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Miami Injury Lawyer > Blog > Car Accidents > Four Situations Where A Car Accident Lawsuit Is Better Than An Insurance Claim

Four Situations Where A Car Accident Lawsuit Is Better Than An Insurance Claim


Car accidents in Miami happen on an all too frequent basis. Filing an insurance claim is an option, but may not cover all your costs. You should not have to pay out-of-pocket when negligence on the part of other motorists is to blame. Our Miami car accident lawyer details four situations in which filing a lawsuit is a better option.

When To File A Car Accident Lawsuit In Miami

Florida is a no-fault insurance state. All drivers must maintain coverage to protect themselves and others when car accidents happen. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) explains the mandatory minimums, which include at least $10,000 in personal injury protection (PIP) and the same amount in property damage liability (PDL) insurance.

The idea is that rather than taking a claim to court, it can be resolved between the insurance companies. However, there are circumstances where filing a car accident lawsuit is a better option:

  1. When there are problems with insurance.

Florida has one of the highest rates of uninsured drivers in the country. Even if you and other motorists involved are covered, the insurance company is likely to attempt to dispute, downplay, or even deny your claim. In this situation, filing a lawsuit against the at-fault driver offers definite advantages.

  1. When multiple drivers are involved.

Multi-vehicle pile-ups are common, particularly when truck accidents in Miami happen. Determining who is ultimately responsible and liable in an insurance claim often presents special challenges. Filing a car accident lawsuit in Florida allows you to apportion blame between all drivers involved.

  1. When you are partially to blame.

In some cases, actions or inactions on your part may be partially responsible for a car accident. This is a valid reason for insurance companies to deny your claim. However, under Section 768.81 of the Florida Statutes, you may still be entitled to compensation in a car accident lawsuit. This is referred to as comparative fault. After calculating the total amount of damages, the portion you are responsible for is deducted. For example, if you suffered $100,000 in losses but were determined to be 40 percent to blame, you would still be entitled to 60 percent, or $60,000.

  1. When the damages you suffer are severe.

Even a relatively minor car accident in Miami can result in potentially devastating personal injuries. When your damages are severe or likely to result in long-term disabilities, filing a Florida car accident lawsuit is generally the best option and can entitle you to additional compensation, helping prevent out-of-pocket costs. 

Discuss Your Options With Our Miami Car Accident Lawyer

At Pita Weber Del Prado, we help you get the maximum amount you are entitled to for personal injuries. Our team will negotiate with insurers on your behalf and can take legal action in filing a car accident lawsuit as needed. To discuss your options, call 305-670-2889 or contact our Miami car accident lawyers online and request a consultation today.




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