Some vehicle accidents, like a minor fender bender in a parking lot, are annoying. Other types of vehicle collisions can leave you with significant injuries and other damages, and this includes rollover car accidents.
Your potential damages in a Tampa rollover accident can leave you scrambling to figure out how to cover the expenses. Bills are pouring in, and you don’t know how you will make ends meet. Thankfully, you should be able to recover compensation for your rollover accident, but some factors can impact your settlement amount.
Factors Affecting Rollover Accident Claim Values
Florida has a couple of insurance laws that can impact the value of a rollover accident claim. The at-fault driver’s insurance status also plays a role, along with the severity of your injuries and other damages. In other words, just because you have bills totaling one amount doesn’t necessarily mean this is what you’re going to receive in compensation.
No-Fault Insurance
The Sunshine State has an interesting insurance law. Known as no-fault insurance, Florida is one of a handful of states following this guideline. This insurance rule doesn’t say no one is responsible for causing a traffic accident. Instead, it’s designed to make it easier to recover some compensation and speed up the claim process.
Everyone with a vehicle registered in Florida must at least carry the state’s minimum liability insurance requirements. This also applies to your personal injury protection (PIP) insurance. If you’re only carrying liability insurance, you can file a claim for your vehicle damage. Liability insurance only covers damage you cause to someone else’s property.
Your PIP provider should cover up to 80% of your medical expenses and lost wages or your policy’s cap, whichever comes first. Since you’re filing a claim with your insurance provider, the process should move along a little more smoothly. Sometimes, you can receive a settlement check in a month or so.
Getting some compensation is great. After all, every little bit helps after an accident. However, you’re still looking at remaining damages even if you have full-coverage insurance. Remember, PIP isn’t going to cover everything. You’re at least still going to have around 20% of your medical bills hanging over your head. This is when you turn to the at-fault driver’s insurance carrier and file a claim for your additional damages. However, this still doesn’t necessarily mean you’ll receive full compensation for your remaining damages.
Comparative Negligence Rules
The Sunshine State follows another insurance rule, and this one can significantly impact your compensation amount. Florida is a comparative negligence state, so more than one driver can be liable for causing the same accident. For example, if you’re speeding and the other driver blows through a stop sign, you’re probably responsible for causing the resulting vehicle collision.
Don’t start panicking just yet if you’re also liable for the accident. Comparative negligence means you can still file a compensation claim as long as you’re not more than 50% responsible for the accident. Your compensation is going to be reduced by your percentage of fault. So, if you’re assigned 25% of the blame and your claim’s value is $100,000, you’ll receive $75,000 in compensation.
Since comparative fault can drastically reduce the value of your claim, filing an appeal may be a great option. You file the appeal in civil court, present your evidence, and let a judge or jury assign blame. Your percentage of fault may be reduced or left the same.
A quick side note. Comparative negligence doesn’t play a role in your compensation amount when you’re filing your initial claim with your insurance provider. You only need to worry about the insurance rule when the claim is against the at-fault driver. Filing an appeal can boost your compensation amount, but it also stops the process while your case winds through the court process.
Severity of Your Injuries
Your medical expenses tend to make up a large portion of your insurance claim. Your costs are going to be higher if you suffer severe or catastrophic injuries compared to treating some cuts and bruises.
Some injuries like amputations and TBIs (traumatic brain injuries) tend to result in long-term or even lifetime medical care. This is going to significantly increase your claim’s value. If your home needs modifications to accommodate your post-accident injuries, this is also going to add value to your accident claim. Don’t forget about things like rehab and at-home medical care. Your injuries can also impact any potential compensation you may receive for lost wages. To claim lost income, you must prove your injuries are preventing you from returning to work.
Extent of Your Property Damage
If your property damage is limited to a tiny dent on your vehicle’s bumper, this is going to be reflected in your claim’s value. However, if your vehicle is considered totaled or suffers extensive damage, this is going to be reflected in your claim’s value.
Your property damage also isn’t limited to only your vehicle. Pretty much any item belonging to you that’s damaged in the accident can go on the claim form. This includes things like your handheld devices and even clothing.
Non-Economic Damages
Your economic damages are things like your medical costs and property repair/replacement expenses. Any lost income also falls under economic damages. Most personal injury claims also list non-economic damages and this is when things can get a little tricky.
Non-economic losses are intangible and include things like your pain and suffering. You and your Florida accident attorney can use either the per diem or multiplier method to calculate the estimated value of your non-economic damages. Even though it can be a bit of a pain, you don’t want to skip claiming this potential damage.
Helping Ensure You Recover Your Accident Claim’s Value
Several factors go into figuring out the value of a vehicle accident claim, and from various insurance laws to non-economic damages, a few factors can either increase or decrease your claim’s value. Working with an experienced Florida accident attorney can help simplify the process and ensure you receive fair compensation for your rollover accident damages.
