From a fender-bender on US-27 to a serious crash on I-75 or the Florida Turnpike, our Central Florida auto accident lawyers handle the insurance maze so you can focus on healing. Two offices in Clermont and The Villages.
If you’ve been hurt in a auto crash anywhere in Lake, Sumter, Marion, Orange, or Polk County, BCN Law Firm represents injured drivers, passengers, motorcyclists, and pedestrians in claims against at-fault drivers and insurance carriers.
We handle Florida Personal Injury Protection (PIP) claims, bodily injury (BI) liability claims against the at-fault driver, uninsured and underinsured motorist (UM/UIM) claims, and bad-faith disputes when carriers deny or underpay. We work on contingency and you owe nothing unless we recover compensation. Most consultations happen within 24 hours by phone, video, or at our Clermont or The Villages offices.
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The first 72 hours after a crash matter more than people realize. Florida’s no-fault rules, the 14-day medical deadline, and how insurance carriers build their files all turn on what you do (and don’t do) in those first three days.
Different crashes turn on different evidence. Here’s how we approach the most common categories.
Florida’s auto insurance system is one of the most complicated in the country. Here’s the plain-English version of how a Florida auto accident actually gets paid and why most people are surprised when they learn the rules.
Every Florida driver must carry $10,000 in Personal Injury Protection (PIP). PIP pays 80% of medical bills and 60% of lost wages, regardless of who caused the crash, up to that $10,000 limit. PIP is the first source of payment for medical care after almost any Florida crash. Two catches: you must seek medical care within 14 days, and PIP rarely covers serious injuries in full.
In Florida, you cannot sue the at-fault driver for pain and suffering or other non-economic damages from a typical car crash unless your injury meets the no-fault threshold. That means: significant scarring or disfigurement, permanent injury within a reasonable degree of medical probability, permanent loss of an important bodily function, or death. Whether your injuries cross that line is one of the most fought-over questions in Florida auto cases, and it’s why proper medical documentation matters so much.
Once you cross the threshold, you can pursue the at-fault driver’s bodily injury liability coverage. Here’s the surprise: Florida does not require drivers to carry BI coverage. About 20% of Florida drivers carry zero BI insurance, and many of the rest carry only the minimum. If the at-fault driver has no BI or limited BI, your recovery may be capped by their policy, unless your own UM/UIM coverage steps in.
Uninsured Motorist and Underinsured Motorist coverage is optional in Florida, and arguably the most important coverage you can carry. UM pays when the at-fault driver has no BI insurance. UIM pays when the at-fault driver’s BI coverage is exhausted. In a state where 1 in 5 drivers is uninsured, UM/UIM is what protects you from the worst-case scenario. If you carry it, we pursue it. If you stacked it (“stacked” UM multiplies your coverage by the number of vehicles on your policy), we pursue every layer.
MedPay is optional supplemental coverage that pays medical costs not covered by PIP, regardless of fault. Health insurance can also pay, though Florida law gives most health insurers a right of subrogation, and they get paid back out of your settlement. We coordinate with your health carrier and Medicare/Medicaid to negotiate those liens down where possible.
If your own insurance carrier delays, denies, or undervalues a legitimate claim, Florida’s bad-faith statute (§ 624.155) may give you a separate cause of action and exposure beyond policy limits. We pursue bad-faith claims when the facts support it.
Insurance carriers love to argue that auto-accident injuries are “minor” or “pre-existing.” Most aren’t. Here are the injuries we see most often, and why proper documentation early matters so much.
If you’ve been injured in an auto accident, contact BCN Law Firm today for a free consultation. We will review your case, answer your questions, and help you determine the best course of action to pursue compensation.
Fault in a Florida auto accident isn’t decided by the police, though the crash report is heavily relied on. Fault is ultimately decided by the insurance carriers (in the negotiation phase) and, if the case is filed, by a judge or jury at trial. The evidence we pull and how we frame it directly shape that determination.
Florida used to allow injured drivers to recover even if they were mostly at fault. That changed in March 2023. Under the current rule, you cannot recover any damages if you are found more than 50% at fault. If you’re 50% or less at fault, your recovery is reduced by your percentage of blame. Carriers know this, and they aggressively argue your share of fault. Keeping your share below 50% is often the entire ballgame.
There is no settlement calculator that will tell you what your case is worth. Anyone giving you a number on day one, without seeing your medical records, your wage records, the at-fault driver’s insurance limits, or your own UM/UIM coverage, is guessing. Cases generally turn on three categories of damages.
Why is the first offer rarely the final number? Carriers’ first offers in Central Florida auto accident cases routinely come in at a fraction of the eventual settlement. Their adjusters are paid to close cases cheaply. Your job (and ours) is to build the file (medical, vocational, expert) until the claim is documented at full value.
Most auto accident cases settle without trial. Here’s the typical path with us, including the timing for the Lake and Sumter County circuit courts, where many of our cases are litigated.
