Kissimmee Auto Accident Lawyer
Experienced Car Accident Attorneys Serving Osceola County
Motor vehicle accidents can happen in an instant, but the repercussions can last a lifetime. A serious car crash can leave you with painful injuries, mounting medical bills, lost income and an uncertain future. Cases involving injuries or death due to motor vehicle accidents are the most common types of personal injury cases handled by Draper Law Office. Over the years, our Kissimmee auto accident lawyers have developed extensive expertise handling the full range of motor vehicle accident claims, including collisions involving cars, trucks and tractor trailers, motorcycles, bicycles and pedestrians.
If the motor vehicle accident you were involved in was caused by the negligent, reckless or careless vehicle operation of another person, Draper Law Office can help. We represent both Florida residents and out-of-state visitors to the Central Florida area. Our experience with out-of-state cases can be especially valuable to visitors, as we understand the differences in laws and statutes of limitations between Florida and other states. We serve clients in Kissimmee, Celebration, Davenport and throughout Osceola County.
Compensation Available After a Kissimmee Car Accident
The attorneys at Draper Law Office help accident victims pursue the full range of compensation available under Florida law. Depending on the circumstances of your case, you may be entitled to recover damages for property damage to your vehicle, medical bills, lost wages and other related expenses. In cases involving serious injury, you may also be entitled to compensation for pain and suffering, physical impairment, scarring, disfigurement and diminished capacity for the enjoyment of life.
If one of your loved ones unfortunately died as a result of an automobile accident, the survivors and estate may be entitled to recover damages through a wrongful death claim for mental pain and suffering, loss of companionship, support and services, as well as for any medical or funeral expenses that were incurred. Our compassionate attorneys guide families through this difficult process while fighting aggressively to secure the compensation they deserve.
Common Causes of Car Accidents in Kissimmee
Kissimmee and Osceola County see a high volume of traffic due to the area’s proximity to major tourist attractions, the Florida Turnpike and heavily traveled corridors like US-192 and I-4. Our attorneys have extensive experience handling accidents caused by all forms of driver negligence, including distracted driving, which includes texting, talking on the phone and other activities that divert a driver’s attention from the road. We also handle cases involving drunk driving accidents, where an impaired driver’s reckless decision to get behind the wheel causes devastating injuries or death. Additionally, our firm represents clients who have been hit by uninsured or underinsured motorists, helping them navigate the complex process of recovering compensation when the at-fault driver lacks adequate insurance coverage.
Other common causes of motor vehicle accidents in the Kissimmee area include speeding, aggressive driving, failure to yield, running red lights and stop signs, improper lane changes, fatigued driving and poor road conditions. Regardless of what caused your accident, our attorneys will conduct a thorough investigation to identify all liable parties and build the strongest possible case on your behalf.
Florida’s No-Fault Auto Insurance System
One of the first things to understand after a car accident in Florida is that the state operates under a no-fault insurance system. In practical terms, this means that after an accident, you will initially turn to your own insurance company for coverage of your losses and injuries through your Personal Injury Protection coverage, regardless of who caused the accident. Your PIP coverage pays 80 percent of your medical bills and 60 percent of lost wages, up to a combined total of $10,000. If you have chosen a deductible on your PIP policy, benefits will not begin until the deductible has been met.
You are only able to step outside the no-fault system and pursue a claim directly against the at-fault driver in certain circumstances. Specifically, you must have sustained an injury that meets Florida’s serious injury threshold, meaning you suffered a permanent injury or permanent disfigurement. Once that threshold is met, you can file a claim with the at-fault driver’s insurance company or file a personal injury lawsuit to recover compensation for the full extent of your damages, including pain and suffering.
Statute of Limitations for Auto Accidents in Florida
Florida law sets strict deadlines for filing lawsuits after a car accident. For personal injury and property damage claims resulting from an auto accident, you generally have two years from the date of the accident to file a lawsuit. Once this deadline passes, your case will likely be barred from the courts regardless of how strong your claim may be.
It is important to note that if your accident involved a government employee or government-owned property, such as being hit by a city bus or crashing due to a poorly maintained public road, a different process applies. You may be required to file a notice of claim with the responsible government agency within a much shorter timeframe in order to preserve your rights. Because these deadlines can vary depending on the specific circumstances of your case, it is critical to consult with an experienced attorney as soon as possible after your accident.
Comparative Negligence in Florida Auto Accident Cases
Your ability to recover compensation after an auto accident in Florida depends in part on the question of fault. Under Florida’s modified comparative negligence system, the damages you receive will be reduced by the percentage of fault attributed to you. For example, if a jury determines you should receive $200,000 in damages but also finds you were 30 percent at fault for the accident, your recovery would be reduced by 30 percent, leaving you with $140,000 in damages.
Under current Florida law, if you are found to be more than 50 percent at fault for the accident, you are barred from recovering any damages from the other party. This makes it especially important to have experienced legal representation that can fight back against attempts by insurance companies to unfairly shift blame onto you. At Draper Law Office, we thoroughly investigate every accident to establish the true allocation of fault and protect our clients from being assigned more responsibility than they deserve.
