Will insurance pay for damages from a DUI accident in Tampa Florida?
Florida insurance law will cover damages related to personal injury from a car accident where an individual was driving under the influence. Contact an attorney to review your case.
Driving under the influence is a criminal offense in Florida and will be prosecuted. If injuries and damages occur from an accident caused by DUI, insurance will cover in accordance with Florida law. If damages and injuries exceed the insurance, a civil lawsuit can be initiated. According to the Centers for Disease Control and Prevention 2016 data, alcohol-impaired drivers cause 29 people in the United States to die in a motor vehicle accident, and the costs related to these crashes exceeded 44 Billion Dollars in 1) lost productivity, 2) workplace losses, 3) legal and court expenses, 4) emergency medical costs, 5) medical costs, 6) property damage, 7) insurance claims and administration, and 8) roadway congestion.
Florida insurance requirements.
Mandatory Insurance. State of Florida requirements are that motor vehicles must have current auto insurance coverage with a minimum requirement of $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL). If you have been previously convicted of certain offenses or been involved in auto accidents, the Florida Department of Motor Vehicles can request that you purchase additional auto insurance including bodily injury liability coverage (BIL).
No-Fault Car Insurance. The Florida No-Fault Law requires drivers to carry the PIP and this no-fault coverage pays the insured’s bills, regardless of fault, up to the limit of the $10,000.
Statute of Limitations. Florida has a four (4) year statute of limitations for personal injury claims. This means if a driver, passenger, or passerby is injured or sustains property damage at the hands of a negligent driver, the victim must file a lawsuit within the four (4) year period beginning from the date of the accident.
Pure comparative negligence (51% Rule).
Florida follows the “pure comparative negligence rule” meaning that if you were responsible for any part of the activities that led to your injury, the compensation you will receive will be adjusted in accordance with that percentage of fault assigned to you. Because the court systems in Florida follow this rule in injury cases, you may find that the insurance adjuster will also try to assign a degree of fault on you to decrease the settlement paid out for the accident if you go to settlement proceedings. However if the accident was caused because of the drunken driving, a criminal conviction will support a negligence claim for the civil suit, and should strengthen your case and the amount of the award.
Court awards. Compensation will be based upon a review of all damages and injuries including those that are psychological such as anxiety. Settlement will be made through liability insurance including uninsured motorist coverage. The compensation will address current lost wages and future lost wages, loss of income, medical bills, and physical damages to the vehicle based on the percentage of fault.
If it is found that the driver causing the accident operated a vehicle under the influence of alcohol when driving and was affected to the extent that physical faculties were impaired to cause an accident, Florida Statute 316.193 criminal penalties and charges will follow. If a conviction occurs, that will lay the groundwork for your civil lawsuit. 
Hire an attorney.
Contacting a professional at Larson Johnson Trial Attorneys office for personal injury claims is in your best interest, as they are experienced trial lawyers who have a support team to analyze all aspects of the DUI accident situation, and ascertain next steps to remedy the losses sustained.
Larson Johnson, P.L.
Tampa Office
2011 West Cleveland Street
Tampa, Florida 33606
Phone: 813-228-6688
Fax: 813-228-6699
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