LEGALLY REVIEWED BY
Michael Hersh and Ian Kirtman, Trial Attorneys
October 24, 2024
Attorneys Michael Hersh and Ian Kirtman are experienced personal injury attorneys who have won their clients more than $100 million in verdicts and settlements throughout their 30 years of experience.
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The allure of Florida’s year-round sunshine and warm weather has long made it a haven for “snowbirds” – those who migrate south to escape the bitter cold of northern states during the winter months. The idea of soaking up the sun and enjoying the tropical climate is undoubtedly appealing. With more people in town, though, comes the impacts of more congested roadways, which leads to more crashes. Florida’s roads, shared by residents from various states, can sometimes lead to accidents that leave visitors from afar, such as New York snowbirds, grappling with uncertainty and confusion.
Hersh Kirtman Injury Law recognizes the challenges you may face as a New York snowbird involved in a Florida accident. We are committed to advocating for your rights and ensuring you receive the compensation you need. Let Hersh Kirtman Injury Law be your trusted partner in pursuing justice and relief during this challenging time.
What Are Florida’s Car Insurance Requirements?
If you stay in Florida for a lengthy period of time, and you plan on having your vehicle with you, you are required to register your vehicle with the Florida DMV. To do so, though, you need to have certain auto insurance that meets Florida’s requirements.
If you have auto insurance in your home state, then you are covered even if you experience a crash while passing through another state. Once in Florida, however, snowbirds are required under Florida law to carry insurance purchased from an insurance company and an agent licensed in Florida.
This means that if someone in New York comes to Florida for the winter months, they can keep their New York insurance but must also purchase Florida car insurance for the time they are living here. Snowbirds can keep the same insurance provider if the company is licensed in both states, but they must have two separate plans for the respective state.
Understanding How Florida’s No-Fault System Impacts Your Claim
Florida operates under a no-fault insurance system, which means that after an accident, your initial medical expenses are first paid by your auto insurance company through personal injury protection benefits, which are required under Florida law. This system is designed to ensure that those involved in car crashes receive immediate medical benefits and wage loss coverage through their Personal Injury Protection (PIP) insurance coverage, regardless of fault.
In Florida, the required amount of PIP coverage is $10,000. If you have a policy out of New York, though, your PIP coverage will be greater, given that New York requires, among other things, that all auto insurance policies afford at least $50,000 in PIP coverage. Therefore, if you are involved in a crash in Florida, whether you have a Florida or a New York policy, your medical bills will be paid, at least initially, through your own PIP coverage.
Seeking Compensation from the At-Fault Driver
While Florida is a “no-fault” state, that does not prohibit you from seeking compensation from the at-fault driver, if one or more other drivers negligently caused the crash. Rather, “no-fault” refers to the required PIP coverage that pays for certain medical expenses and lost wages, regardless of fault, following a crash.
A car crash victim, though, still has the right to pursue a claim for compensation from an at-fault driver, if another driver was negligent and caused the crash. To do so, you must establish liability by proving that the other driver was negligent, resulting in the crash. This involves demonstrating that they breached their duty of care, which is expected of all drivers, and that this breach directly caused your injuries and damages.
Collecting evidence, such as accident reports, witness statements, and photographic evidence, is crucial in establishing liability. It’s essential to act promptly to gather this information, as well as to seek medical treatment and document your injuries.
Coordinating With Your New York Insurance
As a New York resident, your auto insurance policy may also come into play in the event of an accident in Florida. In addition to your PIP coverage, your New York policy is likely to also have uninsured or underinsured motorist coverage, which will compensate you if the at-fault driver had no or insufficient insurance coverage to cover your injuries and losses.
To navigate this complex landscape effectively, it’s essential to consult with an experienced personal injury attorney. They can help you determine which insurance policy should be utilized and guide you through the claims process, giving you the best chance at recovering the compensation you deserve.
Contact Our Car Accident Attorney Today at Hersh Kirtman Injury Law
Understanding what insurance applies and which claims can be brought following a car crash involving a New York resident snowbirding in Florida is crucial when pursuing such a claim. Hersh Kirtman Injury Law is here to provide the guidance and support you need. Our team’s commitment to advocating for your rights and pursuing the compensation you deserve remains steadfast.
Don’t hesitate to reach out to us at Hersh Kirtman Injury Law. Contact our firm today to schedule a consultation by calling (561) 208-3700 or complete our contact form.