Auto Insurance Requirements in Florida
Florida law requires all drivers to carry a minimum amount of auto insurance in order to register a vehicle for use on public roadways. The minimum requirements include $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability (PDL). The PDL coverage applies if your actions result in damage to another person’s vehicle or property in an accident.
Florida differs from most other states in that it does not require drivers to carry Bodily Injury Liability (BIL) insurance, which pays for injuries to another driver or their passengers when you are at fault for an accident. While BIL coverage is not mandatory, it is strongly recommended. Driving without the required minimum insurance in Florida is illegal and can result in suspension of your driver’s license, a $500 fine, and the requirement to provide proof of insurance on every vehicle you own before your license can be reinstated. When the at-fault driver in your accident lacks adequate insurance, our attorneys can help you explore other avenues for recovery, including your own uninsured motorist coverage and other available insurance options.
What To Do After a Car Accident in Kissimmee
The steps you take immediately after a car accident can significantly impact the outcome of your claim. First, do not admit fault to anyone at the scene and do not discuss the details of the accident with occupants of the other vehicles involved. Assist the responding officer with their investigation without making statements that could be interpreted as an admission of responsibility. Report the accident to your own insurance company promptly and provide whatever information is necessary for them to protect your interests, but do not give recorded statements to any other party’s insurance company without first consulting an attorney. Seek medical attention as soon as possible, even if you do not think you are seriously injured, as some injuries do not present symptoms immediately. If you are able, take photographs of the damage to all vehicles, any visible injuries including abrasions, lacerations and bruising, and the accident scene itself, including any obstructions of view or road conditions that may have contributed to the crash.
Florida Auto Accident FAQs
How is the value of my vehicle determined after a total loss?
The State of Florida, not the insurance company, sets the standard for determining whether a vehicle is declared a total loss. Under Florida law, if the cost of repairs exceeds 80 percent of the actual cash value of the vehicle, it can be declared a total loss. When the insurance company determines the value of your vehicle, ask for written documentation showing how they arrived at their figure. Factors that may increase the value include recent upgrades to the vehicle and low mileage, while high mileage and poor overall condition may decrease the value. You are not required to accept the insurance company’s initial offer if you believe it does not accurately reflect the value of your vehicle.
I was injured as a passenger and do not own a vehicle. How do I file a claim?
If you reside with a relative by blood or marriage who owns a vehicle, you would file a Personal Injury Protection claim with the insurance carrier covering your relative’s vehicle. If you do not live with a relative who owns a vehicle, you would obtain PIP benefits from the insurance policy covering the vehicle you were riding in at the time of the accident. In either case, our attorneys can help you navigate the claims process and pursue additional compensation from the at-fault driver if your injuries meet the serious injury threshold.
Why do I have to report the accident to my own insurance company if I was not at fault?
Because Florida has adopted the no-fault law, anyone who registers a motor vehicle for use on public roadways in the state must carry Personal Injury Protection and Property Damage coverages. If you are injured in an accident, you are required to submit your medical bills and lost wages to your own insurance carrier first through your PIP coverage, regardless of who was at fault for the accident. This is a necessary first step before pursuing additional compensation from the at-fault driver’s insurance.
Why does my spouse have to be involved in my injury claim?
Your spouse has what is known as a derivative claim. This means your spouse may have lost the benefit of one or more of your services in and around the home as a result of your injuries. Your spouse is entitled to be compensated for this loss. Because of this derivative claim, insurance companies will generally not settle an injury case unless both spouses are included in the settlement agreement.
Who pays for the damage to my car, the tow bill and my rental car?
If you have collision coverage under your own insurance policy, you can file a claim with your carrier to have your vehicle repaired, less any applicable deductible. This is usually the quickest way to get your vehicle back on the road. Your insurance company will then pursue reimbursement from the at-fault driver’s insurer, including reimbursement of your deductible. Alternatively, you can file a claim directly with the insurance carrier for the at-fault party, though this may take longer as they must complete their investigation and determine that their insured is completely at fault. Towing expenses and rental car reimbursement are typically handled as part of the overall property damage claim.
What if the at-fault driver does not have insurance?
Unfortunately, uninsured drivers are a common problem on Florida roads. If you are hit by a driver who does not carry insurance or does not have enough coverage to pay for your damages, you may be able to recover compensation through the uninsured or underinsured motorist coverage on your own auto policy. This is one of the reasons it is strongly recommended that Florida drivers carry UM/UIM coverage even though it is not required by law. Our attorneys can review your insurance policies and help you identify all available sources of recovery.
Contact Our Experienced Kissimmee Car Accident Lawyers Today
If you or a loved one has been injured in a car accident in Kissimmee or anywhere in Osceola County, the attorneys at Draper Law Office are ready to help. We offer free consultations for all auto accident cases and work on a contingency fee basis, so you pay nothing unless we recover compensation for you. Call us now at 407-846-0075 or contact one of our Kissimmee auto accident lawyers through the online contact form. Hablamos Español.
