What Should I Do If Someone Sues Me After a Car Accident in Florida?

Being sued after a car accident in Florida can be stressful. You may be unsure of what to do next or how to protect yourself. Acting quickly and making the right moves can help you achieve a better outcome. Here’s what you need to know if someone files a lawsuit against you.

Understanding Florida’s No-Fault Insurance System

Florida follows a no-fault insurance system. This means that drivers must first turn to their own insurance for injury claims, regardless of who caused the accident. Every Florida driver is required to carry at least $10,000 in Personal Injury Protection (PIP) insurance.

However, if the other driver’s injuries are considered “serious” under Florida law, they may sue for damages. Serious injuries include permanent disability, significant scarring, or loss of bodily function. Property damage claims are not covered under no-fault laws, so the other driver can sue for vehicle repairs and other losses.

Review Your Insurance Policy

After learning about the lawsuit, check your insurance coverage. If you have bodily injury liability (BIL) coverage, your insurer will likely provide legal representation. Florida does not require BIL insurance, so if you don’t have it, you may be personally responsible for legal costs and potential damages.

Do Not Speak to the Plaintiff or Their Insurance Company

Avoid discussing the accident with the person suing you or their insurance company. Anything you say could be used against you. If their insurer contacts you, refer them to your attorney or insurance provider.

Contact a Car Accident Lawyer Immediately

Hiring an attorney as soon as possible is one of the most important steps you can take. An experienced lawyer will review your case, help you understand your options, and build a strong defense. Many attorneys offer free consultations, so you can get legal advice without any upfront costs.

Respond to the Lawsuit in Time

After being served with a lawsuit, you typically have 20 days to respond. Failing to respond could result in a default judgment, meaning you automatically lose the case. Your attorney will help draft and file your response to protect your rights.

Gather Evidence to Support Your Case

Collect all relevant documents and evidence related to the accident, including:

• Photos and videos from the crash scene

• Police reports

• Witness statements

• Medical records

• Insurance documents

Your lawyer will use this evidence to dispute the claims against you and build a strong defense.

Participate in the Pretrial Discovery Process

Once a lawsuit is filed, both sides will exchange evidence through a process called discovery. Your lawyer can request documents, depositions, and other information from the plaintiff to challenge their claims. The plaintiff’s attorney may also ask for information from you, which your lawyer will help you handle.

Consider Filing a Counterclaim

If the other driver was partially or fully at fault, you might be able to file a counterclaim. This means you sue them for damages, such as vehicle repairs, medical bills, or lost wages. If you win, they may have to compensate you instead.

Explore Settlement Options

Many car accident lawsuits are settled before going to trial. Settlement negotiations can help you avoid a lengthy court battle. Your attorney will handle discussions and work to reach a fair agreement that minimizes your financial burden.

Possible Defenses Against the Lawsuit

Several defenses may apply to your case, including:

• Statute of Limitations – Florida has a two-year limit for personal injury lawsuits if the accident occurred on or after March 24, 2023. If the plaintiff files after this deadline, their case can be dismissed.

• No-Fault Insurance Applies – If the injuries are not classified as “serious,” the plaintiff may not have the right to sue.

• Comparative Negligence – Florida follows a modified comparative negligence rule. If the plaintiff is 51% or more at fault, they cannot recover damages. Even if they are less than 51% at fault, their compensation will be reduced based on their percentage of fault.

• Failure to Mitigate Damages – If the plaintiff didn’t seek medical treatment or ignored their doctor’s advice, they may not be entitled to full compensation.

• Lack of Causation – If the plaintiff’s injuries were not directly caused by the accident, they may not have a valid claim.

Need Help After a Car Accident?

If you are sued after a car accident in Florida, take action immediately. Contact a Tampa car accident lawyer who can guide you through the process, protect your rights, and work toward the best outcome. Call D2 Law at (800) 790-5641 today for a consultation and legal guidance on your case.