Car Accident with an Out-of-state Driver
Each year, millions of tourists flock to central Florida year-round to enjoy the many attractions we have to offer. This means that there is typically no shortage of out-of-state license plates driving down the highway at any given moment. As a Florida resident, there’s a chance that you may end up being involved in a car accident with one of these drivers.
Many people worry that an accident with an out-of-state driver will make the process of filing a claim and recovering damages more complicated. However, this isn’t the case. In fact, Florida has laws in place that apply directly to these types of situations.
It is important to know that you still have the right to seek compensation for your injuries, regardless of where the other driver’s vehicle is registered.
Laws Applying to Accidents with Out-of-State Drivers
Florida statute 48.193, known as the “Long-Arm” statute, outlines actions or activities that give Florida courts the authority to summon non-residents to appear before the court. Included among these are tortious acts.
A tortious act is one that meets the criteria of a tort, which is a civil wrongdoing. If a person has fault in a car accident, they have committed a tort and are obligated to appear in court if summoned.
By operating a vehicle on Florida roadways, drivers submit themselves to the authority of the court if an accident were to occur. This means that if you are involved in a car crash with an out-of-state driver, you are just as able to pursue a personal injury claim as you would if the driver was a Florida resident. Accident victims are entitled to seek compensation for their injuries no matter where the other driver is from, and the statute ensures that they have the ability to.
How to Handle These Claims With the Insurance Company
When it comes to filing a claim with the insurance company, you would handle the situation just the same as if they were a Florida resident.
Your first option is still to go through your own insurance provider, since Florida is a no-fault state. If your damages exceed your available coverage, you can then bring a claim against the other driver’s insurance company. In this case, it may even be beneficial to you that the other driver is from a different state.
While Florida does not require drivers to carry bodily injury coverage, many other states do. This means that you could potentially have access to even more coverage than if the driver who hit you was a Florida resident. However, just because there may be more coverage available doesn’t mean that the insurance company will gladly hand it over. They will likely do their best to award you with the least amount possible.
Trust Dismuke Law to Fight for You
Dismuke Law is home to a team of qualified attorneys who will fight to reach the best possible outcome on your behalf.
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Dave has dedicated 15 years and a significant portion of his practice to auto accidents and has well-trained staff in place to help you.
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Our core belief is that every detail must be studied, that every adversary must be out prepared and outworked and that every client must be treated like they are family.
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Dave is a Florida Bar Board Certified Civil Trial Lawyer and focuses his practice on automobile accidents.
Dave and his staff worked hard for me and always did what was in my best interest.- Rena S.
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