When a car accident happens in Florida, understanding no-fault insurance laws can affect your compensation. These rules determine how claims are filed, what damages you can recover, and when you can sue the at-fault driver.
At Winston Law, our experienced Fort Lauderdale, FL car accident attorneys have helped countless accident victims handle Florida’s complicated no-fault insurance rules. With over 30 years of experience, we understand how these laws affect your claim and will work hard to obtain the compensation you deserve.
What Are Florida’s No-Fault Insurance Laws?
Florida requires every driver to carry Personal Injury Protection (PIP) under Florida Statute 627.736. With no-fault insurance, your own policy covers medical expenses and lost wages, no matter who caused the accident. PIP provides 80% of medical bills, 60% of lost income, and 100% of replacement services up to policy limits for you, your family, and passengers.
A Fort Lauderdale personal injury lawyer can help you understand how these rules apply and make sure you receive all the benefits you are entitled to.
Types of Car Accident Cases Affected by No-Fault Laws
Florida’s no-fault system impacts various types of vehicle accidents:
- Rear-end collisions: PIP covers initial medical costs regardless of fault
- Intersection accidents: Your own insurance pays first, then you may pursue additional claims
- Hit-and-run accidents: PIP provides immediate coverage while police investigate
- Multi-vehicle crashes: Each driver’s PIP covers their own injuries initially
- Motorcycle accidents: Different rules apply as motorcycles aren’t required to carry PIP
- Pedestrian accidents: PIP from household policies may provide coverage
The experienced Fort Lauderdale car accident lawyers at Winston Law handle all types of collision cases and can explain how no-fault laws specifically affect your claim.
How PIP Insurance Works in Florida Car Accidents
Personal Injury Protection (PIP) covers your medical expenses and lost wages after a Florida car accident, regardless of who caused it. Knowing the rules helps protect your benefits and speed up your recovery.
14-Day Rule
You must seek medical treatment within 14 days of the accident or risk losing PIP benefits. Insurance companies strictly enforce this requirement.
Emergency Medical Condition
To receive the full $10,000 in PIP benefits, a healthcare provider must determine you have an “emergency medical condition.” Without this determination, coverage is limited to $2,500.
Covered Expenses
PIP pays for medical bills, lost wages, replacement services like childcare or housekeeping, and provides a $5,000 death benefit.
A Fort Lauderdale personal injury lawyer can guide you through PIP rules and help ensure you receive all available benefits.
When You Can Step Outside Florida’s No-Fault System
While no-fault laws limit your ability to sue, Florida allows victims to pursue claims against at-fault drivers in specific circumstances.
- Serious Injury: Significant and permanent loss of bodily function, scarring, disfigurement, or death.
- High Medical Bills: Expenses over $10,000.
- 90-Day Disability: Total or partial disability lasting 90 days or more.
Meeting these criteria allows you to seek compensation beyond PIP, including pain and suffering and full lost wages. A Fort Lauderdale car accident attorney can help evaluate your case.
Challenges with Florida No-Fault Insurance Claims
Dealing with a Florida PIP claim can be frustrating. Insurance companies often make it harder than it should be to get the benefits you need.
- Claims denied if treatment is not within 14 days or no emergency condition
- $2,500 limit often leaves serious injuries unpaid
- Paperwork and records create hurdles for victims
A Fort Lauderdale personal injury attorney can handle these obstacles, ensure your claim is properly documented, and fight for the compensation you deserve.
Steps to Secure Maximum Compensation in Fort Lauderdale, Florida Personal Injury Claims
Understanding Florida’s no-fault system while preserving your right to additional compensation is key. Key steps include:
- Check Coverage: Know your PIP and supplemental limits.
- Add Uninsured Motorist: Protect yourself if the other driver lacks insurance.
- Track Expenses: Record medical bills, lost wages, and out-of-pocket costs.
- Know Policy Rules: Understand limits and the claims process.
Following these steps can help ensure you receive the benefits you are entitled to. A Fort Lauderdale car accident attorney from Winston Law can guide you through the process and help protect your recovery.
Work with Experienced Fort Lauderdale Car Accident Lawyers Today
Florida’s no-fault insurance laws can be confusing, but Winston Law is here to help. Our Fort Lauderdale car accident attorneys have decades of experience helping accident victims get the PIP benefits they deserve and pursue additional compensation for serious injuries. We handle every step of your claim, from paperwork to litigation when needed.
Contact us online or call (954) 475-9666 for a free consultation and learn how we can protect your rights.
