In most cases, seeking just compensation for an auto accident in Florida involves filing an auto insurance claim. Typically, you will be dealing with either the other driver’s insurance company or your own, and the amount you can recover will be limited by the amount of coverage that is available.

But, this isn’t always the case.

Sometimes, auto accident victims can file claims under Florida’s third-party liability laws. These laws allow accident victims to recover just compensation from parties that were not directly involved in their collisions. Due to the complexities involved, if you have a third-party claim, it will be especially important to have an experienced Florida accident lawyer on your side.

What is a “Third Party”?

In the context of an auto accident, a “third party” is any person or company that played a role in causing the accident even though it was not directly involved. Third parties can include drivers’ employers, rideshare companies, road construction contractors, bars and other establishments, vehicle manufacturers, dealerships, and even government agencies.

While third-party claims are less common than claims against negligent drivers, they aren’t as uncommon as you might think. As a result, if you were involved in an auto accident and you believe that your injuries may have resulted from something other than (or in addition to) driver negligence, it will be well worth talking to a Florida accident lawyer about all of the options you have available.

When Can You File a Third-Party Liability Claim?

In Florida auto accident cases, third parties can be held liable based on negligence, strict liability or vicarious liability. The type of third-party claim you need to file—and the types of evidence you need to prove your legal rights—will depend on the specific circumstances involved in your collision. With this in mind, some examples of potential third-party liability claims include claims against:

• The Other Driver’s Employer or Rideshare Company – Employers and rideshare companies can be held liable for negligently hiring or approving unqualified drivers. Employers can also be held vicariously liable for their employees’ negligence under Florida law. This means that if the driver who hit you was working at the time of the accident, you may have a claim under his or her employer’s or rideshare company’s insurance policy—which likely provides much more coverage than any auto insurance coverage that may be available.
• Bars and Other Establishments – Bars and other establishments can be held liable for drunk driving accidents in limited circumstances. Specifically, under Florida’s dram shop law, establishments can face third-party liability claims if they either: (i) willfully sell alcohol to someone who is under 21; or, (ii) willfully sell alcohol to someone who is “habitually addicted to the use of any or all alcoholic beverages.”
• Repair Shops and Dealerships – Vehicle repair shops and dealerships can face third-party liability claims for auto accidents when they perform negligent service work on customers’ vehicles. For example, if the driver who hit you lost control because his or her brakes failed, you could have a third-party claim against the repair shop or dealership that performed the driver’s brake job.
• Vehicle Manufacturers – Vehicle manufacturers can be held liable for auto accidents that result from vehicle defects. They can also be held liable when accident victims’ injuries result from vehicle defects (i.e., in the case of a defective airbag). Under Florida’s “strict liability” laws, proof of negligence is not required to pursue a third-party liability claim based on a vehicle defect.
• Government Agencies and Contractors – Government agencies and contractors can face third-party liability claims when road-related issues cause (or contribute to causing) serious auto accidents. These issues can include everything from negligent road construction to establishing dangerous road construction zones. However, third-party liability claims against government agencies are subject to special rules (including strict deadlines), so to protect your legal rights you will need to speak with a Florida accident lawyer right away.

These are some of the most common examples of third-party liability claims in Florida auto accidents. They are not the only types of third-party liability claims you may be able to file. When you hire a Florida accident lawyer to represent you, your lawyer should evaluate all potential claims, and your lawyer should ensure that he or she is seeking to hold all appropriate parties accountable for your accident-related losses.

How Do You File a Third-Party Liability Claim?

Let’s say you have a third-party liability claim for an auto accident in Florida. What do you need to do to assert your legal rights effectively? To maximize your chances of recovering just compensation, you should:

1. Hire a Florida Accident Lawyer Right Away

Any time you need to seek financial compensation for an auto accident in Florida, it is important to hire a lawyer right away. But, as we mentioned above, this is especially important if you think you may have a liability claim against a third party.

2. Take Care of Your Medical Needs

Protecting your health will also help protect your legal rights. With this in mind, you should take care of your medical needs as soon after your auto accident as possible.

3. Keep Any Evidence You Have in Your Possession

If you have photos, videos, a copy of the police report or any other evidence from your accident, you should keep these to share with your Florida accident lawyer.

4. Follow Your Doctor’s and Lawyer’s Advice

As you work to move on from your auto accident, you should carefully follow your doctor’s and lawyer’s advice. If you ignore their advice and make mistakes, this could jeopardize your claim for just compensation.

5. Rely on Your Lawyer to Seek Just Compensation on Your Behalf

Finally, you should rely on your lawyer to seek just compensation on your behalf. Filing a successful third-party liability claim isn’t easy, and the process takes time. If you let your lawyer do his or her job, this will help to maximize your chances of recovering the full compensation you deserve.

Do You Have a Third-Party Liability Claim? Speak with a Florida Accident Lawyer Today

If you have questions about filing a third-party liability claim after an auto accident in Florida, we encourage you to contact us promptly. To speak with a Florida accident lawyer at Searcy Denney for free, call 800-780-8607 or request a consultation online today.

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