Is Florida A No-Fault State?
Nothing ruins your day like a car crash. If you’ve never been in a fender bender, count yourself lucky. Backed-up traffic, horns honking, and all your plans sidelined are best-case scenarios.
Most states have a fault-based car insurance system. That means whoever is at fault in the accident must pay for damages. If the driver has automobile insurance, you’ll have to wait for that company to pay for your medical and car repair costs. If they don’t have insurance, you’re on the hook.
But twelve states, Florida included, operate under a No-Fault system. This does not mean “fault” never comes into the equation, but the mindset behind it is that they don’t want people putting off getting medical treatment they need while the insurance companies decide which party is liable for the accident. So in Florida, minimum requirements for a policy include $10,000.00 in Personal Injury Protection (PIP) and $10,000.00 in Property Damage, which pays for the other person’s property damage once liability has been determined. While that determination is being made, the person injured, regardless of who is found to be “at-fault” can use their PIP insurance to pay for their initial medical expenses. Typically on a basic policy, PIP will pay for 80% of the medical bills billed to them, up to the limit of $10,000.00. If a person carries Collision coverage under their policy, they can just pay their deductible and get the ball rolling on car repairs while liability is being investigated.
Florida’s system has its advantages and disadvantages. Today we’re demystifying the complex laws that govern Florida’s no-fault system. Hang on; it’s a bumpy ride!
What are Florida’s Auto Insurance requirements?
Florida statutes stipulate that you must carry personal injury protection (PIP) insurance to register your vehicle. You’ll also have to carry property damage liability (PDL) insurance which covers damage to another person's property.
Together, these two forms of auto insurance are the bare minimum to be on the road legally in the Sunshine State.
What does PIP cover?
Every driver must carry personal injury protection if they’re Florida residents. A minimum of $10,000 is required, but you can purchase higher amounts. The policy covers up to 80% of your medical bills and lost wages after an accident.
Because it’s a no-fault policy, it doesn’t matter who caused the accident to get the initial medical expenses paid for. Pay attention, though, you will want to promptly file the claim and make sure you get treated within two weeks of the collision.
What additional insurance coverage would you want in your policy?
Insurance is there to protect you. Even if you are a safe driver, you want to be prepared should you ever need to use your insurance benefits. Purchasing bodily injury liability insurance, insuring the value of your vehicle with collision coverage, and uninsured motorist coverage is strongly encouraged.
In any case, a personal injury lawyer should be consulted to make sure you are maximizing the value of your claims and not being taken advantage of.
How to seek compensation in a no-fault state
It is strongly encouraged to seek a case review by a personal injury attorney.Your car accident attorney will advise you on the proper steps and what to expect. Don’t necessarily take the insurance company’s determination as the final say. Make sure you are pursuing all potential alternatives.
You need to prove negligence of another party
To hold the at-fault driver liable for compensatory damages, you have the burden of proof. At the most basic level, you must prove the other driver was negligent, and that negligence caused your injuries and damages.
Florida’s negligence rule has four elements based on the responsibility that all drivers owe each other a “duty of care.” That concept centers on the idea that drivers must take reasonable care when they are driving an automobile and to drive the vehicle safely and prudently.. Basically, not driving in a safe and prudent manner breaches that duty of care that is owed to the motorists and public around that driver.e and that breach of care causes an accident with damages. If you can prove Duty, Breach, Causation, and Damages, you have met the basic requirements of negligence. It is not always as simple as it seems and that is where you should seek the help of a personal injury attorney.
What is Florida’s statute of limitations for personal injury cases?
Personal injury cases in Florida have a two-year statute of limitations. A statute of limitations is the deadline for which you can file a lawsuit in this matter. There are many aspects of personal injury cases that are time-sensitive and you will want to reach out to a personal injury attorney to make sure you are in compliance with those deadlines. Missing the statute of limitations could keep you from recovering anything for your injury and damages.
How do lawyers help your personal injury case?
Getting a lawyer involved from the beginning of the claims process is almost always beneficial to make sure you are being treated fairly and maximizing the value of your claim, without accidentally saying something or having it twisted and used against you in a way that you did not intend.. Most personal injury attorneys will give you a free consultation after an accident, too. Their knowledge of state laws and procedures serves you well as the injured party. Personal injury lawyers know what arguments to make to make sure you are maximizing the true value of your claim. They are familiar with how to effectively present your case to the insurance company, judge, and jury.
A good lawyer can make all the difference in your case.
Busciglio Sheridan & Schoeb are the personal injury lawyers to call when you’re in need!
You don’t have to feel alone after a traffic crash! Busciglio Sheridan & Schoeb are here to help. Our experienced team of legal representatives will make sure you get everything you’re entitled to. We want you to know that you and your case are important to us. You are not just a case number. Our team will take the time to explain the process to you so you know exactly what to expect and feel comfortable as we move through the case with us on your side.
We are well-versed in navigating the complexities of the claims process and Florida law, and you can feel confident that you have someone on your side that is fighting for you. Car accidents can be devastating to many different aspects of your life and you want to make sure that you have someone on your side that you can trust. That’s where we come in.
In a wreck and need to sue another motorist for damages? Check out our website and schedule your free consultation today.