The following article will cover:
- Major changes to Florida’s fault system: The state shifted to a 50/50 system, impacting how damages are awarded in personal injury cases.
- Adjustment to the statute of limitations: How urgency has been added to the process by reducing the time frame to file a personal injury claim from four years to two.
- The determination of liability in rideshare accidents involving multiple parties, including the rideshare company’s insurance, the driver’s insurance, and other parties’ insurance.
What Are The Major 2023 Law Changes Related To Personal Injury Cases? Will These Changes Impact Rideshare Personal Injury Accident Claims?
There are two critical changes to note regarding personal injury cases enacted in 2023:
- A shift in Florida’s fault system: The state has moved away from a pure comparative fault system to a more balanced 50/50 system. Previously, if you could establish even 1% fault on the part of the defendant, you were entitled to recover damages. However, the new law stipulates that if you are more than 50% at fault, recovery of damages is not possible.
- An adjustment to the statute of limitations: Previously, claimants had up to four years to file a personal injury claim. The 2023 reforms reduce this time frame to two years.
These alterations could significantly impact personal injury claims, particularly for those involving rideshare accidents. The adjustment to a 50/50 fault system could influence how damages are awarded, and the shortened time frame for filing a claim adds additional urgency to the process.
To assist our clients in navigating these changes, we developed a free application called “Tell Robert”. This tool can help clients keep track of crucial details, particularly those related to the timeline of their treatment.
Utilizing The Tell Robert App For Personal Injury Cases
This comprehensive application offers a variety of features to aid in your injury case management:
- A Daily Journal feature to document your feelings, therapy sessions, and more. This information goes directly to your case manager to help keep your file up-to-date, providing a holistic view of what you are dealing with daily.
- A unique identifier, either your name or a unique file number, to associate your inputted information with your case.
- Easy downloadability, even for non-clients. If you’re involved in an accident, you can quickly download the Tell Robert app and start logging crucial information, such as the identity of the other party, fault determination, and damages to your vehicle. The app even lets you archive photos of the accident.
What Is The Statute Of Limitations On Filing A Rideshare Personal Injury Accident Claim In Florida As Of 2023?
As of 2023, the statute of limitations for filing a rideshare personal injury accident claim in Florida has been reduced from four years to two.
How Does That Affect Any Existing Cases?
The new regulation has introduced ambiguity into pre-existing cases. The legal community is currently grappling with the question of retroactivity for cases filed before March 2023. Some argue that the reduced statute of limitations should not apply to these cases, while others believe the two-year rule should be enforced. This matter is still under debate, and for the time being, it remains a gray area.
How Does Liability Differ Between A Rideshare Company, The Driver And Other Parties Who Are Involved In An Accident In Florida?
The determination of liability in rideshare accidents can involve multiple parties, each carrying their own responsibilities:
- The rideshare company’s insurance: If you’re in a rideshare and the driver is at fault, you can claim damages from the rideshare company’s insurance policy.
- The driver’s insurance: The driver involved in the accident is responsible if they are at fault. You may claim damages from the driver’s personal insurance, if available.
- The other party’s insurance: If you’re in a rideshare and the other party is at fault, your recovery depends on whether that driver carries bodily injury coverage. In the absence of such coverage, you would use your personal Uninsured or Underinsured Motorist (UM) coverage.
Please note that rideshare companies no longer carry UM insurance. Therefore, it’s crucial to maintain your own UM coverage, as it travels with you, not your vehicle, even though it’s attached to your vehicle’s insurance policy.
For more information on Understanding Rideshare Accidents and Florida Laws, a FREE initial consultation is your next best step. Get the information and legal answers you are seeking by calling Fenstersheib Law Group, 24/7 at (800) 835-5762 today.
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