After an accident with a teenage driver, you may be wondering how you’ll proceed. Are they insured? Will their parents cover your losses? Who is liable for your medical bills and damaged vehicle? Our car accident attorneys can answer your questions, file your case, and pursue appropriate compensation on your behalf.
Our Fort Lauderdale teen driver accident lawyer can advise you on how to proceed with the situation. Once we take you on, we will assess your options for compensation and your eligibility to file a third-party lawsuit. Whatever your situation, we will create a game plan to secure compensation that will improve your financial and personal quality of life since the accident.
Recovering Your Financial and Personal Losses after a Teen Driving Accident
Florida auto accidents follow a no-fault rule. This means you cannot immediately proceed with a case against the at-fault driver, even if our accident lawyer has helped you compile enough evidence. Instead, your injuries must first pass the tort thresholds in Florida Statutes Section 627.737. Otherwise, you can only use your Personal Injury Protection (PIP) insurance.
PIP in a Nutshell
The insurance requirements per the Florida Department of Highway Safety and Motor Vehicles state that Florida motorists must have PIP to pay for their medical bills, lost wages, and other injury-related financial losses. It will cover your expenses even if you are more liable than the teenage driver.
However, PIP does not pay for non-economic damages such as trauma, loss of mobility, and chronic pain.
Qualifying for Third-Party Insurance Claims and Accident Lawsuits
To recover non-economic losses, your injury has to be significant enough to let you bypass the no-fault rules and file a third-party claim or lawsuit against the teenager or their parents. For example, permanent injuries (like a severe traumatic brain injury or loss of limb) would qualify. If you lost a loved one in the accident, this would also qualify you for a lawsuit.
If you lost a loved one in the accident, we are deeply sorry for your loss. We hope we can take the burden of legal action off of your shoulders and pursue financial compensation that can help you recover from this loss. You may be eligible to recover funeral and burial costs, your loved one’s lost financial support, and pain and suffering compensation.
Property Damage Claims
Tort thresholds do not apply if you only want to recover property-related losses, such as auto repairs. You can proceed with a property damage claim against the teenager or parent, as Property Damage Liability or PDL is also mandatory for Fort Lauderdale motorists.
Our attorneys can determine which avenue is the best path for your compensation. If you meet the eligibility requirements for a lawsuit, we will prepare you for every step.
How a Teen Driver Accident Lawyer Can Help You
Our Fort Lauderdale teen driver accident lawyer can assist you with the various aspects of building and filing a claim or a lawsuit, such as:
Estimate Your Total Losses
Our Fort Lauderdale teen driver accident lawyer can gather evidence of the accident and the teenager’s fault. However, we must also gather evidence connecting your injuries and losses to the accident. This information will help us estimate how much you need for past debts and current and future medical care.
Our team can estimate your economic losses by compiling evidence of your expenses. These include auto repair and hospital bills, along with other receipts.
The lawyer can also project the non-economic losses you could recover based on your injuries. To estimate how much you can recover, we will use evidence that testifies to your emotional and physical pain, the inconveniences you’ve suffered, and any loss in your quality of life.
Serve as Your Legal Representative
We can also represent you when facing the insurance provider or the court. We have experience dealing with adjusters and defense attorneys, so we will navigate the negotiations on your behalf.
The lawyer can also negotiate for fairer settlements if the insurance adjuster’s offer is too low. They can do the same if you decide to try and settle your dispute privately with the teen driver or their parents.
Parents Can Also Be Liable for Minor Teenage Drivers
According to Florida Statutes Section 322.09, the parent or legal guardian who signed the teenager’s driver’s license application will be liable for any negligent or intentionally harmful behavior. As such, you can file a claim with the teenager’s parents or guardian.
However, this rule only applies to teenage drivers below 18 years old. They are typically considered adults at age 18 and can be sued as such. You can only sue a minor if they are emancipated, which means they have asked to have all the rights and responsibilities of an adult before they reach the legal age.
The Fort Lauderdale teen driver accident lawyer can search for evidence of the teenager’s liability, such as:
- Highway surveillance footage
- Police accident reports
- Eyewitness statements
- Dashcam videos
What Happens If You Are Also Partly at Fault?
If you are partly responsible for the accident, Florida’s comparative negligence rules come into play. This means the court or the claims adjuster can reduce the amount you can recover from the settlement based on how much blame you share for the accident.
For example, if both of you committed a traffic violation, but their violation is decided by a jury to have made them 60 percent at fault for the collision, your settlement will be reduced by your 40 percent share of the blame.
Discuss Your Case with a Lawyer First
If a teenage driver injured you in Fort Lauderdale, know that we are always here to help. The Law Offices of Anidjar & Levine have settled many cases like yours over the years, so we can use our experiences and resources to handle your situation. Moreover, since we work on a contingency-fee basis, you only have to pay once you receive your financial award.
Call or fill out our contact form for your free consultation. We can discuss your legal options and advise you on the next best steps for your case.
We Can Help.
