Florida is one of the few states in the US that follow the no-fault auto insurance laws. At face value, the laws mandate that victims of car accidents must seek damage recovery from their insurers, irrespective of who is at fault for the accident. It often comes as a surprise for most drivers when they are sued after a car accident in Florida.
Like most laws in automobile liability insurance, no-fault auto insurance has some limitations. This means people involved in a car accident can sue and be sued in some instances, even though the no-fault auto insurance laws are in place. So, how does no-fault insurance work?
The first thing to know about no-fault auto insurance law is that it is quite effective. Before driving in a state where the laws are followed, like Florida, you need to understand how it works. This will help you determine how to act once you are involved in a car accident.
The Implications of No-Fault Insurance in Florida
The Florida No-Fault Motor Vehicle Law requires that drivers carry Personal Injury Protection Coverage. By the law, every driver is expected to maintain personal injury protection in the amount of $10,000 and property damage liability (PDL) also in the amount of $10,000. The PIP insurance, as it is commonly called, will cater for the lost wages and medical bills which the driver may incur due to an accident, without regard to who was at fault for the accident. It will also cover the loss of consortium and funeral expenses in a fatal car accident. Damages caused to another person’s vehicle or property will be covered by PDL insurance.
When a car crash happens in a no-fault state like Florida, victims of the accident are primarily expected to turn to their respective insurers to cover the cost of medical expenses and various other losses. The biggest advantage of the law is that no one has to prove that the other party was at fault before damage recovery can be made. This means even drivers who are at fault will be protected to a large extent. While this is beneficial to drivers, it also helps to reduce traffic in courthouses as fewer lawsuits from car accidents need to be filed. The major downside is the fact that premiums are always higher in no-fault states.
What Extent Of Coverage Do You Get?
It is also important to understand that Florida personal injury protection coverage does not mean that your insurer will take care of all medical bills and various other losses when you are involved in a car accident in Florida. By law, PIP insurance only covers 80% of the medical bills up to $10,000. The medical payment coverage will cover the remaining cost up to $5,000.
In instances where the medical losses are huge, the at-fault driver may be liable for the remaining bills. The PIP insurance will also cover only up to 60% of lost wages or income that may be suffered after a car accident. The PIP insurance is also subject to the deductible the insured driver has chosen. The minimum deductible in Florida is $1,000 and accident victims will have to pay the deductible out of pocket before the insurer steps in.
Exceptions to No-Fault Insurance Laws in Florida
As suggested earlier, there are instances where the No-Fault insurance laws in Florida are not followed vertically. In such instances, the at-fault driver can be sued.
The first major exception is when the car accident results in a severe, long-term injury. A permanent, severe injury, according to Florida stature is defined as:
- Permanent or substantial loss of a vital body part or bodily function
- Permanent or significant scarring or disfigurement
- Permanent injury to a certain degree of medical probability, or other scarring or disfigurement
- Death.
When a driver suffers permanent damage, as mentioned earlier, the no-fault laws don’t apply and the driver can sue the other party for lost wages, medical or hospital bills, recovery from pains and sufferings, as well as other minor damages.
The other exception to the no-fault insurance laws is when the lost wages or medical bills resulting from the car accident is well above the $10,000 mark covered by the PIP insurance. Thus, a claim is initiated against the at-fault driver to recover the lost wages and medical expenses which are not catered for by the Personal Injury Protection insurance coverage.
Car Accidents in a No-Fault State like Florida
While No-Fault insurance is good to some extent, it is not perfect. Knowing that the laws have limitations and may leave victims of car accidents unprotected to some degrees, you need to act right whenever you are involved in an accident. Here are some important steps to take immediately after a car accident in Florida:
- Get the necessary information of the other driver including name, driver’s license number, and insurance information
- Record the license plates of the vehicles involved in the accident
- Take as many pictures of the accident scene as possible
- Document any visible injuries to you and/or your passengers
- Obtain an official document, especially police reports of the accident
- Seek medical help as soon as possible
In most instances, the Florida No-Fault insurance laws will cover most expenses that will result from a car accident. There are few exceptions and we have tried to explain them clearly. If your injuries and losses are permanent, severe, or devastating, contact a personal injury lawyer for the possibility of filing a claim.
We believe you already have an idea of when to sue when you are involved in a Florida car accident and certainly not at fault. You will need the services of experienced personal injury lawyers like the attorneys in The Injury Firm to assess the situation and determine the best way to approach it.
Let Us Represent You in Your Personal Injury Case
Do you need vigorous representation in your personal injury case in Florida? Contact us today at The Injury Firm – Galsterer & Abramowitz, P.A. We are a reliable team of qualified, knowledgeable Fort Lauderdale and Broward County car accident attorneys and lawyers.
Our experienced personal injury lawyers will be available to speak with you. We promise to represent you strongly in your personal injury case. With this, you get the substantial compensation that you deserve. A fantastic experience awaits you! Call now for your FREE CONSULTATION: 954-951-0000.
