As a principal city in Florida’s “Fun Coast” surfing region, Port Orange attracts many tourists, leading to an increase in traffic which can affect the number of car accidents in the city each year. In 2023, Volusia County, where Port Orange is located, reported 9,212 crashes, causing 6,231 injuries and 111 deaths.
Even minor car accidents can have a major impact on a person’s life, let alone larger ones that result in serious injuries. Filing a car accident claim can get you essential compensation for medical bills and more. Read on to learn more about the claims process in Port Orange, Florida, and the importance of hiring a car accident lawyer.
The Car Accident Claim-Filing Process
Filing a typical auto accident claim in Port Orange involves the following steps.
- Document injuries and damages by taking photos of the accident and any car damage. Hold on to medical bills and other documents to prove your injuries.
- File a police report by calling the authorities at the scene of the crash and cooperating with their investigation. The cops will file an incident report.
- Notify your insurance company as soon as possible that you were involved in a car crash.
- Gather evidence such as accident scene photos, medical bills, and the police report to submit with your car accident claim.
- Seek legal advice from a car accident attorney before filing a claim. You can often get a free case review, which can give you a better idea of your next steps, including whether you should hire a lawyer.
Attorney Chad K. Florin, M.B.A., LL.M. advises, “It’s highly recommended to seek advice from a car accident attorney before filing your claim, even if you ultimately decide to file without one. You may be leaving a lot of compensation on the table by not filing the strongest claim you can due to inadequate evidence, undervaluing the worth of your case, or other factors.”
The Importance of Hiring a Car Accident Lawyer
Hiring a Port Orange car accident attorney can result in substantially more compensation, and can be essential to a successful car accident claim in some cases.
Hiring an experienced car accident lawyer can help you:
- Navigate complex legal issues
- Maximize compensation
- Help negotiate medical bills
- Protect your legal rights
Insurance agencies are incentivized to offer less compensation than a case is worth and may be especially hesitant to pay out large sums when a car accident victim suffered serious injuries.
The involvement of company vehicles, malfunctioning car parts, and other complications can lead to complex cases that require a deep understanding of the nuances of car accident law—especially if a case goes to trial.
Florin|Roebig’s car accident attorneys are seasoned professionals who’ve won record-breaking amounts of compensation for clients in several Florida counties. If you have any questions about your car accident case, don’t hesitate to schedule a free case evaluation.
State Laws For Car Accident Cases
Port Orange follows Florida and Volusia County laws, as well as local city ordinances, all of which have a big impact on your car accident case.
Traffic Laws
Traffic laws are essential to determining the outcome of car accident claims in Port Orange. Cops may assign fault to a driver in their police report if someone breaks the law, such as by running a red light or speeding.
Even in less clear-cut cases, lawyers, insurers, and courts will look at evidence from traffic cameras, witnesses, and more to see if any traffic violations occurred, making it easier to assign fault and, therefore, determine if one party is responsible for compensating another for their losses.
Insurance Coverage Requirements
Under Florida’s no-fault system, all state-registered vehicles must have the following car insurance coverage:
- Personal Injury Protection (PIP): PIP covers 80% (up to $10,000) of all “necessary and reasonable” medical expenses for an injury covered under the plan.
- Personal Damage Liability (PDL): PDL covers $10,000 of another driver’s vehicle or property damage in an accident if you’re at fault.
The No-fault System
Florida—and by extension, Port Orange—follows a no-fault system that not only requires drivers to have basic PIP and PDL insurance but also requires drivers to turn to their own insurers to cover most car accident injuries (a first-party claim).
However, if you were badly injured or suffered extensive car damage, you may be able to file a claim against the at-fault driver’s insurer (a third-party insurance claim).
Third-party car accident claims in Florida require injuries that cause at least one of the following:
- Severe and permanent loss of an important bodily function
- Permanent injury
- Severe and permanent scarring or disfigurement
- Death
Legal Remedies Available To Accident Victims
Port Orange car accident victims can seek compensation in a few ways.
- First-party personal injury claims: These claims offer fairly quick and straightforward coverage of accident-related injuries, but how much and what they cover is limited.
- Third-party personal injury claims: These claims can result in much more compensation for a wider array of losses, but they generally take longer and can be more difficult to win.
- Personal injury lawsuits: Often, insurers won’t quickly settle a third-party claim for a reasonable amount. In this case, you may need to pressure them to settle by filing a lawsuit with the Volusia County court. Most lawsuits end in a settlement, but they may go to trial, where your case will be decided by a jury or judge.
Fault In Car Accidents
Fault describes who’s responsible for causing a car accident. Under Florida law, more than one party can be partially at fault, which can impact how much compensation a car accident victim can collect. Fault is usually determined by negligent (careless) behavior.
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Liability In Car Accident Cases
Liability describes the legal responsibility to compensate someone for their losses in a car accident.
