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Do I Need a Florida Lawyer If I’m in a Car Accident in Miami But Live Out of State?
Miami is one of the busiest cities in Florida, welcoming millions of visitors each year for its beaches, nightlife, cruise port, and cultural attractions. With so many tourists renting cars, using Uber and Lyft, or simply driving through the city, car accidents are unfortunately common. If you were injured in a crash while visiting Miami but live in another state, you may be wondering whether you need a Miami car accident lawyer to help with your claim.
The short answer: most people do need a Florida lawyer to handle their case if the accident happened in Miami. Florida law generally controls how claims are filed, which courts have jurisdiction, and which insurance rules apply. Below we’ll walk through why this is the case, what challenges out-of-state victims face, and how working with a Florida attorney can help.
Florida Law Applies to Accidents That Happen in Miami
One of the most important points to understand is that car accidents are governed by the laws of the state where they occur. If your crash happened in Miami, even if you live in New York, New Jersey, Texas, or anywhere else, Florida law will typically control your case.
This means it is possible that:
- Florida’s statute of limitations applies. Most car accident cases in Florida must be filed within two years.
- Florida’s no-fault insurance law applies. All drivers are required to carry Personal Injury Protection (PIP), which covers certain medical expenses regardless of fault.
- Florida’s court system will likely be where your case is filed. If you try to file in your home state, the case could be dismissed for lack of jurisdiction.
Insurance Complications for Tourists
Car accidents involving out-of-state visitors often bring unique insurance issues:
- Rental cars – If you rented a car in Miami, coverage could involve the rental company’s insurance, your personal auto policy from home, and possibly your credit card.
- Out-of-state auto insurance – Your home-state policy may still cover you, but Florida’s laws will dictate how claims are handled.
- Rideshares – If you were injured in an Uber or Lyft accident, those companies carry specific insurance policies that may apply under Florida law.
- Medical bills – Florida’s PIP system may overlap with your health insurance, creating confusion about who pays first.
A Florida attorney can sort through these layers and help determine which policies apply.
Why Out-of-State Victims Often Need a Florida Lawyer
Even if you plan to return home after your vacation, a Florida lawyer can be essential for:
- Filing in the correct court – Florida cases are typically handled in Miami-Dade County Circuit Court, or sometimes federal court in the Southern District of Florida.
- Handling Florida’s no-fault threshold – To bring certain injury claims, your injuries must meet specific criteria under state law.
- Communicating with insurers – Insurance companies may take advantage of out-of-state tourists who don’t understand Florida’s system.
- Managing logistics – A local attorney can attend hearings, depositions, and mediations on your behalf so you don’t have to fly back frequently.
Without a Florida lawyer, you risk missing deadlines or filing incorrectly, which could harm your ability to recover compensation.
What Compensation Could You Recover?
If you were hurt in a Miami car accident, you may be entitled to damages such as:
- Medical expenses, including ER visits, hospitalization, and rehabilitation.
- Future treatment costs for ongoing injuries.
- Lost wages if you missed work.
- Reduced earning potential if your injuries affect your career.
- Pain and suffering.
- Emotional distress.
- Wrongful death damages, if the accident caused the death of a loved one.
The value of your case will depend on the facts of the crash, the extent of your injuries, and which insurance policies are available.
Steps to Take After a Miami Car Accident
If you are an out-of-state tourist injured in a Miami crash, here are a few important steps:
- Call the police – Get an official accident report from Miami-Dade Police or the City of Miami Police.
- Seek medical care – Visit a local hospital such as Jackson Memorial, Baptist Health, or Mount Sinai. Medical records are key to your claim.
- Document everything – Keep photos, witness information, and copies of your rental contract if applicable.
- Report to your insurance – Notify your auto insurer back home, but avoid giving detailed statements until you consult an attorney.
- Contact a Florida lawyer – They can guide you on whether you have a claim and how to pursue it under Florida law.
Frequently Asked Questions
Can I hire a lawyer from my home state to handle my Miami car accident?
Usually not. Lawyers outside Florida may not be licensed to practice here and cannot file your lawsuit in Florida courts.
What if my injuries didn’t seem serious at first but got worse later?
You may still have a claim if you act within Florida’s two-year statute of limitations. Delayed injuries are common.
Do I need to travel back to Florida for my case?
Often no. Many cases can be resolved through your attorney without you having to return, especially if they settle before trial.
How much does it cost to hire a Miami car accident lawyer?
At the Law Offices of Jason Turchin, we work on contingency. That means you pay no fees or costs unless we win or settle your case.
Contact a Miami Car Accident Lawyer
If you live out of state but were injured in a car accident while visiting Miami, you may still have strong rights under Florida law. A Florida-based attorney can help guide you through the process and pursue compensation for your injuries. Call the Law Offices of Jason Turchin today at 800-337-7755 or connect with us through our live chat for a free consultation.