Florida’s beaches, theme parks, and year-round sunshine attract millions of tourists each year. But when these visitors get into car accidents with Florida residents, things can get complicated, especially if you’re trying to file an insurance claim or lawsuit against someone who doesn’t live in the state.
If you’ve been injured in a crash caused by an out-of-state tourist, you might wonder: What does this mean for my insurance claim? What if the driver goes back home? Do I need a lawyer in their state or mine?
Let’s break it down.
Florida Has Jurisdiction, Even If the At-Fault Driver Lives Elsewhere
One of the most important legal concepts in these situations is jurisdiction, which is the court with the authority to hear your case.
If the accident happens in Florida, then Florida courts have jurisdiction, even if the at-fault driver is a tourist from another state. That’s because when someone drives on Florida roads, they’re subject to Florida’s traffic laws and legal system, even if they’re just visiting.
So yes, you can file a personal injury claim or lawsuit in Florida. You do not have to pursue compensation from the other driver in their home state.
Why Jurisdiction Matters
Jurisdiction can impact several aspects of your case:
- Which Laws Apply: Florida’s personal injury laws will apply to your case, including its no-fault rules, comparative negligence standard, and damage caps.
- Where You Can File: If you decide to sue the at-fault driver, you’ll likely do so in the Florida county where the crash happened.
- Legal Strategy: Filing in Florida courts gives you the advantage of working with a local Florida car crash lawyer who understands the state’s legal landscape and how to hold out-of-state defendants accountable.
Florida’s Long-Arm Statute Protects Crash Victims
You might worry that a tourist could simply leave the state and ignore your claim. Fortunately, Florida’s long-arm statute allows the state to exercise jurisdiction over non-residents who cause harm within Florida.
That means a tourist can still be sued in Florida for a crash, even if they return home. The court can serve them with legal notice in their home state, and if they ignore the claim, a default judgment may be entered against them.
Step-by-Step: How to File a Claim
If a tourist in Florida injures you in an auto accident, here’s how to start your claim:
1. Call Law Enforcement and Gather Evidence
Always call the police and get an accident report, especially if the other driver is from out of state. Collect contact information, insurance details, and photographs of the scene.
2. Seek Immediate Medical Attention
Your health comes first. Furthermore, under Florida’s no-fault insurance laws, you must seek medical care within 14 days to use your Personal Injury Protection (PIP) benefits.
3. Notify Your Insurance Company
Report the accident to your insurer, even if you weren’t at fault. Your PIP coverage will kick in first for your medical bills.
4. File a Claim Against the Tourist’s Insurance
If your injuries exceed what PIP covers, you may be eligible to pursue a third-party claim with the tourist’s insurance company. An experienced attorney can help locate their insurer and start the negotiation process on your behalf.
5. Consider a Lawsuit if Needed
If the insurer refuses to offer fair compensation, your next step may be to file a personal injury lawsuit in Florida. A Florida car crash lawyer can help you determine if this is the right move and handle serving the non-resident defendant.
Challenges With Out-of-State Defendants
While Florida law allows you to sue a tourist here for accidents they cause, out-of-state cases often require additional work:
- Serving legal papers in another state may take time.
- Insurance policies from other states may differ in minimum coverage.
- Coordinating with insurance adjusters and attorneys across state lines can slow the process.
That’s why working with an experienced Florida car crash lawyer is essential. Your attorney will know how to navigate the jurisdictional issues, negotiate with the tourist’s insurance provider, and take legal action if needed.
Injured in a Florida Crash With an Out-of-State Driver? We Can Help.
At Aigen Injury Law, we know how to handle the complexities of accidents involving tourists and out-of-state drivers. If you’ve been hurt in a Florida crash, don’t wait for the at-fault driver to head home and disappear.
Call our experienced Florida car crash lawyers today for a free consultation. We help you file your claim, fight for compensation, and hold the responsible party accountable, no matter where they live.