Yes, you can sue if you get into an accident while driving with a suspended driver’s license. You can sue if another driver caused the crash or is at least 50% responsible. You can still pursue a claim for personal injury even though you were driving with a suspended or revoked driver’s license. The fact that your license was not valid at the time of the accident does not prevent you from seeking compensation from the at-fault driver. Do not let an insurance adjuster tell you otherwise.
If you are involved in an accident while driving with a suspended or revoked driver’s license, you will likely receive a citation for breaking the law. However, you will not be cited for causing the accident unless you caused the accident to happen.
It does not matter whether your license was valid or suspended at the time of the accident to determine who was at fault. The only driver at fault for an accident is the one who caused the accident.
For example, if you are driving a car with a suspended license and are rear-ended at a red light, the driver who rear-ended your vehicle will be at fault. It does not matter that you did not have a valid driver’s license then. However, you will likely still receive a citation for driving with a suspended license even though the accident was not your fault.
Understanding Liability in Florida
In Florida, modified comparative negligence is crucial in personal injury lawsuits. This principle determines both the viability of your case and the potential compensation you can receive.
How does modified comparative negligence affect your car accident claim? Under the new laws, you cannot file a lawsuit or seek compensation if you are more than 50% responsible for the accident.
What happens if you’re partly to blame for the accident? If you are partially at fault for your own injury, your compensation is adjusted accordingly. For instance, if you are found to be 30% responsible for an accident, your compensation will be reduced by 30%.
Even if you were driving with a suspended license, you’ll still be able to sue the at-fault driver if you’re less than 50% to blame for the accident.
Florida’s No-Fault Laws
Even if someone else caused the accident, it doesn’t mean you’ll be able to sue. Florida is a no-fault state. Injured accident victims must first turn to their Personal Injury Protection (PIP) insurance to help them pay a portion of their medical expenses and lost wages.
Florida’s no-fault laws require drivers to carry Personal Injury Protection (PIP) insurance. This covers medical expenses and lost wages, regardless of who caused the accident. PIP typically covers 80% of medical expenses and 60% of lost wages, up to a limit of $10,000.
Certain criteria must be met before you can sue for additional damages in Florida. This usually involves injuries that are considered serious under state law. You can step outside the no-fault system and file a lawsuit if you suffer a serious injury. This includes significant and permanent loss of bodily function, permanent injury, significant and permanent scarring or disfigurement, or death.
If your injuries meet the serious injury threshold, you may sue for both economic and non-economic damages, like pain and suffering, which PIP does not cover.
If your injuries are serious, driving on a suspended or revoked license will not affect your ability to step outside of the no-fault system. You can still sue if you qualify, even with a suspended license.
Will My Suspended License Affect the Value of My Personal Injury Claim?
It’s a common concern to wonder if having a suspended license at the time of a car accident will affect the value of a personal injury claim in Florida. Here’s what you need to know:
The status of your driver’s license, whether valid or suspended, does not directly affect the value of your personal injury claim. Compensation in personal injury cases is calculated based on factors like the extent of your injuries, medical expenses, lost wages, and pain and suffering.
Key factors influencing the value of your claim include:
- The severity of your injuries
- Cost of medical treatment
- Impact on your ability to work
- Long-term consequences of the injuries
- Non-economic damages like pain and suffering
Driving with a suspended license is a separate legal issue. While it could lead to criminal charges, fines, or other penalties, this differs from your personal injury claim.
Given the complexities of personal injury law in Florida, consult with an experienced Florida car accident lawyer. They can provide guidance specific to your situation, especially if you were driving with a suspended license at the time of the accident.
Will Insurance Cover the Accident if My License Was Suspended?
Yes, your insurance company will still provide coverage if you are involved in an accident while driving with a suspended license, so long as the policy is still in good standing. However, auto insurance companies will typically cancel, suspend, or refuse to renew your insurance coverage once they learn that your driver’s license has been suspended. This action by the insurer can occur post-accident or during the policy period.
Additionally, the other driver’s insurance company is still required to provide coverage regardless of whether your license was valid, revoked, or suspended.
Getting into an accident while your license is suspended can impact future insurance premiums and coverage. Insurers may view you as a high-risk driver, leading to higher premiums or difficulty obtaining coverage.
Contact Our Florida Car Accident Lawyers Today
At Prosper Shaked Accident Injury Attorneys PA, we have represented numerous clients involved in accidents while driving with suspended licenses.
We find that many individuals don’t even realize that they can still pursue a personal injury case following an accident where they received a citation for a suspended or invalid driver’s license. Most people assume they were at fault for the accident because they were driving with a suspended license. We have proven time and time again that is not the case. The only thing that matters is how the accident happened.
We offer free consultations and second opinions for individuals with an attorney. Most importantly, you don’t pay us until we win your case. Call (305) 694-2676 for a free consultation to speak with Prosper Shaked today.