Dealing with a car accident is stressful enough. Understanding how to handle settlement claims adds to this stress. How do you determine how much to ask for a settlement for a car accident in Miami? And what are the factors to consider when determining the car accident settlement? This guide will answer these questions to give you an idea of how to handle the situation in case you or someone you know is in this unfortunate situation. It’s better to be informed or discuss these matters with a car accident lawyer in Miami to protect your rights. 

 

How Much is the Average Settlement for a Car Accident in Miami?

Since Miami is ranked as one of the top cities in Florida regarding the number of car crashes, every Miami driver needs to know what to do in case of a car accident. The report shows an average of 60,000 car crashes in Miami annually as of November 2024. With approximately half of those involved in car crashes suffering from personal injury, knowing how much you can expect to receive during settlement is crucial to cover the medical expenses and repair of the damage to your car.

First, you should know the average car accident settlement in Miami. There is no specific amount, but the average range is from $10,000 to $60,000. The exact settlement amount will be determined based on various factors, such as the nature and severity of the car crash. On average, settlements for a car accident in Miami are around $15,000.

Knowing your rights and what amount you can receive is essential. According to the CDC, approximately 38,000 people die annually due to car crashes, resulting in $55 billion in damages annually. 

Understanding the average settlement amount in Miami empowers you when you find yourself in a similar situation. It gives you an idea of how much you can pursue and the various factors determining the settlement amount. Of course, working with a car accident lawyer in Miami gives you more confidence to navigate the complex legal system that governs these car accidents. But this amount should give you a ballpark figure to know how much to pursue and if it’s commensurate to the extent of your damage.

Injured woman talking to a car accident lawyer.

 

Factors Affecting the Settlement of Car Accidents in Miami

Several factors affect the settlement amount during a car accident in Miami. These factors can include but are not limited to the following, as every car accident case is different.

  • The severity of the injury or property damage – The more serious or life-altering the injury sustained, the higher the settlement amount. Some injuries require extensive medical care, so you would need a more significant settlement amount to cover the expenses. For example, a brain or spinal cord injury will be more costly to settle than minor cuts and bruises. 
  • Type of injury – The type of injury is another factor in determining your settlement amount following a car accident in Miami. The type of injury could be directly linked to a person’s source of living, which could result in a higher compensation requirement, even if it is not severe or life-threatening. 
  • Amount of property damage – Damage to the property or car could also directly affect the settlement amount during a car accident in Miami. It also accounts for any damage to public property during the crash. 
  • Individuals or parties involved – The more individuals and parties involved, the higher the settlement amount. You will consider the extent of injury for each affected party or individual. 
  • Insurance coverage – The insurance will cover part of the settlement claim. Still, it will only be based on the coverage and nature of the accident as agreed on the insurance policy. 

It is essential to know that before a settlement amount can be determined, you file a claim with your insurance provider. The car accident claim submitted to an insurance company won’t be enough to cover injuries or repair to your damaged car, especially if it’s a minor car crash or collision. Therefore, you need to seek a settlement with the offending party to cover the remainder of the medical or other expenses. 

In filing a claim during a car accident, you will encounter two common terms: economic and non-economic damages. Let’s discuss what these types of damages mean to inform you about your legal decisions in pursuant of your car accident settlement. 

Economic vs. Non-Economic Damages

Economic damage is a type of damage that results in financial losses to the victim directly because of the car accident. For example, economic damages include hospital or medical bills, property or car damage, and loss of earnings due to the inability to work because of injuries sustained. This damage type is easier to assess because there is a corresponding value to each and you can calculate the monetary losses accordingly.

On the other hand, non-economic damages are more challenging. It refers to damage that does not have a direct monetary value but is determined by the perceived value to the victim. Some examples of non-economic damages are trauma or anxiety due to a car accident. However, this factor is pivotal in determining the settlement amount for the car accident, and you can seek your attorney’s advice in determining the corresponding amount. 

Person cannot work due car accident injury.

 

Does Florida Have a No-Fault Policy?

Yes. Florida, like most other states, has a “no-fault policy.” This policy pertains to auto insurance, which means that all drivers in Miami must carry an insurance policy to use their coverage to pay for medical bills, lost wages, and other expenses involved in an auto accident. 

Even if the investigation determines that one party is at fault for the car accident, the one who is at fault is not obligated to cover the expenses.

Florida has implemented this law to facilitate faster compensation settlement for car crash victims. If settlements depended on an investigation of who’s to blame, it could take a while for the victims to receive compensation.

