Seeking financial compensation after an out-of-state car accident can be a complex matter. The drivers involved may have different insurance policies, and if the case goes to court, you may wonder which driver’s state has jurisdiction.
If you suffered injuries in an out-of-state collision in Daytona Beach, the Daytone Beach car accident lawyers at Bogin, Munns & Munns can explain your options for recovering damages against a negligent driver in Florida. If your crash was not your fault, our will fight to hold negligent parties liable so that you and your family do not pay out of pocket.
How to Seek Compensation for an Out-of-State Accident in Daytona, Florida
Many car accident cases begin with an auto insurance claim involving one or more out-of-state drivers. For accidents occurring in Florida, two types of insurance may be involved:
- Personal injury protection (PIP). Florida’s no-fault insurance laws mandate that motorists residing in the state carry a minimum of $10,000 in personal injury protection (PIP) insurance. After a crash, injured parties must first seek medical expenses and wage compensation through their PIP, regardless of who caused the crash. Motorists usually cannot seek compensatory damages from a liable party until they exhaust their PIP.
If you are an out-of-state driver who hails from another no-fault state (or a Florida resident who was in an accident with an out of state driver), PIP applies to your Daytona Beach collision. If you are an out of state driver from a fault (tort) state, you likely do not have PIP. Therefore, you can go straight to seeking compensation from the party responsible for your accident and injuries.
- Automobile liability. If you are from a tort state (or from a no-fault state and your medical damages exceed your PIP), you can pursue financial awards from the negligent party who caused your car accident. However, understand that Florida drivers do not have to carry bodily injury liability (BIL) insurance, although they must have a minimum of $10,000 in property damage liability (PDL).
Can You Sue a Liable Driver for Accident Damages?
Our Daytona car accident attorney can file a lawsuit to recover your damages. If you are from a no-fault state, you may have to take legal action against your PIP provider if it does not compensate you fairly. You can also sue a liable party (or their insurer) if you have a severe injury or exhaust your PIP coverage.
If you are from a tort state, you may need to sue the at-fault party’s liability insurance provider or take action against the negligent driver if they do not have adequate coverage.
To consult with an experienced out of state car accident lawyer serving Daytona Beach
855-780-9986
How Long Do You Have to Pursue a Daytona Out of State Car Accident Case?
Jurisdiction for an accident occurring in Daytona Beach will usually rest with Florida’s courts, so you will need to be mindful of the state’s statute of limitations. Per Florida Statutes § 95.11(4)(a), you generally have two years from the accident date to sue for personal injury.
If you do not file your lawsuit within this deadline, the court will likely bar you from seeking compensation, even if you have a solid case. The statute will also affect your insurance claims because if time runs out and you can no longer sue, it could lead to a reduced settlement or denied claim and no option for legal recourse.
A Daytona Beach personal injury attorney from our firm can help you get started on your case before it is too late.
Damages You Could Recover After an Out-of-State Collision in Daytona Beach
If you have PIP insurance, it pays for your medical damages, part of your lost wages, and replacement services, up to your policy’s limits. If you do not have no-fault insurance or have grounds for an auto liability claim or personal injury lawsuit, our Daytona Beach out-of-state car accident attorneys can seek compensation for the following losses:
- Medical expenses, including those exceeding/not covered by your PIP
- The total value of your lost wages, not just a portion
- Lost employment benefits
- Reductions in your future earning capacity
- Vehicle and personal property damages
- Household services
- Physical pain and suffering
- Mental and emotional distress
- Loss of enjoyment
- Impaired quality of life
We Assist With Cases Involving Fatal Crashes
If your loved one suffered fatal accident injuries in the Deltona–Daytona Beach–Ormond Beach metropolitan area, our wrongful death lawyers can help your family seek financial justice.
Florida law does not allow families to file a wrongful death action themselves. Instead, your loved one’s personal representative (executor) must take action on behalf of their estate and its beneficiaries.
Wrongful death damages may include:
- Medical bills
- Funeral and burial expenses
- Loss of the deceased’s income, services, support, and guidance
- Survivors’ mental and emotional suffering
Daytona Beach Out of State Car Accident Lawyer Near Me
855-780-9986
How Can Our Daytona Beach Car Accident Lawyers Help With Your Florida Collision?
If you seek legal help after suffering injuries in a Florida car crash, you will want to hire a lawyer in the state with jurisdiction over your case. Our auto accident attorneys serving Daytona Beach can sort through the complexities of your out-of-town car wreck and help you pursue maximum compensation through every available channel.
Our compassionate attorneys will put 40-plus years of legal experience into serving you with integrity, fairness, dignity, and respect. We will handle every detail of your insurance claim or lawsuit so you can focus on your health or caring for your hurt family member. We will:
- Investigate your accident and collect case evidence
- Prove a negligent party owes you damages
- Establish your right to seek compensation from a liable party (if you hail from a no-fault state)
- Prepare and file your insurance claims or lawsuit
- Negotiate for the maximum possible insurance or pretrial settlement
- Represent you at trial if necessary
- Keep you informed throughout the legal process
Call Bogin, Munns & Munns About Your Daytona Beach Car Accident
If you or a loved one suffered injuries in a collision while visiting Daytona Beach, FL, our lawyers can help you recover compensation for your out-of-state accident. We can also assist Florida residents involved in crashes with out-of-state motorists.
Contact Bogin, Munns & Munns today for a free consultation. Our attorneys take personal injury cases on contingency, meaning our services will cost you nothing up front or out of pocket.
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