You Have Rights Even If the Other Driver Is From Somewhere Else
If you’ve spent any time on Florida roads, you’ve probably noticed all the out-of-state license plates. From snowbirds escaping the northern cold to vacationers headed to the beach, Florida draws millions of visitors every year. While most drivers are just trying to enjoy their time here, car accidents do happen.
What if you’re injured in a car accident caused by someone who doesn’t live in Florida? It’s a more common situation than you might think, and it comes with a few legal twists. Here’s what you need to know if you're injured in a Florida car accident caused by an out-of-state driver.
Why are out-of-state drivers involved in so many Florida crashes?
Florida is one of the top tourist destinations in the country. Every year, millions of people drive down from other states, hop into rental cars, or bring their own vehicles to enjoy everything from Disney to Daytona. Add in the “snowbirds” who spend winters here and commercial truck drivers passing through on I-95 or I-75, and it’s no surprise that our roads are packed with out-of-state drivers.
The problem is that many of these drivers are unfamiliar with Florida’s traffic patterns, road conditions, and weather. Sudden downpours, toll roads, confusing interchanges, and aggressive merging can throw even the most seasoned driver off their game. That’s when car accidents happen, and if you’re the one left injured, you’ll want to know how to protect your rights.
Does Florida law still apply to an out-of-state driver?
If the car accident occurred in Florida, then Florida law applies, even if the at-fault driver is from New York, Georgia, Michigan, or any other state. That means Florida’s no-fault insurance rules kick in first. Your own Personal Injury Protection (PIP) coverage will pay up to $10,000 for medical bills and lost wages, regardless of who caused the crash. But if your injuries are serious, you can step outside the no-fault system and file a claim directly against the out-of-state driver.
Here’s something many people don’t realize: By driving on Florida roads, that out-of-state driver is agreeing to be held accountable under Florida law. So even if their insurance company is based elsewhere, they’re still subject to our rules.
What challenges come up when the at-fault driver isn’t from Florida?
Crashes involving out-of-state drivers can be more complicated than a typical fender bender between locals. Here’s why:
- Insurance confusion: The out-of-state driver may have a policy that doesn’t meet Florida’s standards, or their insurance company may not be familiar with our no-fault system.
- Jurisdiction questions: Sometimes, their insurance companies might argue that any lawsuit should be filed in the driver’s home state. That’s rarely valid, but it still requires legal expertise to keep the case in Florida, where it belongs.
- Rental cars or work vehicles: If the driver was behind the wheel of a rental or driving for a company, liability might involve multiple insurance policies and corporate entities.
- Delayed responses: Out-of-state insurance companies may drag their feet or give vague answers, especially if they’re not used to dealing with Florida claims.
What if the other driver is uninsured or underinsured?
This happens more often than you might think. Florida doesn’t require drivers to carry bodily injury liability coverage, and neither do some other states. So it’s possible the at-fault driver may not have enough insurance (or any at all) to cover your injuries.
If that’s the case, your uninsured/underinsured motorist (UM/UIM) coverage may kick in. This is an optional add-on in Florida, but it can be a lifesaver in situations like this. A lawyer can also help determine whether the driver was covered under a business or rental policy that could provide additional compensation.
Can you file a lawsuit against an out-of-state driver?
If the crash happened in Florida, you can file your lawsuit right here in Florida. The Florida courts have jurisdiction over car accidents that occur within state lines, even if the defendant lives in another state. Your attorney will serve them with legal notice and handle any court filings. It doesn't matter if they live in Atlanta, Boston, or anywhere else.
Filing the case in Florida keeps things local and makes it easier for you to participate in your case. It also ensures your case is decided under Florida’s personal injury laws. This can often work in your favor.
How can a Florida car accident lawyer help?
A knowledgeable personal injury lawyer can make a world of difference, especially when you’re dealing with an out-of-state driver. Here’s how:
- They know Florida’s no-fault and liability laws inside and out.
- They’ll handle communication with uncooperative or slow-moving insurance companies.
- They can track down all potential insurance policies, including employer or rental coverage.
- They’ll fight to keep the case in Florida courts and negotiate for a fair settlement.
- Most importantly, a good lawyer will give you peace of mind while you focus on getting better.
Let Armando Personal Injury Law Protect Your Rights After a Crash
If you were injured in a crash caused by an out-of-state driver in Tampa, you might be dealing with unfamiliar insurance companies across state lines. Armando Personal Injury Law understands how complicated these situations can be, and we’re here to make the legal process clear and manageable. Founding attorney Armando Edmiston has years of experience helping Floridians hold negligent drivers accountable, no matter where they’re from.
When you schedule your free consultation, we’ll listen to your story, review any evidence or paperwork you’ve gathered, and explain your potential legal options. We also work on a contingency fee basis, which means you pay nothing unless we win your case. Contact us today to schedule your free consultation. Let us handle the insurance companies while you focus on your recovery and healing.
“Armando and his crew were great when dealing with my case!! I would highly recommend. When my car was totaled out, they even referred me to a nice chiropractor who provided transportation to and from my destination. THANK YOU GUYS SO MUCH .” – V.M., ⭐⭐⭐⭐⭐