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I Live Out of State and Was in A Car Crash in South Florida. Can I Sue for Damages?

There’s no faster way to ruin a long-anticipated Florida vacation than being involved in a car accident while there. Sadly though, accidents on vacation happen, especially at highly populated hot spots, like many of Florida’s famous attractions. You may be wondering what your rights are as an injured out-of-state driver. Fortunately, you will have the same rights as a Florida resident involved in a car accident.

Florida is one of 12 no-fault auto accident states. The purpose of no-fault insurance laws is to expedite the payment of medical claims and reduce lawsuits.  In contrast to the 38 states with at-fault accident laws, anyone in a car accident in Florida relies on their own car insurance to pay for the first $10,000 of medical bills and lost wages. This is true for both Florida residents and out-of-state visitors. However, the negligent driver is still responsible for paying for any damage to your car, up to $10,000.

If your medical bills and lost wages exceed the $10,000 threshold, you can file a lawsuit against the negligent driver, regardless of which state you live in. Your lawsuit will be governed by the laws of Florida, and if your suit goes to trial, the trial will be located in Florida. As such, you will need a Florida-based car accident attorney on your side. An attorney from your home state is likely not admitted to the bar in Florida nor is likely to be knowledgeable on the intricacies of Florida’s laws.

You are able to sue for medical bills, lost wages, future income, physical therapies, medications and other economic costs you have encountered as a result of the accident. Moreover, if your injuries resulted in “significant and permanent loss of important bodily function, permanent injury…, permanent scarring and/or disfigurement, or death,[1]” you have the right to sue for pain and suffering and mental anguish in addition to your economic losses.

Unlike many other states, Florida does not require drivers to carry bodily injury liability (BIL) insurance. If the driver who injured you carries BIL insurance, you can sue them for the maximum amount of their coverage. If they do not carry BIL insurance, it will be difficult, and sometimes impossible, to secure compensation. Your car accident attorney will investigate this after you brief them on the case.

If the negligent driver does not carry BIL insurance, your own uninsured / underinsured motorist coverage can help pay for your losses.

ECanter Lawyers understand the stress and challenges of being seriously injured in a car crash, especially one far from home. Contact us today with the details of your case. We will advise you of your rights and best options to recover the maximum compensation possible.

ECanter Lawyers

When you are dealing with the chaos and pain of accidents and personal injuries, the last thing you need is technical, confusing legal language.  ECanter Lawyers breaks down the complexities and provides clear, informative answers so that you understand your legal options. 

For almost a quarter of a century, ECanter Lawyers has remained committed to honest, straightforward answers.  Named one of AVVO’s Clients’ Choice, ECanter Lawyers has helped clients receive multi-million-dollar verdicts, and millions of dollars in settlements.  ECanter Lawyers specializes in personal injury, motor vehicle accidents, medical malpractice, premises and product liability, and healthcare law.

With offices conveniently located throughout South Florida and 24/7 services, ECanter Lawyers personal injury law firm offers you the personalized attention that you need in order to maximize your compensation. 

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[1] The Florida Senate. Chapter 627 Section 737 – 2021 Florida Statutes (flsenate.gov). Accessed March 4, 2022.