I was ticketed and held at fault for a car accident, can I sue the other driver under FL personal injury law

Unless the police officer who issued the tickets saw the accident, the tickets are just his/her opinion, not a determination of who did wrong. However, if you pled guilty that will not help you.

Florida law provides that, provided you have PIP coverage, your insurance pay : "...
all reasonable expenses for necessary medical, surgical, x-ray, dental, and rehabilitative service, including prosthetic devices, and necessary ambulance, hospital, and nursing services." In addition, the cost of transportation incurred in connection with reasonable and necessary medical treatment and replacement services (things you cannot do for yourself becaues of your injury) is a reimbursable medical expense."

The limit for PIP and Medical Payments coverage is$10,000.). Your insurance company is also liable to cover you for the loss of your car or the damage to it, less your deductible if you have collision insurance. Then the insurance company may go after the other driver to recover what it expended if it thinks it has a basis to do so.

If you suffered bodily injury and if you can establish that the bodily injury resulted in: 1) significant and permanent loss of important bodily function; 2) permanent injury; 3) significant and permanent scarring or disfigurement; or 3) death, you are able to get around the no-fault law and sue the person who caused the injury.
Unless you have permanent injury or disfigurement

Your PIP coverage through your own insurance will pay 80% of your medical bills up to $10,000.00 as explained in the previous answer listed above. Your PIP benefits through your own policy apply regardless of who was at fault in the accident. If the other party was cited for speeding, then it may be a case of what is referred to as "comparative liability" or shared responsability for the accident. If this is the case, then the other party's insurance may agree to pay a percentage of your property damage and injury claim equal to the amount they believe was caused by the negligence of their insured. If you have not already done so, make sure you call your insurance company and explain to them your version of how the accident occurred, which may be very different from what the police officer put in his or her report. You also have the option of having your car repaired by your own insurance company (will will have to pay a deductable if you have one) and they can in turn attempt to get reimbursed by the other party's insurance.

You might also want to speak with an attorney that handles traffic tickets to discuss your options before you pay your ticket. Good luck...

Florida is a "no fault" state for the first 10,000 dollars of payment of medical bills. Under the low in Florida you are required to carry PIP coverage in that amount. Regardless of fault your carrier is responsible for the payment of 80% of the reasonable cost of your medical bills. If you also carried medical payments coverage the additional 20% will be picked up by your carrier. If you did not carry either one of these coverages, you may be entitled to collect that percentage of the bills that is equal to the percentage of fault of the other driver. There will, however, be an offset for the requried coverage (10,000).

In your case, since the officer ticketed you for the accident you are probably facing an uphill battle, unless you can find a very credible, independent eye witness who is willing to come forward and testify on your behalf. If such a witness exists you should fight your ticket and bring the witness to the hearing.

I hope this information helps.

Betsey Herd
Morgenstern & Herd
Tampa, Florida
813-597-3000

The liability of this accident, with respect to any insurance proceeds, will never be determined by the officer who wrote these tickets. Those tickets are only the first part of the analysis. It is not uncommon for the officer to get it wrong! It happens all the time - remember its not like the officer saw the accident - he or she is just doing there best.

If you feel that the other parties speeding or careless driving was more to blame or completely to blame - there is not provision in Florida Law that stops you from filing and maybe being successful in a personal injury action.

Just remember the Police Department does not work for the Insurance Company and vice versa. if this matter went to trial - the officer could never testify about who did or who did not get a ticket - the jury would decide for itself