Question 1

What evidence do I need to prove a car accident case in Florida?

Accepted Answer

You need photographs of the scene and damage, contact information for any witnesses, all medical records related to your injuries, the other driver's insurance information, and the police report. Surveillance footage, dashcam video, and the accident reconstruction report from an expert witness can also strengthen your case. The sooner you gather this evidence, the stronger your claim.

Question 2

Do I need a police report after a car accident in Winter Haven?

Accepted Answer

Florida law requires a crash report for any accident involving injury, death, or at least $500 in property damage. An official police report provides an independent account of the crash, documents any citations issued, and is important evidence for your personal injury claim. Request your report through the Florida DHSMV crash portal or the Winter Haven Police Department.

Question 3

What is Florida's modified comparative negligence law and how does it affect my case?

Accepted Answer

Under House Bill 837, effective March 2023, if you are found to be 51% or more at fault for a car accident, you cannot recover any damages (Florida Statute 768.81(6)). If you are 50% or less at fault, you can recover damages reduced by your percentage of fault. That means insurers have strong incentive to argue that your fault was 51% or more.

Question 4

How long do I have to file a car accident lawsuit in Winter Haven?

Accepted Answer

Under Florida Statute 95.11(4)(a), as amended by HB 837 in March 2023, you have two years from the date of the accident. For accidents before March 24, 2023, the four-year deadline may apply. Contact an attorney as soon as possible after your accident because critical evidence disappears within weeks.

Question 5

Can I still recover compensation if I was partly at fault for the accident?

Accepted Answer

Yes, if your share of fault is 50% or less. Under Florida's modified comparative negligence system, your damages are reduced by your fault percentage. For example, if you are 20% at fault for an accident resulting in $50,000 in damages, you recover $40,000. You only lose your right to recover if you are found 51% or more at fault.

Question 6

What if the other driver does not have insurance?

Accepted Answer

Florida does not require drivers to carry bodily injury liability coverage, which means uninsured drivers are common. Your own Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage can compensate you if the at-fault driver has no insurance or insufficient coverage. You generally have up to five years to file a UM claim. An attorney can help you navigate both the at-fault driver's coverage and your own policy.

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