Is Florida a No Fault State?

Is Florida a No Fault State
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Florida is a no-fault automobile insurance state. This means that drivers must carry personal injury protection insurance (PIP) to pay for their medical expenses and other accident-related damages, regardless of who caused the collision. The no-fault law also places restrictions on when you may seek compensation from another party.

What are Florida’s Insurance Requirements?

According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), drivers must have a minimum of $10,000 in PIP. Drivers must also have a minimum of $10,000 in property damage liability (PDL) to pay for damages they cause to another person’s vehicle or property.

Florida does not mandate bodily injury liability (BDL) coverage (with the exception of taxis and drivers convicted of a DUI), but you may purchase an optional policy for additional protection. Other optional policies you may add include comprehensive coverage, collision coverage, and protection against underinsured/uninsured motorists.

What does PIP Pay for?

According to Florida Statutes § 627.736, PIP insurance pays for 80 percent of all reasonable and necessary medical expenses arising from your car accident. This includes emergency transportation, hospitalizations, surgical procedures, nursing services, dental work, and more. However, in order to receive coverage, you must seek initial treatment within 14 days of your accident.

PIP also provides 60 percent of your gross wages and loss of future earning capacity if you cannot work because of your injuries. The statute states that insurance companies must pay these disability benefits every two weeks.

If your loved one died from an accident injury, PIP will provide you with $5,000 in death benefits per covered individual. The insurance company pays these benefits on top of coverage for the deceased’s final medical expenses and lost wages.

To consult with an experienced car accidents lawyer today, call 855-686-6752

When Can You Seek Compensation from Another Party?

If you have severe injuries, you may be able to pursue compensation from the party who caused your crash. This is done either through a claim against their liability insurance or through a personal injury lawsuit.

Remember, PIP limits payments to your medical expenses, lost wages, and death benefits. If you seek compensation from another driver, you may also seek awards for your property damages and pain and suffering damages for accident-related complications that reduce your quality of life, including depression, anxiety, and loss of mobility.

To Win Awards from Another Party, You Must Prove Negligence

In order to win a settlement or verdict, you must show that another party’s negligent actions caused your accident. In the case of another driver, negligent actions may include speeding, drinking and driving, texting and driving, running a stoplight or stop sign, or traveling into the wrong lane.

If your accident was the result of a vehicle problem, such as a faulty tire or defective brakes, the negligent party may be a vehicle manufacturer or an auto parts maker. Liability may also rest with a government entity or other entity in charge of the roadway where your accident occurred if negligent road maintenance or design led to your crash.

How Can a Car Accident Attorney Help with Your Case?

Our car accident attorneys can help you seek a settlement through your own PIP insurance provider. If you are eligible to seek compensation from an at-fault party, we can help you with your liability insurance claims, as well. We will:

  • File your claims
  • Complete and submit insurance paperwork
  • Manage and adhere to insurance deadlines
  • Communicate with insurance company representatives on your behalf
  • Gather evidence proving negligence for your liability claims (this may include your medical records, eyewitness statements, and expert testimony)
  • Fight for the maximum settlement amount possible for your accident
  • Take your case to civil court, if necessary

Florida’s Statute of Limitations

It is important to begin the insurance claims process as soon as you are able. If you cannot achieve satisfactory compensation through a settlement and you have the right to sue, you are subject to Florida’s statute of limitations.

According to Florida Statutes § 95.11, you have four years to file a personal injury case and two years to file a wrongful death lawsuit. While circumstances exist that could lengthen or shorten your window of time, in general, if the statute expires, you will not be able to take your case to civil court.

Keep in mind that a lawyer from our firm must have time to investigate your accident, gather evidence, and negotiate a settlement with insurers.

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Contact Bogin, Munns & Munns for Help

Bogin, Munns & Munns has helped accident victims in Florida seek justice for more than 40 years. We work with people from all walks of life and have represented individuals and families, as well as Fortune 500 companies. No matter how big or small the client, we pride ourselves on our service.

To find out more about how we can assist with your car accident case, call our offices at 407-578-1334.

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