The Miami Car Accident Lawyer, Jonathan Perazzo, knows that in Florida, a person hurt when a vehicle crashes into a business may be able to bring a negligence claim if a driver’s negligence caused the injury, generally within two years under Fla. Stat. § 95.11(5)(a). A business owner may have a property-damage claim too. The baseline coverage in Fla. Stat. § 324.022 is modest, so it helps to learn early what insurance exists. A car accident lawyer can help with that. Call 888-PERAZZO ((888) 737-2996).
What NBC6 reported
The Perazzo Law Firm has learned, according to NBC6, that a pickup truck went through the front of the Kwik Stop convenience store at 727 NW 111th Street in northwest Miami-Dade on Tuesday evening, after 6:15 p.m.
- The Miami-Dade Sheriff’s Office says the driver hit the wrong pedal and accelerated into the store, NBC6 reports. That is deputies’ account, not a finding of legal fault.
- At least five people were inside, and the driver was taken to the hospital, according to NBC6.
- NBC6 reports that a 45-year-old woman was injured after a video poker machine was knocked over, and video shows her leaving on a stretcher.
- Store owner MD Hasan estimated the damage at $30,000 to $45,000 and said the store will feel the impact for at least the next week, per NBC6.
NBC6 also notes that it is unclear whether the driver will face charges. As a general principle, a civil claim and a criminal case are separate proceedings.
Injured customers: a negligence claim and a two-year clock
A claim that someone’s careless driving caused injury is a negligence action. Florida’s statute of limitations, § 95.11(5)(a), sets two years for “an action founded on negligence.” Whether anyone was negligent here is a question for the facts. Acting early can help preserve evidence such as video and witness details.
Florida’s comparative-fault rule, § 768.81(6), bars recovery in most negligence actions for a claimant found greater than 50 percent at fault for their own harm. How it applies depends on the facts of each person’s claim.
Ask early what insurance exists
The state’s financial responsibility law, § 324.022, sets a $10,000 per-crash property-damage requirement. Subsection (1) also allows an alternative: a policy of at least $30,000 combined for property damage and bodily injury. The reports do not say what coverage this driver carries.
An injured person’s own policy may help. Under § 627.727, a policy that provides bodily injury liability coverage must also include uninsured motorist coverage unless the named insured rejects it in writing. Check your policy and ask your insurer.
The store owner’s losses
As a general matter, an owner with building and stock damage may have a claim against a responsible driver, and may also have coverage under the owner’s own commercial property policy. Mr. Hasan’s estimate, as NBC6 reported, is higher than the $10,000 property-damage figure in § 324.022. Whether other coverage fills the gap depends on policies we have not seen.
Frequently asked questions
How long do I have to file an injury claim after a car crashes into a store?
For a negligence claim, Florida generally allows two years under § 95.11(5)(a). Specific facts can change that, so confirm your deadline early.
What insurance must a Florida driver carry?
A car accident lawyer in Florida, knows that under § 324.022(1), the baseline is $10,000 of property-damage coverage, or a $30,000 combined property-damage and bodily-injury policy. Ask what the driver actually carries.
Can my own insurance help if the driver has little or no coverage?
Possibly. Section 627.727 addresses uninsured motorist coverage, and your policy terms control.
Talk to us
If you were hurt in a crash like this, or your business was damaged, call 888-PERAZZO or request a free case evaluation. We serve Miami and the surrounding area. No attorney’s fee unless we recover for you. For another look at the process, see our Florida car accident claims overview.
This is general information, not legal advice, and reading it does not create an attorney-client relationship.
Personal Injury Accident Lawyer in Miami Advertising. The Perazzo Law Firm; Jonathan Perazzo, Esq. is the attorney responsible for this content. Bona fide offices in North Miami Beach, FL and Atlanta, GA. Past results do not guarantee a similar outcome.
