2750 NW 43rd Street
Suite 202
Gainesville, FL 32606
(352) 371-9828
(352) 371-0377
[email protected]


Can I make a claim for damages in Florida against the at-fault driver and the owner of the car?

Florida No-Fault Auto Insurance Laws

In car accident cases that occur in Florida they follow a no-fault system. This means that after a traffic accident, an injured person’s own insurance company will provide the policy holders coverage for medical expenses and lost income, regardless of who was at fault for the accident.

You are unable to hold the other driver accountable after a car accident in Florida, unless the serious injury threshold is met. So what does this mean…A minor traffic accident (fender bender) will fall under the no-fault umbrella. However in certain instances you may be able to step outside of the no-fault system and file a liability claim against the at-fault driver if, as a result of the accident, you suffered:

  • A debilitating injury
  • significant scarring, or
  • deformity.

In the event you were a passenger inside a vehicle which was involved in an accident, you can file your injury claim under:

  • The liability or bodily injury insurance of the driver of the vehicle which was responsible for the accident
  • The liability or bodily injury insurance of the owner of the vehicle which was responsible for the accident

The individual who was injured might get compensated for the below mentioned damages from the driver and owner of any car that was responsible for the accident:

  1. Lost income (past)
  2. Lost income (future) reduced to current value
  3. Funeral expenses
  4. Medical expenses
  5. The replacement value of any personal property which was lost (any damages to the car, for instance)
  6. Reimbursement for the mileage for medical appointments
  7. Suffering and pain
  8. Disfigurement
  9. Disability
  10. Loss of the capacity to enjoy life
  11. Mental anguish

If you are well aware of how you can get any medical bills paid upon an auto accident in the state of Florida, you will know that PIP (Personal Injury Protection) will be paying off a few of your lost wages and medical expenses. To get compensated for some of the damages mentioned above, you might usually require proving that you have exceeded the tort threshold. This generally consists of any permanent injuries.

There are some exceptions when it comes to proving that you sustained any permanent injuries. A few of these if you were involved in a motorcycle accident, bus accident, taxi accident, as well as any other situations. To file a case against the car owner if they were letting someone else drive their car, three things need to happen:

  1. You suffer any damage (physical injury, car damage, or more)
  2. The driver carelessly operates the vehicle
  3. The owner lets someone else use their car voluntarily

This law is applicable to many other types of vehicles other than a car. It can apply to buses, golf carts, tow trucks, construction lifts, cranes, trucks, and more. You might have the best case possible, but if you are looking for money for the injuries you sustained, it goes without saying that somebody will pay for it. With that being said, most of the claims are typically paid off by insurance companies.

Nonetheless, it is recommended that you hire an auto accident attorney in Gainesville who would look after your case and assist you in settling your case. Without the help of a qualified lawyer, you are bound to face a considerable amount of challenges.

If you have been injured in an auto accident due to someone else’s negligence call the Law Office of Laurie Mitchell today for you free consultation (352) 371-9828.