Naples St. Matthews Thrift Store Car Crash: What Happens When a Vehicle Crashes Into a Building?

The tragic story of driver allegedly deliberately driving his car into the St. Matthews House Thrift Store yesterday has sparked outrage and anger for many Naples residents. Why Donald Peyton-Lee Russell Jr. drove his car into this business, injuring least 5 people raises many questions about why these accidents happens and how you can protect yourself.

Alarmingly, over 60 vehicles crash into buildings every day across the United States, with restaurants and retail stores accounting for 43 percent of these collisions and causing more than $300 million in damages annually. Understanding Florida car accident law becomes crucial when dealing with these complex incidents, especially given the state's unique insurance regulations.

In fact, Florida's no-fault insurance system and specific car accident laws create distinct challenges for both property owners and drivers involved in building crashes. Furthermore, with medical bills potentially exceeding the standard $10,000 PIP coverage, you need to know your rights and responsibilities when facing such accidents.

This comprehensive guide explains what happens legally when a vehicle crashes into a building in Florida, covering everything from insurance requirements to liability determination and compensation options for all parties involved.

Understanding Florida's No-Fault Law in Building Crash Cases

Florida operates under a unique insurance system that significantly affects how building crash incidents are handled. Unlike most states, Florida follows a no-fault insurance model that directly impacts who pays for damages when a vehicle hits a building.

How Florida's PIP coverage applies to building crashes

The foundation of Florida's no-fault system is Personal Injury Protection (PIP) insurance, which every Florida driver must carry. After a vehicle crashes into a building, PIP coverage kicks in regardless of who caused the accident. This mandatory insurance covers 80% of all necessary medical expenses and 60% of lost wages up to $10,000 for the driver.

However, PIP only covers the injured person's medical expenses and lost income—it does not pay for building damage. This distinction becomes crucial in building crash cases since the property damage falls under a different coverage category altogether.

When you can step outside the no-fault system

Despite Florida's no-fault designation, there are specific circumstances where you can file claims against the at-fault driver after a building crash:

If you suffer permanent injury within a reasonable degree of medical probability
When there's significant and permanent loss of an important bodily function
If you experience significant and permanent scarring or disfigurement
In cases of death

Additionally, once your medical expenses exceed the $10,000 PIP limit, you may pursue the at-fault driver for additional compensation. This becomes particularly relevant in serious building crash cases, where injuries can be severe and property damage extensive.

Property damage liability requirements

While PIP handles personal injuries, Property Damage Liability (PDL) insurance covers damage to buildings and other property. Florida law mandates that all drivers carry minimum PDL coverage of $10,000. This coverage pays for damage to another person's property—including buildings—caused by you or someone driving your insured vehicle.

For building owners, this $10,000 minimum requirement often presents challenges since damage to commercial structures frequently exceeds this amount. Moreover, PDL coverage applies exclusively to damages you cause to someone else's property and does not cover your own vehicle or building.

Should the building damage exceed the driver's PDL limit, the building owner might need to pursue additional compensation through other means, potentially including legal action against the driver personally for the difference. Therefore, many Florida drivers opt for higher PDL limits to better protect themselves financially.

Determining Liability When a Vehicle Hits a Building

When vehicles crash into buildings, establishing liability becomes a complex process involving multiple potential parties. Determining who pays for damages requires careful analysis of various factors under Florida law.

Driver liability factors

Primarily, the driver bears responsibility when crashing into a building. Driver negligence constitutes the most common basis for liability, including distracted driving, impairment, or recklessness. Notably, many building collisions occur when drivers mistakenly hit the gas instead of the brake when parking or leaving. Florida law places liability on parties who act outside what's deemed reasonable and safe vehicle operation. Evidence of such negligence strengthens claims against the at-fault driver.

Building owner considerations

Property owners may share responsibility in certain scenarios. Under Florida law, commercial property owners have a duty to maintain premises for safe usage, including implementing adequate safety measures. The concept of "foreseeability" plays a crucial role—if building owners could reasonably anticipate potential vehicle strikes, they might be liable for failing to install protective measures like bollards or barriers. This especially applies to buildings with parking spaces facing storefronts.

Third-party liability possibilities

Beyond drivers and building owners, other parties may bear responsibility. These include vehicle manufacturers when defects contribute to accidents, employers when drivers are working at the time of collision, and vehicle repair shops that performed negligent service work. Additionally, if someone besides the driver owns the vehicle, that owner might face liability up to specific statutory limits.

Florida's comparative negligence system

Florida recently shifted from pure to modified comparative negligence. As of March 2023, if you're found more than 50% responsible for your injuries, you cannot recover any damages. Otherwise, your compensation decreases by your percentage of fault. For example, if you're 25% at fault with $100,000 in damages, you would receive $75,000. This system applies to both driver and building owner liability claims, making precise fault determination critical.

Insurance Coverage for Building Crash Accidents

Insurance plays a crucial role in addressing damages after a vehicle strikes a building. Understanding coverage options helps all parties navigate these complex situations effectively.

Driver's insurance responsibilities

Every Florida driver must maintain minimum insurance coverage that includes $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability (PDL). PIP covers 80% of the driver's medical expenses and 60% of lost wages, up to the policy limit. Meanwhile, PDL specifically pays for damages to another person's property—including buildings—caused by the insured vehicle.

As the at-fault driver in a building crash, your liability extends beyond these minimums if damages exceed your coverage. Consequently, many drivers purchase additional coverage to protect their personal assets.

