You can sue for a rear-end collision in Florida in some cases. While Florida requires all drivers to carry auto liability coverage, you cannot always file a lawsuit to receive damages after traffic accidents. How the accident occurs, such as whether it was a head-on collision or a rear-end collision, plays no role in whether or not you can take legal action.
If another driver caused your motor vehicle accident, and you suffered “serious” injuries, you can likely file a claim based on that driver’s liability policy or sue them in civil court. Otherwise, you will need to rely on your policy to cover your medical care and a portion of your lost income.
Understanding Car Accident Insurance Coverage
The key factor in determining if you can sue for a rear-end collision is the nature and severity of the injuries you suffered. Unless you meet specific criteria, you will file a claim with your insurance provider and recover compensation.
If you meet the criteria, you may be able to recover additional damages by filing a liability party claim or taking your case to court. While a claim to your insurance company only includes medical bills up to the policy limit and a portion of your missed wages, a liable party claim also includes other types of expenses as well as intangible damages, such as pain and suffering.
The “Serious Injury” Threshold for Filing a Suit
Florida Statutes § 627.737 establishes the threshold for pursuing a claim based on fault. According to this statute, the definition of a “serious injury” in the state of Florida includes any of the following:
- A permanent loss of a significant body function
- A permanent injury based on your medical prognosis
- Scarring or disfigurement that is both significant and likely permanent
- Death caused by the accident and injuries
If your medical records or your doctor’s expert medical opinion shows you sustained any of these types of injuries, you can likely pursue a fault-based claim or suit in your rear-end collision case if another driver hits you from behind. Your attorney will need to build a case to show negligence, liability, and the value of your losses. They will then file a claim based on the at-fault motorist’s auto liability insurance coverage.
Enlist Help for Your Florida Rear-End Accident Case
At Distasio Law Firm, our compassionate and understanding team always puts our clients’ needs first. We focus on client service, providing the best representation possible. We can help you understand your legal options based on the facts of your case, the severity of your injuries, and the applicable statutes.
We may be able to hold the at-fault motorist who rear-ended you responsible for their careless actions and the injuries and damages that you suffered as a result. We believe accountability is important. We will seek compensation for your losses through an insurance claim or lawsuit when possible.
In a fault-based liability claim or personal injury suit in a Florida court, our team will pursue compensation for the damages you suffered. These damages vary in each case, but could include:
- Medical treatment and care expenses
- Lost income and benefits
- Reduced earning capacity
- Repairs to your vehicle or replacement of a totaled vehicle
- Other property damages, such as replacement of a broken smartphone
- Other related expenses, such as rental car costs
- Pain and suffering
- Mental anguish
- Other intangible losses
In general, the statute of limitations for suing the at-fault driver is four years from the day of the accident under Florida Statute § 95.11. However, there are exceptions to this rule. You may not have this long to take action, so reach out to us as soon as you can about your case.
Speak to a Member of Our Rear-End Accident Team Today
A lawyer from Distasio Law Firm will handle your rear-end collision case at no out-of-pocket cost to you if you qualify. We offer free case reviews and can commit the time and financial resources your case deserves if we believe you can seek a fault-based payout.
You can speak with a member of our team today. We will evaluate your case and explain if we believe you can sue for your rear-end collision. Call (813) 259-0022 now to get started.