What Is the No-Fault Law in Florida?
Florida is a no-fault state. It means that if you got involved in an accident, you would make a compensation claim from your insurance company, regardless of who was responsible for causing the accident. All drivers must have a Personal Injury Protection (PIP) cover as part of their car insurance policy (the minimum limit is $10,000).
No-fault laws make it easier and possible for car accident victims to seek medical treatment. However, the rules impose some restrictions on the PIP coverage. Skilled Florida personal injury attorneys provide an overview of what no-fault insurance law entails. With this knowledge, you can fight for your rights if you ever get injured in a car accident.
How Does PIP Insurance Work?
PIP insurance is not liability insurance, and it only benefits the insured. The coverage applies to your case as long as you are driving within Florida. The policy covers owned, borrowed, or rented vehicles. It compensates members of your household and vehicle passengers who don't own a car if injured in an accident.
However, PIP coverage is limited to medical expenses (up to 80%), lost wages (up to 60%), and additional expenses related to the accident, but only to a certain amount. You could take legal action against the at-fault driver if your injuries are severe enough to meet the law's personal injury threshold or the medical bills are higher than the PIP coverage.
Consult skilled car accident lawyers in Florida for legal counsel and representation. They can evaluate your case and help you make a sound decision on whether legal action would be worth the risk.
What Does No-Fault Insurance Cover?
Personal car insurance policies comprise sections on liability coverage, uninsured motorist coverage, medical payment coverage, and other general sections regarding the coverage. Liability coverage falls under three categories as follows:
- Bodily injury per injured person: You receive up to $10,000 of bodily injury coverage per person
- Bodily injury per accident: You receive compensation of no more than $20,000 per accident
- Property damage per accident: You receive up to $10,000 for property damage per accident
Medical payment coverage applies per person for every accident. It becomes the primary coverage when you get into an accident while driving a car you own and secondary if it is not yours. The typical limits are $500, $1,000, $2,00, and $5,000
Uninsured motorist coverage protects you if you're not at fault in an accident with a driver who is uninsured or underinsured. The limit can't be greater than the standard liability limit.
What Are the Benefits of the No-Fault System?
One of the outstanding benefits of the no-fault insurance system is that it enables accident victims to be compensated for their injuries and lost wages in a more efficient manner than the traditional tort system.
Since PIP pays out benefits regardless of who was at fault, accident victims don’t have to suffer as they wait for their car accident lawyers in Florida to pursue compensation from the at-fault driver's insurance company.
No-fault laws reduce the need for legal action, streamlining the process of obtaining compensation for medical bills and lost wages. The process is particularly beneficial if you don't have the resources to pursue a legal case.
Should I Admit Fault in an Accident Since Florida is a No-fault State?
Car accident lawyers in Florida advise drivers against admitting fault in an accident. Although the other driver will receive compensation from their PIP coverage, admitting fault could complicate your case.
Remember that the other driver could come after you if their PIP doesn't adequately cover their medical expenses and other damages. By accepting the blame for the collision, you will be ignoring many factors that play a role in accidents. You may also welcome complicated issues such as increased insurance premiums and time-consuming lawsuits.
What to do in an Accident
While you have peace knowing that your no-fault insurance will cater to your medical expenses after an accident in Florida, don't ignore doing the following:
- Taking the other driver's name, insurance information, driver's license number, and contact information
- Taking photos or videos of the accident scene
- Recoding your injuries
- Obtaining any official documents, especially the police report
- Seeking medical care
Does the No-Fault Law Mean Negligent Drivers Can Go Scot-Free?
No-fault insurance laws don't mean that the reckless driver goes unpunished. If you have severe injuries, you may be able to pursue compensation from the liable party by filing a compensation claim against their liability insurance or through a personal injury lawsuit.
However, to win an award, you must prove that the other party was negligent. Negligent actions may include speeding, drunk driving, running a stop sign, or being in the wrong lane. Skilled car accident attorneys in Florida can investigate the case to determine liability and gather evidence that proves your claim against reasonable doubt.
With that information, they can help you file a compensation claim or pursue a lawsuit to fight for the compensation you deserve. Liability could also rest with other parties, such as car manufacturers, auto part makers, or the government. You could pursue compensation if your injuries are severe and worth more than what PIP can cover.
An Experienced Car Accident Attorney Helping You Purse Compensation After an Accident
Florida's no-fault insurance law enables accident victims to seek medical attention immediately and pay the bills without waiting for investigators to determine who was at fault. However, you could still pursue compensation from the negligent party if your injuries and damages are more than your PIP can cover.
Experienced car accident lawyers at The Dellutri Law Group, PA, can look into your case and help you determine liability. We can also provide legal counsel and representation as you seek compensation from the negligent party. If you still have questions about the no-fault coverage, don't hesitate to contact us. Call us at 800-391-4337 for a complimentary case strategy session.