First of all, you wish your car accident didn’t happen. Unfortunately, the chances of you being in an accident and suffering an injury can increase while traveling. You are probably driving more miles than usual and, maybe, taking part in more activities than you would on a normal day.
It all adds up to this: getting injured in a car accident can catch you off guard. Various kinds of pain and aches, taking time off from work to visit doctors and chiropractors are inconvenient, to say the least.
What’s more, nothing can prepare you for something like this. There’s no step by step guide for what to do next. All you know is that you need help.
So what do you need to know to protect yourself legally after being injured in a car accident in Florida while traveling from another state?
Handling the auto insurance claim from your home state
The most important thing you need to know about auto insurance is that it extends beyond state lines. Therefore, if you bought your car in your home state but got into an accident in Florida, your insurance policy still covers you.
In other words, because your car insurance will cover you no matter where you are in the U.S., filing an insurance claim for an out-of-state car accident is the same process as filing a claim for an in-state accident.
Similarly, when you carry Uninsured/Underinsured Motorist (UM/UIM) coverage in your state, if another driver is liable for your car accident in Florida, you should be covered under your own UM/UIM insurance policy.
However, if you cannot settle the claim, you will have to file a lawsuit under Florida’s laws. Because the accident occurred in Florida, it falls under this state’s jurisdiction.
Filing a personal injury lawsuit
Let’s look at an example: You live in the city of Valdosta, Georgia. One winter, you decide to make a road trip to Miami for vacation. While driving through Florida, your car gets hit by another driver. He is visiting family in Florida but he is also from out of town, living in Alabama.
You’re injured in the car accident and decide to sue the negligent driver whose actions led to the accident. In general, you can file a lawsuit in the state where:
- The car accident occurred (Florida), or
- The negligent party resides (Alabama).
Dealing with the laws of at least two states
“It may not be easy to understand which laws apply to your car accident. If you were injured in an accident in Miami and you’re from another state, in general, you’re going to be dealing with, at least, Florida law and your state’s law. That’s why your car accident case can be similar in many ways to that of someone who lives in Florida. However, you often have different possibilities for costs’ compensation,” says Miami car accident lawyer Sean M. Cleary.
For brevity, the essential information you need to know is that Florida law applies:
- In general, to all car accidents that occur in Florida. There is a presumption that the laws of the state where the accident occurred apply, regardless of the residencies of the parties involved.
- To the types of compensation you may get. In Florida, you can only recover compensation for your out of pocket medical bills, lost wages and pain and suffering. You can’t get compensation for the full billed charges.
Your state’s law will determine at least:
- If you have to pay back health insurance from the settlement
- What period of time is available for you in order to sue your UM insurer.
About the author:
Sean M. Cleary is the principal attorney and founder of The Law Offices of Sean M. Cleary, personal injury law firm based in Miami, Florida, representing individuals in car accident, product liability and medical malpractice cases.