Since Florida is a no-fault state, all drivers must carry an insurance policy with up to $10,000 in personal injury protection and $10,000 in property damage liability. Any driver who does not have such insurance violates the state law. 

There are some exceptions to the no-fault law in Florida. Therefore, you should not worry about reckless drivers in Miami. The serious injury threshold in Florida enables your case to fall outside the no-fault system and file a liability claim. It means that you can file a liability claim depending on the type and severity of the injury. 

 

What to Do After a Car Accident in Miami

Now that you know about the no-fault policy and the average settlement amount in Miami, you should know the steps to take following a car accident. Determining the car accident settlement amount depends on information and evidence surrounding the case. 

The term “car accident” is broad as it could refer to a minor fender bender to a major crash resulting in serious injuries or fatalities. However, it could also impact the settlement amount. The less serious an injury or damage, the less the amount. 

There are specific steps to take following a car accident in Miami that could help with your settlement claim. 

Step 1: Seek Medical Help

Following a car accident, you should check yourself or other passengers for injury. If there are injuries sustained, you should immediately seek medical help. If you cannot do so, let people nearby or in your vicinity know to ask for medical assistance. 

A medical professional should examine your injuries and provide treatment to avoid worsening of those injuries. The medical team can also provide documentation for your injuries, which will be a form of evidence in filing a settlement for your car accident. You must disclose any symptoms to help the doctor or medical personnel for an accurate diagnosis. 

Step 2: Contact the Police

Aside from seeking medical help, you must also alert the police about the car accident in Miami. All Miami drivers are required to report any incident of a car crash in Miami under the Florida Statute section 316.065. You can report the incident to the local police department or the Florida highway patrol, especially if the incident costs more than $500 in damage or results in death or injury.

The police are helpful as they will investigate the incident and record details of the incident. They can write an official report of the car accident and will gather information on the scene. If the other driver involved in the accident is drunk, the police can test their Blood Alcohol Content (BAC) level. If their BAC exceeds the legal limit, it can boost your claim and maximize your settlement amount.

Step 3: Gather Evidence

If possible, you should take photographs of the incident to obtain evidence that could help your settlement claim. Take pictures of the damage to your car, your injuries, and other evidence that supports your case. 

Even though the police will gather evidence and take photos of the car accident scene, it’s crucial to have your photos as evidence of who’s at fault (especially if it’s the other driver). You can use the photos as evidence to demonstrate the severity of the damage and injuries caused.

Step 4: Gather Witnesses

Collecting evidence and photos of the car accident scene is important, but having witness accounts to support it can strengthen your settlement claim. If there are any witnesses on site, you can ask them for their contact information so they can give their accounts of the car accident as they witnessed it.

Your car accident lawyer in Miami can use witnesses’ names and contact information when building a case for your settlement claim.

Step 5: Contact Your Insurance Provider

Finally, you must alert your insurance provider about the car accident. Even if it’s a minor accident, you should not hesitate to inform your insurance provider. Some injuries are not immediately apparent and could become more serious after a few days. If you do not inform your insurance company, this could work against you because you wouldn’t be able to prove that the injury was due to the car accident.

If the other driver is at fault or the cause of the accident, you can seek compensation under their liability insurance coverage. However, if they are driving without insurance, you can use your own coverage to pay for the medical expenses and other costs. 

Step 6: Talk to Your Car Accident Lawyer in Miami

In addition to the police and the insurance company, you should inform your car accident lawyer in Miami about the incident. Your lawyer will be able to protect your rights and help you file a settlement claim against the other driver.

If you take care of the steps above, it should help your car accident lawyer build a strong settlement claim. They can use the evidence and eyewitness accounts to seek full compensation for your injuries or damage to your car. 

The experience and expertise of a car accident lawyer can guide you through the legal process. They will educate you about the laws that apply to your situation and recommend steps to enforcing your rights.

According to the National Safety Council, the average cost of a car crash with serious injuries is $162,000. Meanwhile, the national average for car accident settlement is $23,900. Therefore, any factor that could help your case and maximize financial recovery works to your advantage, so you no longer have to pay out of your own pockets. Even a minor accident in Miami could cost up to $10,000, which is a significant amount you shouldn’t have to pay for, especially if you’re not at fault. 

Consider these tips when you find yourself or someone you know in a car accident in Miami. Given the risks of car accidents in the city, it’s better to be prepared so you should know the best things to do.