Experts In This Article
- Michael T. Gibson, Esq., Lead Attorney & President at Michael T. Gibson, P.A., Auto Justice Attorney, Catastrophic Injuries Expert and Licensed for 17 years
- Todd Curtin Esq., Partner & Lead Trial Attorney at Michael T. Gibson, P.A., Auto Justice Attorney and Licensed for 8 years
- Amit Jhalli, Esq. Attorney at Michael T. Gibson, P.A., Auto Justice Attorney, Personal Injury Pre-suit Investigation & Brain Injury Expert and Licensed for 9 years
Being involved in a car accident in Florida can be scary and upsetting. It’s hard to know who to trust, what you should do, and whom it’s safe to talk to. Even if you think you’ve done everything right, you might still find that the other driver is suing you. This can make a bad situation seem much worse and leave you with even more questions swirling through your mind.
For answers, look to our Orlando car accident lawyers. Having a powerful legal aid by your side can make a dramatic difference in the outcome of your case. An experienced car accident attorney can help you understand your options and will use a comprehensive knowledge of Florida law to help you prepare for what’s to come. An attorney from a car accident law firm can also help you file paperwork, gather evidence, and build a defense around your case using every available resource.
What to do if someone sues you for a car accident in Florida?
If someone sues you for a car accident in Florida, do not admit fault and hire an experienced car accident attorney immediately to protect your rights. Your attorney will help you navigate the legal process, gather evidence, and potentially negotiate a settlement before the case goes to trial.
If you find yourself being sued for car accident damages, keep the following in mind:
Do Not Admit Fault
If you find yourself involved in a car accident lawsuit, it means that the party raising a lawsuit against you believes that you are at fault for the accident. No matter what you do, you’re in a position in which something you say could be held against you in court. Avoid admitting any sort of fault and seek the assistance of a legal professional right away.
Hire an Auto Accident Attorney in Florida
Although you have the right to represent yourself, and you might believe that you have a strong case, your lack of legal experience could hurt you. If you are sued, your best plan of action is to seek help from someone who has experience in the courtroom and can help you win your case.
Continue to Cooperate with Law Enforcement
Even though the police most likely wrote up a report when the accident happened, in some cases they will call to follow up with additional questions. You should continue to cooperate with law enforcement. If you don’t know the answer to a question, simply tell them you cannot remember. Do not lie or give false information, because that could hurt your case in the long run.
Do Not Talk to the Insurance Company
The other driver’s insurance company (and possibly even your own) does not have your best interest in mind, especially if you are being sued. Your insurance provider may attempt to withhold information from you, especially as it relates to your insurance policy limit and what your insurance covers. If an insurance company representative attempts to contact you, reach out to your Orlando car accident lawyer for help. Your attorney can find out exactly what you need to know about your own insurance policy and what losses, including lost wages and medical bills, are being claimed by the plaintiff.
Don’t Assume the Case Will Go to Trial
The vast majority of car accident cases will settle out of court, should you accept personal liability. It can be risky and expensive for plaintiffs to file a lawsuit against someone. Most car accident cases involve negotiation toward a settlement between the insurance companies, your attorney, and the other party’s attorney. Should your case go to court, the resulting decision is known as a judgment. In the event that the car accident case goes to trial, your attorney will be prepared to represent you.
Know that Florida is a No-Fault State
Florida’s no-fault system means that injured parties must first seek compensation from the other driver’s personal injury protection (PIP insurance) before suing for damages, regardless of who had liability for the accident. Your own liability insurance company should provide you with a minimum of $10,000 in PIP as part of your qualifications to register a vehicle. Depending on your insurance policy limits, your insurance company may offer more protection against bodily injury or property damage. A car accident attorney can help you understand your insurance coverage as it pertains to the personal injury lawsuit you’re involved in and help you determine what your legal options are.
FAQ
If I’m being sued for a car accident, what can they take?
Generally, if your case is resolved out of court via a settlement, your personal assets will not be involved. However, car accident lawsuits that receive a court ruling in the plaintiff’s favor are subject to the judgment that the judge or jury decides on. This judgment could entail the collection of your personal property if the court orders a sheriff to auction the defendant’s assets. However, certain assets are exempt from this, including your home, retirement account, and life insurance proceeds. A car accident attorney can help you determine the best course of action to protect your assets.
Can my car insurance company be sued by the injured party?
According to Florida law, a car accident victim must sue the driver of the other car and not a liability insurance company.
How do I prove that I didn’t cause the accident?
A skilled car accident attorney can help gather evidence, police reports, medical records, and other relevant information that can help support your case. There’s no substitute for qualified legal experience when it comes to defending your rights and getting the best possible outcome in a car accident claim.
Knowledge Equals Power in Orlando Auto Accident Cases
If you are being sued after being in a car wreck, try not to panic. Instead, reach out to one of the experienced lawyers at Auto Justice Attorney for help. We can give you the representation you deserve.