By: Spencer Munns
A car accident on I-95, US-1, or the Eau Gallie Causeway can change everything in an instant. When the injuries are serious, the medical bills mount quickly, and the insurance process that is supposed to help you often makes things harder instead.
We have represented car accident victims in Melbourne and across Brevard County. Our attorneys have handled personal injury cases in this area since 1979, and we know the roads, the courts, and the insurance tactics that affect how these cases play out. Free consultations available.
Call (321) 254-3939.
How Does Florida’s No-Fault Insurance System Affect Your Car Accident Case?
Florida operates under a no-fault auto insurance system, which means that after a car accident, each driver typically turns first to their own Personal Injury Protection coverage, known as PIP, regardless of who caused the crash.
Florida requires all registered vehicle owners to carry a minimum of $10,000 in PIP coverage. PIP pays up to 80% of reasonable medical expenses and 60% of lost wages up to the policy limit, without regard to fault. It is designed to provide quick access to coverage for minor injuries without the need for litigation.
What Does PIP Cover and What Does It Not Cover?
PIP covers emergency medical treatment, follow-up care, and a portion of lost wages, subject to the $10,000 limit. To access the full $10,000, your condition must be classified as an emergency medical condition by a qualified provider within 14 days of the accident. Non-emergency conditions are limited to $2,500 in PIP coverage.
PIP does not cover property damage to your vehicle, pain and suffering, or any expenses that exceed the policy limit. For serious injuries, PIP coverage is almost always insufficient to cover the full scope of losses.
When Can You Step Outside the No-Fault System and Sue the At-Fault Driver?
Florida law allows an injured driver to file a lawsuit against the at-fault driver when the injuries meet the serious injury threshold under Florida Statute Section 627.737. This threshold requires that the injuries resulted in significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death.
When injuries cross this threshold, a lawsuit against the at-fault driver can recover damages that PIP does not cover, including pain and suffering, loss of enjoyment of life, and the full extent of economic losses beyond PIP limits.
Call (321) 254-3939 to discuss whether your injuries meet the serious injury threshold.
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How Is Fault Determined After a Car Accident in Melbourne?
Fault in a Florida car accident is determined by evaluating the conduct of all involved parties against the legal standard of reasonable care. Under Florida’s modified comparative fault law, which changed in 2023, an injured party can recover compensation as long as their share of fault is 50% or less. If a jury finds the injured party more than 50% responsible, they cannot recover.
Common factors that determine fault include whether a driver ran a red light or stop sign, was speeding, was distracted by a phone, failed to yield, was impaired by alcohol or drugs, or followed too closely. Evidence used to establish fault includes the police accident report, witness statements, traffic camera and dashcam footage, physical evidence at the scene, and in some cases accident reconstruction analysis.
An attorney gathers and preserves this evidence as quickly as possible after the accident, before it becomes unavailable.
What Types of Car Accident Cases Does Bogin, Munns & Munns Handle in Melbourne?
Our Melbourne car accident attorneys represent clients injured in a wide range of accident scenarios throughout Brevard County, including:
- Rear-end collisions
- Intersection crashes
- Head-on collisions
- Side-impact and T-bone accidents
- Distracted and texting-while-driving accidents
- Drunk and impaired driving accidents
- Hit-and-run accidents
- High-speed highway accidents on I-95 and US-192
- Multi-vehicle pileups
- Accidents involving commercial vehicles and rideshare drivers
If you were injured in a crash not listed here, contact us. We evaluate every case individually.
Melbourne Car Accident Lawyer Near Me
(855) 780-9986
What If the At-Fault Driver Was Uninsured or Underinsured?
Not every driver on Melbourne’s roads carries adequate insurance. When the at-fault driver has no insurance, or their coverage is insufficient to cover the full extent of your injuries, your own insurance policy may provide an additional source of recovery.
Uninsured Motorist coverage, known as UM coverage, and Underinsured Motorist coverage, known as UIM coverage, are optional coverages in Florida that you can add to your own auto policy. UM coverage pays when the at-fault driver has no insurance at all. UIM coverage pays when the at-fault driver’s liability limits are lower than the full value of your claim.
