In a state where fault is not typically the determining factor in car accident liability, understanding the concept of no-fault insurance is important. Unlike traditional fault-based systems, Florida’s no-fault insurance system ensures that each individual’s own insurance company covers their medical expenses and other damages, regardless of who caused the accident.
This can provide a level of financial protection and peace of mind for drivers, as they know that their insurance coverage will come into play regardless of the fault of the other party involved.
The no-fault insurance system in Florida does come with its own complexities and limitations, and you may be able to get help from a Davie car accident lawyer to maximize your claim. Let’s take a look at some specifics and information on how to navigate the insurance process in light of this unique system.
Understanding No-Fault Insurance
No-fault car insurance refers to a system where drivers carry personal injury protection (PIP) coverage in their auto insurance policies to cover injuries sustained in a motor vehicle accident, regardless of who is at fault. The key aspects of no-fault insurance include:
- Medical bills coverage: No matter who caused the accident, each driver’s own auto insurance policy covers their medical expenses, lost wages, and rehabilitation costs up to a specified limit. In Florida, PIP pays 80% of medical bills after deductibles up to $10,000 and 60% of lost wages up to the single $10k limit.
- Reduce litigation: With medical costs covered by one’s own insurance, no-fault systems aim to reduce the need for lawsuits between parties to determine liability or claim compensation.
Thresholds for Suing
States with no-fault still allow limited tort lawsuits if medical bills and other PIP claim limits are exceeded.
The threshold in FL is under FS 627.737(2).
In any action of tort brought against the owner, registrant, operator, or occupant of a motor vehicle with respect to which security has been provided as required by ss. 627.730-627.7405, or against any person or organization legally responsible for her or his acts or omissions, a plaintiff may recover damages in tort for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease arising out of the ownership, maintenance, operation, or use of such motor vehicle only in the event that the injury or disease consists in whole or in part of:
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Significant and permanent loss of an important bodily function.
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Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
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Significant and permanent scarring or disfigurement.
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Death.
The goal of no-fault car insurance is to provide faster compensation for injuries while taking some of the litigation burden off the civil court system. However, it may still be possible and necessary to file a personal injury lawsuit to recover all of your damages in certain cases.
Florida Remains a No-Fault State for Car Accidents
Florida still has a “no-fault” insurance system for injuries caused by car crashes, despite what most people think. If someone gets hurt in an accident, they should first make a claim with their own insurance company instead of going after the driver who caused the accident right away.
Third-Party Liability Claims After a Car Accident in Florida
By having Personal Injury Protection (PIP) insurance, Florida drivers can make claims from their own auto policy regardless of who was at fault in the accident. However, PIP insurance does have a limit on how much it will cover in terms of medical expenses.
If you sustain injuries that meet the injury threshold or those that go beyond what your PIP covers, then you may choose to file a lawsuit against the other party involved in the accident.
Accident victims can file a third-party claim against the other driver’s insurance, but only in certain situations. Determining fault is crucial since it impacts the amount of compensation that can be recovered.
How Fault Can Impact Your Compensation in Third-Party Claim
Take the case of a driver who is in an accident with another car as an example:
When a driver first claims with their insurance, the costs are higher than what the policy covers. A third-party claim is made in response to this against the insurance of the other driver. An investigation of the crash shows that the first driver was 30% to blame for it, and their total damages were $100,000.
Because of this, the first driver could only get back 70% of their losses, or $70,000, since they were partly to blame. Figuring out who is at fault is very important because even a small amount of liability on your part can lower the amount of money you’re owed for the injuries and losses caused by the accident.
Do You Still Need a Florida No-Fault Car Accident Lawyer?
It’s not a requirement to hire a lawyer for a no-fault car accident claim, but it may be helpful to do so, especially if you were badly hurt, suffered a permanent injury, or lost a lot of money. They can help you get through the process and make sure you get the most money possible.
Also, keep this in mind: even though you have no-fault insurance, your insurance company wants to protect its own interests first, which means making money. If the situation calls for it, an insurance adjuster may still try to lower or even avoid a settlement.
For instance, you might not be able to get no-fault benefits if:
- You didn’t follow the right steps (for example, you didn’t use the right form to tell your insurance company about the accident, or you didn’t tell them in time)
- The insurance adjuster says that the injuries you say you incurred aren’t as serious as you claim and weren’t caused by the crash.
In any of these situations or any other, a no-fault car crash lawyer will tell you what your legal options are. In addition to filing lawsuits on your behalf, attorneys can also represent their clients in alternative dispute resolution platforms.
Learn More About No-Fault Laws in Florida and How a Lawyer Can Help You With Your Claim
If you have been injured in a car accident in Florida, the experienced car accident lawyers at Winston Law are here to help. While no-fault insurance provides important financial protections, navigating an insurance claim alone can be a complex process that risks you not receiving the full compensation you deserve.
Our team understands Florida’s no-fault laws inside and out. We have successfully handled hundreds of personal injury claims, and we know how to maximize their value for our clients. Whether you need assistance filing PIP benefits claims, pursuing a third-party liability lawsuit, or want to ensure a fair settlement offer, we can serve as your strong advocate.
A free consultation with one of our skilled Plantation car accident attorneys will explore your specific circumstances and options for resolution. Don’t settle for less than the full reimbursement you are owed. Contact Winston Law today to discuss your potential no-fault or personal injury insurance claim.
