The claim process between a regular accident and one involving a Florida State agency or municipality is very similar. As a south Florida Personal Injury attorney I have seen many clients assume that dealing with the State will produce lesser results than dealing with a private insurer. That simply is not the case.
The State of Florida has waived its immunity to injury claims up to $100,000 per person and $200,000 per accident. The State of Florida waived its tort immunity in Section 768.28 of the Florida Statutes which states in part;
“In accordance with s. 13, Art. X of the State Constitution, the state, for itself and for its agencies or subdivisions, hereby waives sovereign immunity for liability for torts, but only to the extent specified in this act…Neither the state nor its agencies or subdivisions shall be liable to pay a claim or a judgment by any one person which exceeds the sum of $100,000 or any claim or judgment, or portions thereof, which, when totaled with all other claims or judgments paid by the state or its agencies or subdivisions arising out of the same incident or occurrence, exceeds the sum of $200,000.”
A $100,000 dollar limit may not seem like much on its face. However, compared to many private policy limits on the road this is not bad. For example, many drivers on the road do not carry bodily injury coverage. This means that their insurance will cover $0 for your bodily harm. Many other drivers carry policies with limits of $10,000 or $25,000. Indeed, very few have bodily injury coverage of $100,000 or above.
There are some very rare instances in which the State will allow a judgment beyond $100,000 through a claims bill passed by the legislature. Again, this is extremely rare. If you are involved in a Florida State or municipality car accident your claim will most likely be limited to the $100,000 waiver.
Should you have any questions about an accident with a Florida State entity or municipality please do not hesitate to contact us at 305.764.9907 or 1.888.413.8353.