Florida no-fault insurance is a system designed to provide drivers with coverage for medical expenses and certain other losses, regardless of who caused the accident. Under this system, each driver’s own insurance policy covers their injuries up to the limits of their Personal Injury Protection (PIP) benefits.
This approach can become complicated when serious injuries occur or when additional compensation is needed. A Florida car accident lawyer can determine if you can pursue a third-party claim beyond your PIP benefits.
How Florida’s No-Fault Insurance System Works
Consulting a Florida personal injury lawyer allows you to determine if you can step outside the state’s no-fault insurance system in certain situations. PIP is a mandatory part of auto insurance policies in Florida and provides coverage for medical expenses, lost wages, and certain other costs after an accident, regardless of who was at fault.
You will have to file a claim through your own auto insurance provider. Under Florida law, PIP typically covers up to 80% of reasonable medical expenses and 60% of lost wages, with a maximum benefit of $10,000.
It does not cover property damage or compensation for pain and suffering, though. This often raises questions about who pays for damages under Florida’s no-fault rules when costs exceed these limits.
The Serious Injury Threshold
In Florida, you can step outside the no-fault system and pursue a claim against the at-fault driver if your injuries meet the “serious injury threshold” outlined in Florida Statutes § 627.737. Qualifying injuries include significant and permanent loss of an important bodily function, permanent injuries, significant scarring or disfigurement, or death.
Meeting this threshold allows you to seek compensation for damages not covered by PIP, such as pain and suffering or additional medical expenses.
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Who Is Covered Under No-Fault Insurance in Florida?
Florida’s no-fault insurance system is designed to provide coverage for a wide range of individuals involved in a car accident, regardless of who caused it. PIP coverage extends to:
- Drivers: The primary policyholder is covered for medical expenses and lost wages resulting from an accident.
- Passengers: Passengers in the insured driver’s vehicle are also covered under the driver’s PIP policy, provided they do not have their own coverage.
- Pedestrians and cyclists: If a pedestrian or cyclist is struck by a motor vehicle, the driver’s PIP insurance may cover their injuries.
Situations Involving Uninsured or Underinsured Drivers
While no-fault insurance simplifies the claims process, complications can arise if the at-fault driver is uninsured or underinsured, or in the case of a hit-and-run accident. In such cases:
- If you are injured as a driver, passenger, or pedestrian, you can still file a claim under your own PIP coverage for medical expenses and lost wages.
- For damages that exceed PIP limits or are not covered, you may need to rely on Uninsured/Underinsured Motorist (UM/UIM) coverage if it is part of your policy. This optional coverage can help bridge the gap when the other driver lacks adequate insurance.
A Fort Lauderdale personal injury lawyer can determine how much your damages are and pursue the compensation you deserve.
Why You Need a Car Accident Attorney to Step Outside the Florida No-Fault Insurance System
Florida’s no-fault insurance system provides benefits for medical expenses and lost wages through Personal Injury Protection (PIP) coverage. PIP has significant limitations, though, as it is capped at $10,000, offering no compensation for pain and suffering or other non-economic damages.
You can pursue a third-party liability claim against the at-fault driver to recover additional compensation. In either situation, having an experienced car accident attorney can make a difference in the outcome of your case.
Florida’s Modified Comparative Negligence Rule
Florida recently adopted a modified comparative negligence standard, replacing its previous pure comparative negligence system. Under this rule, you can only recover damages if you are 50% or less responsible for the accident. If you are found to be more than 50% at fault, you are barred from receiving any compensation.
Insurers and defense attorneys often attempt to use this rule to shift blame onto you in order to reduce or deny your claim. They might argue that you were distracted, speeding, or otherwise negligent at the time of the crash.
In many cases, they will manipulate evidence, misinterpret the facts, or pressure you to accept a reduced settlement based on an exaggerated percentage of fault.
How a Florida Car Accident Attorney Assists With Your Claim
A car accident attorney plays a critical role in protecting your rights and ensuring that fault is fairly apportioned. They can:
- Gather evidence: Attorneys can collect police reports, medical records, and witness statements to build a strong case.
- Work with experts: Accident reconstruction experts can help demonstrate how the other party was at fault.
- Fight insurance company tactics: Attorneys can counter defense strategies designed to place undue blame on you and negotiate with insurers to maximize your compensation.
Florida law imposes a time limit for filing personal injury lawsuits. Under Florida Statutes § 95.11(5)(a), car accident lawsuits generally must be filed within two years of the accident date. Failing to file within this time frame can result in losing your right to pursue compensation. Working with an attorney ensures your lawsuit is filed on time and handled correctly.
Call The Schiller Kessler Group for Help After a Car Accident in Florida
Our team of lawyers can explain what Florida no-fault insurance is and how it applies to your situation, whether you are filing a PIP claim or pursuing a third-party liability claim. At The Schiller Kessler Group, we have over three decades of experience and have successfully represented 30,000-plus clients.
Our attorneys handle personal injury cases on a contingency basis, so you pay nothing unless we recover compensation for you. We are committed to helping you pursue the outcome you deserve with the knowledge and experience to handle your case. Contact us today for a free consultation. Let The Schiller Kessler Group fight for you.
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