Car accident cases in Port Orange may use the following to help determine liability:
- Negligence: Typically, if one driver was clearly negligent, they’ll be liable for compensation.
- Strict liability: A strictly liable party is responsible for compensation regardless of negligence or any other wrongdoing. In car accidents, this may happen when a manufacturer’s car part (such as brake cables or a seatbelt) is defective and leads to a car accident or makes the damage in an accident worse.
- Vicarious liability: A vicariously liable party is responsible for someone else’s actions. In a car accident, this often happens with a business that’s liable because an on-the-job employee causes an accident that injures someone.
Understanding Consideration Of Negligence And Degree Of Fault
Since March 24, 2023, Florida has followed a modified comparative negligence standard, which means more than one party can share fault for a car accident and their degree of fault will decrease how much compensation they can collect. If someone is more than 50% at fault, they can’t collect compensation at all.
Attorney Chad Florin explains, “If you were found to be 15% negligent for an accident because you failed to signal during a turn, you could only collect $85,000 if you were awarded $100,000 in compensation.”
Ways The Accident Can Impact Your Life
A car accident in Port Orange can impact your entire life in an instant, leading to long-lasting pain and disabilities, an inability to work, crushing medical bills, and great emotional distress.
Some common struggles after a car accident include:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Loss of intimacy with a spouse or partner
- Permanent disability or disfigurement
- Death of a loved one
Car accident resources in Port Orange may include:
- Port Orange Police Department
- Emergency services
- Medical care providers
- Insurance companies
- Therapy and support groups for accident survivors
- Victim advocacy services
- Government agencies
- Nonprofit community safety organizations
- Car accident attorneys
Car accident lawyers can help you learn your legal options and, in turn, begin working toward putting your life back together. Whether the collision happened to you or someone you know, Florin|Roebig wants to help you with filing a claim and getting just compensation. Reach out at any time for a free case evaluation.
What To Do After A Car Accident
You may not have the ability to do more in the immediate aftermath of a car accident besides get medical help, which should always take priority. However, if you’re able, taking a few actions can make the claim filing process easier and more successful later.
After a car accident in Port Orange:
- Check for injuries and if you’re injured, get medical attention immediately to give yourself the best recovery outcome and get your injuries documented.
- Contact law enforcement so the crash is reported and to get a police report filed.
- Gather information at the scene of the accident such as witness contact information.
- Document the accident scene by taking photos and videos.
How Florin|Roebig Can Help With Your Car Accident Claim
Florin|Roebig is proud to have been selected as one of the “Best Law Firms in America” by U.S. News & World Report and Best Lawyers in America for every year since the distinction began over a decade ago.
Florin Roebig car accident lawyers offer many services, including:
- Case evaluation
- Legal representation
- Negotiation with insurance companies
- Litigation support
Entrust your case to a law firm that has been representing injured victims for over 30 years and has won an average of more than $1 million in compensation.
Frequently Asked Questions
Who pays for car damage in Florida no-fault?
If someone else was at fault in an accident that damaged your vehicle, you may be able to get compensation from their PDL insurance. You may also have coverage if you paid for your own car damage insurance.
How long do you have to report a car accident to your insurance in Port Orange?
Report a car accident to your insurance company as soon as possible—within 24-72 hours if you can. At the very latest, you should report the accident within 10 days.
How much are most car accident settlements in Port Orange, Florida?
Car accident settlements vary considerably in Port Orange and across Florida based on the extent of the victim’s injuries and other damages and countless other factors. Compensation can range from thousands to millions of dollars. Contact a car accident attorney to get a realistic range for your specific case.
List Of Car Accident Attorneys Serving Port Orange
Florin|Roebig is here to help the people of Port Orange get the justice they deserve. Our car accident lawyers have been serving residents throughout Florida for more than three decades, gaining more than $1 billion in settlements in total.
Our car accident lawyers serving clients in Port Orange include:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Shaun M. Cummings
- Luca G Esposito
- Chad K. Florin, M.B.A., LL.M.
We Are Nationally Awarded Lawyers
How to Get Help from Florin|Roebig Attorneys
If you are interested in seeking legal advice from our legal team, you can contact our offices to schedule an appointment.
- Our website, florinroebig.com, has an option for requesting more information.
- You can call our phone number 24/7
- For more information regarding our services and free consultations, you can email us at [email protected]
- Or you can reach us at an office near you below.
Jacksonville Office
1506 Prudential Drive
Jacksonville, Florida 32207
Florin|Roebig understands how difficult it can be to come to terms with a serious car accident. You’re under no obligation to schedule a consultation with a lawyer during this time, but you should consider how a lawyer might be able to shoulder some of the burdens you’re dealing with. When you call us, we get to work for you right away, allowing you to take a much-deserved break from all the pressure.
Contact Florin|Roebig today to learn more about the process of filing a car accident claim in Port Orange, whether you qualify to file, and how much you may be able to gain in compensation.