Jessica and the team for all your effort and hard work. I will recommend them to family and friends. [They’re] the best in town!

Sheila N.
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“Best lawyer in Broward County”
Evans P.
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“Mr. Fuchs and his staff were very helpful.”

I highly recommend Law offices of David Fuchs. Mr. Fuchs and his staff were very helpful. The case was handled in a timely manner and I was always informed if there were any changes or updates with my case.

Velouse G.
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“Mr. Fuchs is one of the hardest working attorneys that I know.”

Mr. Fuchs is one of the hardest working attorneys that I know. He is really good at what he does and puts 110% in you case. I have been using him for 19 years now and refer all my friends to him. I can leave him alone with my case and not call him all the time. I know he is working hard in my case. When he has any information he calls me and we go from there. There are not a lot of attorneys I can do that with! If you have any Personal Injuries please do call him. You won’t be disappointed!!

Libby E.
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“I would definitely refer to this firm as the go-to Florida personal injury gurus.”

At first I was afraid…I was petrified! I truly was! But the extensive knowledge, patience and professionalism I received brought me not only such peace and assurance that I was in good hands, but we got through my case like shining stars! David made sure I understood exactly what, when, where, why and [answered] whatever question I had. I would definitely refer to this firm as the go-to Florida personal injury gurus.

Donna M.
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“They have a wonderful team.”

…took care of my well-being [and were] very informative about my situation. [T]hey were on the ball when it came down to settling…I highly recommend David.

Nicholas G.
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“My experience with David Fuchs was awesome.”

I got a really good return… thank you David Fuchs and staff for being so helpful and working so hard to help us, you are appreciated.

Yvette W.
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“This is a great law office.”

The David I Fuchs law office is a group of excellent people that helped to their fullest potential. They treated me with respect and I really appreciate that. This is a great law office.

Jonathan Z.
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“Never did I imagine myself getting into an accident.”

It has been an unexpected journey since stepping foot in Florida. Never did I imagine myself getting into an accident. I just want to thank the staff and all the support. The Therapy the doctors; you guys were awesome and made me feel better in my situation. This the first time I ever experience such a thing but I’m blessed , thankful and behind it all DAVID FUCHS who made it happen for me.

Sade P.
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A Boone
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A good man knows, his law 35 years experience. Will get the job done and help you and your family get compensated for you pain and damages. I highly recommend this man. I want to revisit my review and say that Mr. Fuchs always picks up his phone and answer any questions that may pertain to my case. Thank you, David.

N. Hit
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“He was able to settle my case with little to no trouble and did so in a very professional manner.”

David Fuchs was my car accident attorney. He was able to settle my case with little to no trouble and did so in a very professional manner. I would highly recommend him to others.

Samantha D.
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“…all went good and successful. thank you so much for all your help.”

I got into an accident for the first time and I didn’t know what do or how things works, but I was lucky to find a professional and helpful people to guide through this experience.
They did take care of my case all went good and successful thank you so much for all your help.

Karen G.
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“Very professional. Had no problems with communication”
Zuberi L.
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“He was there every time I called and got me a great settlement.”

I was in a car accident and looking for a professional, caring attorney.I was fortunate to find Mr. Fuchs, who helped me through the whole process. He was there every time I called and got me a great settlement.

Joan K.
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“My settlement was fast, fair and professionally handled.”

Had a car accident and needed an advocate to communicate my concerns through my insurance provider. The law office of David Fuchs, was efficient and thorough. My settlement was fast, fair and professionally handled. Would highly recommend giving this office a call if you need legal assistance.

Willie M.
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“A+++++ recommended.”

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J. Hernandez
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“I could not have asked for a better team by my side.”

They were very helpful. I could not have asked for a better team by my side.

S. Rodriguez
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“They got me my settlement pretty quickly and worked hard on my case for me.”

I was in an accident mid last year and Mr. Fuchs handled my case and his case manager[s] Yessi and Jessica were very informative as to the process. They got me my settlement pretty quickly and worked hard on my case for me. Mr. Fuchs was extremely knowledgeable and informed me of everything that would happen in my case. I will recommend this firm to my family and friends and i will be using their services in future if need be.

Pastor D.
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