While most car accidents involve collisions between moving vehicles, we also occasionally see cases in which one of the cars was parked. When a driver or passenger is sitting in a parked vehicle at the time of a collision, this can lead to serious injuries. In these cases, hiring an experienced Florida accident lawyer is the first step in the recovery process.
Although these cases might seem unique, from a legal perspective, they are fundamentally the same as all other types of car accidents. Injured drivers and passengers are entitled to just compensation, and seeking just compensation typically involves filing an insurance claim. While you might think that filing an insurance claim will be straightforward if your car was parked, the insurance companies will still try to avoid paying what they owe—and this makes it important to have an experienced Florida accident lawyer on your side.
Filing an Insurance Claim If You Were Injured in a Parked Car in Florida
If you were injured in a parked car in Florida, one of the first things you need to do is figure out whose insurance company is liable for your injuries. This is complicated by Florida’s “no fault” insurance law. While you have the right to file an insurance claim, you must file a claim with your insurance company unless you can show that you suffered a “significant” or “permanent” injury.
This is true even if there is no question that the driver who hit your parked car was at fault in the crash.
As a result, along with hiring a Florida accident lawyer to represent you, there are two other key steps you will need to take as soon as possible:
- Seek Treatment for Your Injuries – Seeking treatment promptly will assist with proving that your injuries are a result of the accident. Your lawyer will also need to review your medical records to determine if your injuries meet the “significant” or “permanent” threshold under Florida law.
- Collect and Preserve Evidence of Liability – If your injuries are “significant” or “permanent,” you will need evidence that the driver who hit your parked car was at fault in the collision. This is a step that should be undertaken by your Florida accident lawyer to ensure that you have all of the evidence you need and that the evidence remains admissible in court (if necessary).
Taking these two steps should give your lawyer the information he or she needs to determine what claim (or claims) you are eligible to file. When it comes to seeking financial compensation for your injuries, there are three main possibilities:
- Personal Injury Protection (PIP) – If you have auto insurance, you have personal injury protection (PIP). You can file a PIP claim after a car accident regardless of the severity of your injuries and regardless of who was at fault in the collision.
- Bodily Injury Liability (BIL) – If you suffered “significant” or “permanent” injuries and you can prove that the driver who hit you was at fault, you can file a claim under the driver’s bodily injury liability (BIL) policy. However, unlike PIP, BIL coverage is not mandatory in Florida—so the driver may or may not be covered.
- Uninsured/Underinsured Motorist (UIM) – Another type of optional insurance coverage in Florida is uninsured/underinsured motorist (UIM) coverage. If you have UIM coverage and you can’t fully recover your losses from the at-fault driver’s insurance company, then filing a UIM claim could be your best option.
It is worth noting that while these are the main options for seeking injury compensation after a collision involving a parked car in Florida, these are not necessarily the only options you will have available. For example, if the driver who hit your parked car lost control because his or her brakes failed, the manufacturer of the driver’s vehicle could be liable. Or, if the driver who hit your parked car was working at the time of the crash, you could have a claim against the driver’s employer or rideshare company.
Making sure you consider all of your legal options is another important reason to put an experienced Florida accident lawyer on your side. If you are eligible to file multiple claims as a result of your parked car accident, you may need to file multiple claims in order to recover the full compensation you deserve.
Proving Driver Negligence in a Parked Car Accident
While various parties could be liable for your injuries—and this is a critical factor that you don’t want to overlook—most likely, the driver who hit your parked car is responsible. If this is the case, you will need to work with your Florida accident lawyer to prove the specific reason why the driver hit your vehicle. There are several possibilities, including:
- Distracted driving
- Drowsy driving, fatigued driving or falling asleep behind the wheel
- Impaired driving (driving under the influence of alcohol, marijuana or another drug)
- Reckless driving
- General carelessness behind the wheel
All of these can provide grounds to seek just compensation for your losses—provided that your injuries qualify as “significant” or “permanent.” But, to file a BIL or UIM claim, you will need evidence of the specific reason why the accident happened—and, again, this makes it important to hire an experienced Florida accident lawyer as soon as possible.
While dealing with the insurance companies after a parked car accident can be challenging, it is important to make sure you have the financial resources you will need for the future. This is especially true when you suffered serious injuries in the collision. Hiring an experienced Florida accident lawyer to represent you is well worth it, and you should not have to pay anything out-of-pocket for your legal representation.
[View source.]
