Under Florida no-fault laws, your own insurance pays for car damage. Your own property liability damage coverage applies to damages you caused to another driver’s car, and your collision and comprehensive coverage policy applies to damages to your own vehicle. You will likely have to pay a deductible under your comprehensive and collision coverage.
If you opted out of collision and comprehensive coverage, you will have to pay out-of-pocket for your vehicle damage. Unlike personal injury protection and bodily injury coverage, property damage coverage is not mandatory in Florida, unless a lease agreement requires it.
A car accident lawyer in Fort Lauderdale can clarify who pays for car damage in Florida no–fault situations and explore your options if another driver is at fault.
What Is Florida’s No-Fault Law, and How Does It Apply to Car Damage?
A Fort Lauderdale personal injury lawyer can help explain how Florida’s no-fault laws impact car accident claims. Under Florida Statutes § 627.7407, drivers are required to carry personal injury protection (PIP) insurance, which covers medical expenses and lost wages regardless of who caused the accident. However, PIP does not cover vehicle repairs or property damage.
Property damage liability coverage (PDL), which is mandatory in Florida, pays for damage to another person’s vehicle or property if you are at fault. To cover your own car repairs, you would need optional collision or comprehensive insurance.
No-fault laws aim to reduce litigation by having each driver’s insurance handle their expenses, but they can limit your ability to sue for damages except in certain severe cases.
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When Can You Hold Another Driver Responsible for Car Damage?
In Florida, property damage liability (PDL) coverage applies when an at-fault driver causes damage to another person’s vehicle or property. All drivers are required to carry a minimum of $10,000 in PDL coverage. However, you must prove the other driver was at fault to access their PDL benefits.
If the damage exceeds the at-fault driver’s $10,000 PDL limit or if they are uninsured, you may need to rely on your own collision coverage to cover the remaining costs. Alternatively, you could pursue legal action to recover additional damages.
Determining who pays for car damage in Florida no-fault situations can be tricky, but a car accident attorney can handle the claims process for you.
How Florida’s Modified Comparative Negligence Laws Complicate a Property Damage Claim
Florida follows a modified comparative negligence rule, which can complicate property damage claims after a car accident. Under this law, fault is assigned as a percentage to each party involved in the accident. If you are found partially at fault for the collision, the amount you can recover for property damage will be reduced by your percentage of fault.
For example, if your total vehicle repair costs are $10,000 but you are deemed 20% at fault, you would only recover $8,000 from the at-fault driver’s property damage liability (PDL) coverage. However, if you are more than 50% at fault, you may be barred from recovering any compensation.
Proving fault and negotiating a fair settlement can be challenging, especially when fault is disputed by the other driver or their insurer.
What Does Collision and Comprehensive Insurance Cover?
Collision and comprehensive insurance are optional coverages that protect your vehicle in situations not covered by standard property damage liability (PDL) insurance.
- Collision insurance covers damage to your vehicle resulting from accidents, regardless of fault. This includes collisions with other cars, objects like poles or fences, and single-car accidents such as rollovers.
- Comprehensive insurance covers non-collision-related damage, such as theft, vandalism, fire, flooding, hail, falling objects, or animal strikes.
Both policies require you to pay a deductible before the insurance covers the remaining costs. For example, if your repair bill is $5,000 and your deductible is $500, you will pay $500, and the insurer will cover the remaining $4,500.
Uninsured Motorist Property Damage Coverage
Uninsured Motorist Property Damage (UMPD) is another optional coverage that can help pay for vehicle repairs if an uninsured driver is at fault. However, UMPD must be added to your policy beforehand and cannot be retroactively applied after an accident.
While UMPD can help in specific cases, it does not replace the broader protection offered by collision or comprehensive coverage.
How a Car Accident Lawyer in Fort Lauderdale Can Help
A car accident lawyer in Fort Lauderdale can provide valuable assistance throughout the claims process. They can help gather evidence, prove fault, and negotiate with insurance companies to ensure you receive fair compensation.
If disputes arise, such as challenges to liability or low settlement offers, a lawyer can advocate on your behalf and protect your rights.
Additionally, an experienced lawyer can identify all potential sources of compensation, including uninsured motorist coverage or other applicable policies, to maximize your recovery for property damage, medical bills, lost wages, and more.
Under Florida No-Fault, Who Pays for Car Damage?
At The Schiller Kessler Group, we have over three decades of experience helping Florida drivers understand complex insurance laws, including questions like, “Who pays for car damage in Florida no-fault?” We’ve successfully secured compensation for more than 30,000 Florida injury victims, and we’re here to do the same for you.
Our team will handle your claim, resolve disputes, and work to maximize your compensation. Contact us today for a free consultation.
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