What Actually Does Florida’s “No-Fault” Insurance Laws mean?
If you live in Florida and own and operate a vehicle, you probably know that Florida is one of the few states that legally issues “no-fault” insurance coverage.
So, if you have an accident, you and any parties involved must make their claims to their respective insurance carriers. This rule must be followed regardless of who caused the accident, was cited for negligence, etc.
So, in a “no-fault” insurance state like Florida, you must deal with your private insurance carrier for your first $10,000 in medical expenses, any lost wages due to your accident, etc.
Florida automobile insurance law states explicitly that all vehicle owners must have insurance coverage for their medical expenses and lost wages due to an accident. This is commonly called “PIP,” or personal injury protection, and is designed to pay you for the initial costs you incur.
Florida’s “no-fault” insurance significantly differs from the standard tort system that most people with accidents must deal with. In other “fault-based” insurance systems, the driver who is found to be “at fault” and their insurance company handles most of the costs for the other driver’s medical bills, damages, etc.
However, in today’s world, if you are seriously injured in any manner, $10,000 (or even double or triple that) is rarely enough to cover even the immediate medical bills you may incur, let alone future medical costs, recovery treatment, lost wages, and much more.
So, in any Florida car accident, discussing your case thoroughly with a skilled, experienced, and empathetic Broward County car accident lawyer is always in your and your family’s best interests.
After My Auto Accident, Which Insurance Company Should I Contact?
Due to Florida’s “no-fault” laws, vehicle accident cases in Florida can be highly confusing as you may be dealing with multiple insurance companies. First, of course, you must notify your insurance carrier. They will process your no-fault insurance claim.
In most cases, you will then have to deal with the at-fault driver’s insurance company, which will be tasked with processing any third-party insurance claims.
In a Florida car accident, the PIP insurance you must carry will cover the first $10,000 in costs (the minimum and most common amount in Florida); it also usually only covers 80% of your medical expenses and 60% of your lost wages.
As you may be thinking, that is commonly well below the amount needed to cover even your initial medical bills, and it doesn’t cover many other damages, such as pain and suffering.
Therefore, you must file a third-party claim with the at-fault driver’s insurance carrier to obtain the compensation you deserve. Sadly, the other driver’s insurance company will do everything they can to deny your claim and stop you from getting the total compensation you need and deserve. At best, they may offer you a small percentage of what you should receive.
Remember that your experienced and knowledgeable Broward County car accident lawyer will advise you to obtain professional advice before accepting a settlement from any insurance company (including your own).
Even though the compensation you receive from your insurance carrier is rightfully yours, you will probably still face significant issues collecting it. So, getting what you deserve from the other driver’s company will be even more challenging. This is precisely where your Florida car accident lawyer’s professional advice, guidance, and skills will prove invaluable.
What Can I Do If I’m Not at Fault, and My Insurance Doesn’t Cover My Medical Bills, etc.?
In Florida, when you have an auto accident, you and the other parties involved will make your claims to your respective insurance companies. This is usually the first step in the process, and it initially doesn’t matter who was at fault.
Although Floridians are legally required to carry PIP (Personal Injury Protection) insurance coverage, designed to cover any medical bills (and some other costs) due to your injuries, it rarely does, if you are even moderately injured.
Additionally, if your injuries are severe, $10,000 (or even 2 or 3 times that amount) will probably not be enough to cover your initial medical bills, lost wages, recovery costs, and more. Therefore, you could face enormous medical expenses you must pay out of pocket.
You should know that Florida’s no-fault laws were initially put into place to ensure that you could access needed medical treatment quickly and easily if you’re injured in an auto accident. However, the laws pertaining to no-fault insurance claims come with numerous and particular restrictions.
The good news is that in most cases, where you were not at fault, you have legal options to obtain the compensation you need.
Your well-versed, knowledgeable, and empathetic car accident lawyer will analyze the particular details of your case and outline the legal options that you have available, including filing a personal injury lawsuit against the at-fault driver.
However, there are rules to this path; for example, you can only sue if your injuries meet or exceed the “legal threshold” in the no-fault laws. Your thorough car accident lawyer will guide you through this process and always advise you on the best legal path.
So, How Can I File a Lawsuit for Compensation If Florida is a “No Fault” State?
First, your injuries must be diagnosed as “serious” under Florida’s no-fault laws before you can file a lawsuit in any Florida car accident lawsuit.
Just some of the criteria a “serious” injury must meet are:
- The injuries you received have inflicted permanent and significant loss of bodily functions.
- These injuries may be considered permanent.
- They inflicted significant disfigurement, scare, etc.
- They caused a death due to the accident, and more.
So, although in some instances, Florida’s no-fault insurance laws may limit liability, they usually don’t remove it. After analyzing your case, your car accident law team will know precisely how to proceed and do all they can to file and obtain the compensation you and your family must have.
The intricacy of the Florida no-fault insurance laws is the critical reason why the advice and professional guidance of an experienced Broward County personal injury car accident lawyer is mandatory. In most cases, your Injuries and damages can very easily exceed your policy limits by hundreds of thousands of dollars or more, leaving you and your family in horrific and dire financial straits.
I’ve Been Seriously Injured In a Florida Car Accident; How Should I Proceed?
It is a legal fact that Florida’s no-fault system, in some cases, seriously diminishes the compensation you need to recover and move on successfully with your life after your car accident.
Suppose you’ve had a car accident in Florida and are in this situation. Now, you must overcome the restrictions of the state’s no-fault rules. In that case, you must immediately consult with an experienced, compassionate, and winning Broward County car accident lawyer.
The Broward County-based firm of Bozanic Law has a long, empathetic, and winning history of helping Florida car accident victims navigate the new (and old) restrictions and regulations of Florida’s no-fault insurance laws.
Call them today for a free consultation on your case at 954-800-2864, and your personal and profoundly passionate car accident lawyer will fight for your rights to obtain the total compensation you and your family must have to move on.