Building owner's insurance claims

Commercial property owners typically rely on their own insurance initially to cover building damages. These policies generally cover incidents involving vehicles striking buildings, although coverage specifics vary.

After filing a claim with their insurer, building owners may seek reimbursement from the driver's insurance company. According to Florida law, property owners can pursue compensation for both structural damage and business interruption losses resulting from the accident.

When insurance limits are exceeded

Given that Florida's minimum PDL requirement is just $10,000, building damage costs frequently surpass available coverage. When this occurs, you have several options:

File a personal lawsuit against the at-fault driver
Access the defendant's umbrella policy if available
Pursue bad faith claims against insurers who improperly handle claims

Notably, courts can hold insurance companies responsible for amounts exceeding policy limits if they acted in bad faith during claim settlement.

Uninsured/underinsured motorist considerations

With approximately 20% of Florida drivers uninsured, building owners face significant risks. Although UM/UIM coverage primarily protects against bodily injuries, not property damage, it provides an essential safety net in accidents involving uninsured drivers.

For comprehensive protection, both drivers and property owners should consider coverage well beyond state minimums, as the financial consequences of building crashes often exceed basic insurance requirements.

Legal Rights of Building Owners and Occupants

Building owners and occupants possess specific legal entitlements after vehicle impacts under Florida car accident law. Beyond standard insurance claims, these parties can pursue multiple avenues for compensation.

Property damage claims

Building owners can file claims against the at-fault driver's Property Damage Liability (PDL) insurance, which Florida requires at a minimum of $10,000. Nonetheless, this amount frequently proves insufficient for commercial property repairs. As a result, owners may need to pursue the driver personally for damages exceeding insurance limits.

Building owners maintain the right to select their preferred repair contractors and can demand replacement parts similar in kind and condition to those damaged. Additionally, owners may file diminished value claims if the accident substantially decreases their property's market value.

Business interruption compensation

Following a building impact, owners can seek business interruption (BI) compensation to cover income losses and ongoing expenses incurred while repairs take place. This coverage typically encompasses employee wages, operational costs, and sometimes expenses for temporary relocation.

To substantiate BI claims, owners must provide thorough documentation, including tax records, expense statements, payroll information, and bank statements. Most policies cover lost rent or gross profit, additional expenses, and sometimes claim preparation costs. As such, property owners should maintain meticulous financial records to maximize compensation.

Personal injury claims for building occupants

Individuals inside buildings when vehicles strike have substantial rights to pursue compensation. Unlike vehicle occupants restricted by Florida's no-fault laws, building occupants can directly file third-party claims against at-fault drivers regardless of injury severity.

Furthermore, building occupants might have claims against property owners if inadequate safety measures contributed to injuries. Under Florida premises liability laws, landowners bear responsibility for accidents occurring on their property when negligence is proven. Ultimately, injured parties must establish duty, breach, causation, and damages to succeed in these claims.

Statute of limitations for building-related claims

Time restrictions apply strictly to building crash cases. For property damage claims, Florida law allows four years from the date of damage. Conversely, personal injury claims based on negligence must be filed within two years.

For construction defect claims related to building safety features that might have prevented crashes, Florida recently shortened the statute of repose from ten to seven years. Importantly, business interruption claims follow specific timelines outlined in policies, requiring prompt notification to insurers. Failure to file within these periods typically results in claim denial.

Conclusion

Vehicle crashes into buildings create complex legal situations under Florida law, especially considering the state's no-fault system and minimum insurance requirements. Though PDL coverage starts at $10,000, building damage often exceeds this amount, making additional legal action necessary.

Understanding your rights becomes essential whether you own the damaged building or suffered injuries as an occupant. Time limits strictly govern these cases - four years for property damage claims and two years for personal injury cases. Missing these deadlines could prevent you from receiving compensation.

Smart property owners protect themselves with comprehensive insurance coverage beyond state minimums. Additionally, building occupants should know their right to file third-party claims against at-fault drivers, regardless of injury severity.

If you have been injured in an auto accident and need a lawyer, call our Fort Myers, Cape Coral, Estero, Bonita Springs and Naples Car Accident Attorneys at Pittman Law Firm, P.L. today for a free consultation.

Quick action after a building crash helps protect your legal rights and increases your chances of receiving fair compensation for damages, medical bills, and lost income.

FAQs

Q1. What insurance coverage is required for Florida drivers in case of a building crash? Florida drivers must carry a minimum of $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability (PDL) insurance. PIP covers the driver's medical expenses and lost wages, while PDL pays for damage to other people's property, including buildings.

Q2. Can a building owner sue a driver if the damage exceeds the driver's insurance coverage? Yes, if the building damage exceeds the driver's insurance limits, the property owner can pursue a personal lawsuit against the at-fault driver to recover the remaining costs.

Q3. How long do building owners have to file a property damage claim after a vehicle crash? In Florida, building owners have four years from the date of the incident to file a property damage claim related to a vehicle crash into their building.

Q4. Are building occupants protected by Florida's no-fault insurance system? No, building occupants are not restricted by Florida's no-fault laws. They can file third-party claims directly against at-fault drivers, regardless of the severity of their injuries.

Q5. What is comparative negligence in Florida, and how does it affect building crash cases? Florida uses a modified comparative negligence system. If a party is found to be more than 50% responsible for the incident, they cannot recover damages. Otherwise, their compensation is reduced by their percentage of fault. This applies to both drivers and building owners in crash cases.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.