Florida does not require drivers to carry UM or UIM coverage, but insurers are required to offer it. Pursuing a UM or UIM claim follows a different process than a standard third-party liability claim. An attorney reviews your policy, identifies all available coverage, and pursues compensation from every applicable source.1
What Compensation Can a Melbourne Car Accident Victim Recover?
When a car accident results in serious injuries and meets Florida’s threshold for stepping outside the no-fault system, the full range of economic and non-economic damages is available.
What Economic Damages Are Available After a Car Accident?
Economic damages are the quantifiable financial losses the accident caused. They include past and future medical expenses for all treatment directly related to the accident, including emergency care, surgery, hospitalization, physical therapy, and any ongoing care that permanent injuries require.
They include lost wages from the time of the accident through recovery, and, for injuries that permanently limit your ability to work, the projected reduction in future earning capacity. Vehicle repair or replacement and other out-of-pocket expenses are also recoverable.
What Non-Economic Damages Apply to Car Accident Cases?
Non-economic damages address the human cost of the accident that does not appear on a bill. These include physical pain and suffering, mental anguish, loss of enjoyment of life, permanent disfigurement, and loss of consortium for the effect on your relationship with a spouse or partner.
In cases where the at-fault driver’s conduct was especially egregious, such as drunk driving or street racing, Florida law may allow punitive damages in addition to compensatory damages when the conduct rises to the level of gross negligence, meaning reckless disregard for the safety of others.
Call (321) 254-3939 to understand the full value of your Melbourne car accident claim.
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How Long Do You Have to File a Car Accident Claim in Florida?
Two years. Under Florida Statute Section 95.11, personal injury claims arising from car accidents must be filed within two years of the date of the accident. Florida reduced this deadline from four years to two years effective March 24, 2023.
For wrongful death claims arising from a fatal car accident in Brevard County, the same two-year deadline applies, running from the date of death. For hit-and-run accidents where the at-fault driver is never identified, UM claims are subject to the same two-year window.
Do not wait. The evidence that supports your case, including dashcam footage, witness recollections, and physical evidence at the scene, is most reliable immediately after the accident. An attorney acts quickly to preserve it.
What Should You Do After a Car Accident in Melbourne?
The steps you take in the hours and days after a crash affect both your health and your legal options.
Call law enforcement. A police report creates an official record of the accident, including the officer’s initial observations about fault and the conditions at the scene. In Florida, you are required to report accidents involving injury, death, or property damage above a certain threshold.
Seek medical attention. Even injuries that seem minor at the scene can develop into serious conditions. A medical evaluation documents the injuries connected to the accident and preserves your access to PIP benefits under the 14-day rule.
Document the scene if you are able. Photographs of the vehicles, road conditions, visible injuries, and the surrounding area provide evidence that may be unavailable later.
Do not discuss fault at the scene or on social media. Statements made at the scene can be used against you. Social media posts about the accident or your condition can also be used by insurance companies to challenge your claim.
Contact an attorney before accepting any settlement. Insurance companies often contact accident victims quickly with settlement offers. An offer made before your injuries are fully documented almost never reflects the full value of your claim.
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Why Melbourne Residents Choose Bogin, Munns & Munns for Car Accident Cases
Our team have represented personal injury clients in Melbourne and across Brevard County since 1979. Our Melbourne office at 7195 Murrell Rd, Suite 101, Melbourne, FL 32940 serves clients throughout the area, including Rockledge, Palm Bay, Viera, Titusville, and Cape Canaveral.
We handle car accident cases on a contingency fee basis. You pay no attorney’s fees unless we recover compensation for you. The initial consultation is free.
With more than 40 attorneys across our Florida offices, we have the resources to investigate crashes thoroughly, retain expert witnesses when needed, and take cases to trial when insurance companies refuse to negotiate fairly.
Talk to a Melbourne Car Accident Lawyer at Bogin, Munns & Munns
A serious car accident changes your daily life in ways that extend well beyond the moment of the crash. Medical treatment, lost income, insurance negotiations, and legal deadlines all arrive at once, often while you are still recovering.
We are ready to take the legal work off your plate. Free consultations. No fee unless we recover.
Call (321) 254-3939 or contact us online.
7195 Murrell Rd, Suite 101, Melbourne, FL 32940 | (321) 254-3939
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