Legal Team Ready to Fight for Your Rights
Wade Boyette, J.D., LLM, was born in Estill, South Carolina, in 1967 and has been a prominent figure in Lake County since 1994.
Heath B. Nailos, J.D. was born in 1969 in Atlanta, Georgia, and has resided in Florida since 1978. He received his B.A. in History from the University of South Florida in 1992 and his J.D. Degree from Stetson University College of Law in 1995.
Mrs. Nailos has practiced law in Central Florida since 1996, and is a member of The Florida Bar, and the Lake County Bar Association and is admitted to practice in the Middle District of Florida and all State Courts in Florida.
Ken Costello is an associate at Boyette, Cummins & Nailos, PLLC. His practice focuses on real estate, civil litigation, bankruptcy, debt defense, estate planning and probate.
Ms. Bottex earned a Bachelor of Arts degree in Business Administration from Stetson University and Master of Arts degree in Human Resources Development from Webster University.
Was born in 1938 in Louisville, Kentucky. He received his Bachelor of Science in Business Administration from the University of Alabama in 1963 and a J.D. Degree from the University of Alabama in 1967.
Travis J. Stulz is a seasoned Florida personal-injury attorney representing clients across Central Florida, including Orlando, Winter Garden, Clermont, Ocoee, and The Villages.
Our Clients Appreciate Our Dedication and Expertise
The questions we hear most often after a Florida auto crash. If yours isn’t here, call us.
For crashes occurring on or after March 24, 2023, you generally have two years from the date of the crash to file a personal injury lawsuit. For crashes before that date, the deadline is typically four years. Wrongful death claims also have a two-year deadline. Claims against government vehicles or agencies have shorter notice deadlines and special rules; call as soon as possible.
Florida law requires you to seek initial medical care within 14 days of a motor vehicle accident to access your $10,000 in Personal Injury Protection (PIP) benefits. If you wait more than 14 days, you forfeit those PIP benefits entirely, even if your injuries develop later. This is one of the most expensive mistakes Florida crash victims make.
Yes (at least at first). Florida is a no-fault state for medical bills and lost wages, which means your own PIP coverage pays first regardless of fault, up to $10,000. Once your injuries cross Florida’s no-fault threshold, you can pursue the at-fault driver’s bodily injury (BI) coverage.
Florida law prohibits carriers from raising your rates solely because you filed a claim for an accident that wasn’t your fault. Carriers do sometimes try anyway. If your rates go up after a not-at-fault claim, document it and ask us to review.
No. You are not legally required to, and recorded statements are routinely used to undercut your claim. Politely decline and refer them to your attorney, or simply state you decline at this time. (Your own insurance carrier is different; you generally owe them prompt notice and basic cooperation.)
About 1 in 5 Florida drivers carries no bodily injury (BI) insurance, and Florida does not require BI coverage. If the at-fault driver is uninsured or under-insured, your own Uninsured/Underinsured Motorist (UM/UIM) coverage steps in (if you carry it). Check your policy declarations page. If you don’t have UM/UIM, your options are limited, but not always zero.
Passengers are usually in a strong position. You can typically pursue PIP through the vehicle you were in, BI from any at-fault driver (including the driver of your own vehicle if they were partially at fault), and UM/UIM through any household policy or the host vehicle’s policy. We sort out which coverages apply.
Probably not. The vast majority of Florida car accident cases settle without trial. We file suit when carriers refuse to pay fair value, but even most filed cases settle before trial. We try the ones we have to.
Nothing up front. We work on contingency: you pay no fee unless we recover compensation, and we advance case expenses (records, expert fees, filing fees). If we recover, our fee is a percentage of the recovery and case costs are reimbursed from the settlement. If we don’t recover, you owe nothing.
You can still recover. Florida applies the “eggshell plaintiff” rule: a defendant takes the victim as they find them. If a crash aggravated a pre-existing back or neck condition, the at-fault party is responsible for the aggravation. Document your pre-crash status clearly so the comparison is unmistakable.
Under Florida’s modified comparative negligence rule (effective 2023), you can still recover if you are 50% or less at fault. Your damages are reduced by your percentage of fault. If you are more than 50% at fault, you cannot recover. Carriers aggressively argue your share of fault; that’s where having an attorney matters most.
Anywhere from a few months for clear-liability soft-tissue cases to two-plus years for serious injuries that go through trial. Most cases settle in 6–18 months once medical treatment stabilizes. Cases involving disputed liability, multiple parties, or significant injuries take longer.
Two offices, five counties, and clients across the I-75 and Florida Turnpike corridors. If you’ve been injured anywhere in Central Florida (or anywhere across the state of Florida), we’ll come to you when you can’t come to us.
Clermont, Leesburg, Tavares, Mount Dora, Eustis, Minneola, Groveland, Mascotte, Howey-in-the-Hills
The Villages, Wildwood, Bushnell, Sumterville, Coleman, Center Hill, Webster
Ocala, Belleview, Summerfield, Dunnellon
Orlando, Winter Garden, Apopka, Ocoee
Lakeland, Davenport, Haines City, Winter Haven
