What to Do if You Get Rear-Ended in West Palm Beach

Getting rear-ended can be one of the most frustrating types of car accidents to be in because it seems clear that the driver who hit you should be held responsible for the accident. Unfortunately, in the state of Florida, no-fault insurance laws will prevent you from immediately filing a lawsuit to obtain compensation from the negligent driver.

Although you’ll need to initially pursue compensation from your own insurance, there are exceptions in which you may be able to move forward with a lawsuit. In the event that you sue the driver, you’ll need to have solid evidence proving that the driver was negligent in some way. A West Palm Beach car accident lawyer from The Law Offices of Casey D. Shomo can help you build a strong claim.

Florida’s No-Fault Insurance Policy

Florida’s no-fault insurance law requires all drivers to hold personal injury protection (PIP) insurance. This insurance will cover up to $10,000 in medical expenses regardless of who was at fault in your accident. 

You’ll also be required to carry $10,000 of property damage insurance, so if a driver rear-ends you, your own insurance should pay for the damages. However, your expenses may exceed $10,000. 

If your medical expenses exceed $10,000 or your property damages do the same, you then have the right to file a personal injury lawsuit against the negligent driver in your accident to obtain the rest of the compensation you need. 

Proving Negligence Once Your Insurance Is Exhausted

Once your insurance coverage has been exhausted, you can move forward with a lawsuit. However, you’ll need to be able to prove negligence with solid evidence if you hope to win a settlement in court. Your personal injury lawyer in West Palm Beach can help gather witness testimonies, police and medical records, and any other relevant documents that may help your case. 

Contact a West Palm Beach Car Accident Attorney

Florida’s no-fault policy can be both an advantage and a disadvantage to drivers. For minor accidents, you won’t need to fight other drivers to get your medical expenses and property damages covered because your PIP insurance will cover you, but in the event that you experience a more serious accident, an attorney can be your greatest asset.

If you’d like to discuss your case with a West Palm Beach car accident lawyer from The Law Offices of Casey D. Shomo, call 561-659-6366 or fill out the contact form below to schedule a free consultation.