What If I Get into a Miami Car Accident with an Out-of-State Driver?

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What If I Get into a Miami Car Accident with an Out-of-State Driver?

by | Jan 31, 2020 | Accidents, Auto Accidents, Personal Injury

Miami is a top destination, so it’s no surprise that this weekend the San Francisco 49ers and the Kansas City Chiefs will be coming to our city to play in Super Bowl LIV. But it’s not just these two teams that will be coming to Miami—we are also going to see a huge influx of both teams’ fans. Many of these people will be from other states.

Do you know what will happen and what you should do if you get into a Miami car accident with one of them?

While you prepare for the big game, we wanted to put together some advice for you just in case that happens. Here’s what you need to know.

Get Help First, Then Build Your Case

If you get into a car accident, it’s important to make sure that anyone who needs emergency services is taken care of first. Once you have gotten help for anyone who needs it, then you can start focusing on building your case. These initial moments and hours following the Miami car accident are critical. You need to make sure that you are gathering evidence to support your claim. This will make it so that your insurance company compensates you fairly, and if you need to sue the other driver, you will have the evidence at your disposal.

Personal Injury Protection Coverage

Let’s say you are injured in the car accident. Just like in any other auto accident injury in Florida, your personal injury protection (PIP) coverage will pay for the treatment of your injuries up to your limits.

But what if the cost of the injury exceeds your limits? In some instances, you can bring a lawsuit against the other driver if they are at fault. Situations that allow for litigation are as follows:

  • Significant loss of an important bodily function
  • Scarring or disfigurement
  • Permanent disability
  • Death

To learn whether you have a good chance of bringing a successful case against the other driver and what kind of damages you can seek, it is crucial that you speak to a qualified attorney about your situation.

What If the Person Leaves the State after Your Miami Car Accident?

You might be wondering what happens if the at-fault driver leaves Florida before you can bring a case against them. Fortunately, Florida has a statute on the books (Fl. Stat. 48.193) known as the Long-Arm Statute. To put it in simple terms, this law states that anyone who crosses the border into Florida consents to appear in the state’s court if they are in an auto accident. By using the roads for travel, they automatically consent to this law.

Car accidents usually happen because one or more people were acting in a negligent manner. When this happens and injuries and damages exceed the amount that insurance covers, it is necessary to bring a lawsuit in order to pay for it.

Need advice about whether you have a case? We are here to talk. Contact us to set up a meeting so that we can discuss your needs.

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