Did you know that Florida is a no-fault state? Many motorists living in no-fault states wonder who can be held accountable for their accidents. When there is nobody at fault, who do you collect compensation from in a car accident? Who do you turn to for help and to pay for the damages done to you and your personal property in such a case? Let’s see what it means to have an auto accident in a no-fault state.
Being involved in a car accident can be a traumatizing experience for everyone involved. You will likely have many questions running around in your head. Naturally, knowing who will pay for the medical expenses and property damages due to the accident is a primary concern.
You should first understand what it means to live in a no-fault state and how that can affect your claim to learn about who will cover the costs.
This post will explain everything you need to know about no-fault state car accidents and the process for seeking compensation for the damages that you have incurred to help you make an informed decision.
What is No-Fault State Car Insurance?
Living in a no-fault state requires having no-fault state car insurance. This insurance policy is also called personal injury protection (PIP) insurance, and it is required in Florida. The insurance policy is designed as a way to quickly provide compensation for people injured in a car accident through their own insurance plan. It does not matter who is at fault, the compensation will be there to cover the costs for people affected by the accident.
The primary goal for PIP coverage is to reduce the number of personal injury lawsuits filed by victims in car accidents. PIP policies typically provide accident victims coverage for a portion of the costs for several damages, including:
PIP policies in Florida will cover up to 80% of the medical expenses for emergency medical conditions, up to the limit for the policy. A prerequisite for the coverage for medical costs through PIP is that the victim received medical treatment from a licensed healthcare provider. PIP policies also provide coverage of up to $2,500 in cases where the injuries are less severe.
An auto accident can leave victims unable to work while they recover from their injuries or due to medical procedures and appointments due to the injuries they incurred. Florida law requires PIP policies to cover up to 60% of a policyholder’s lost wages based on their income for 13 weeks before the accident.
PIP policies in Florida also provide coverage to cover the expenses for the funeral service and burial if a policyholder passes away due to the accident. The policies also provide up to $5,000 in death benefits to the survivors who are eligible to receive them.
An individual’s PIP policy does not cover several common damages that they might incur from an auto accident, including:
- Bodily injuries for the other vehicle’s occupants.
- Property damage to the other driver’s car or property and your car.
- Any pain and suffering claims.
- The bodily injuries of adult passengers in your vehicles, or adult friends who have borrowed your car and are not named on your policy and have their own coverage.
The PIP insurance provider has 30 days to accept the claim and cover the damages or deny your claim once you submit it. While it is not common, PIP insurance providers can deny your claim. In case they do deny your claim, the insurance company must provide you with an explanation for the denial and the opportunity to appeal the denial.
Not all vehicles are included in no-fault coverage. Specialty vehicles that have been designed for off-road use and motorcycles are excluded from no-fault coverage. However, if you have been injured in an auto accident as a pedestrian or while riding a bicycle, the PIP policy for your vehicle might cover your injuries.
Can I File A Personal Injury Lawsuit Against A Negligent Driver In A No-Fault State?
PIP policies in Florida cover most of the damages incurred due to the accident, but not all of them. This means that if you have been involved in an accident in Florida and suffered serious injuries that have a lasting impact and the medical costs exceed your PIP policy’s coverage, you can seek compensation through a personal injury lawsuit.
It is well-advised to work with a qualified car accident attorney while pursuing your personal injury claim. An experienced lawyer will play an instrumental role in ensuring that you are able to seek the rightful compensation you may deserve for the damages you have incurred.
Skilled attorneys know how to accurately determine the damages that you can claim compensation for, whether you meet Florida’s statute of limitations, and whether there were more parties liable for the accident.
Personal injury attorneys can also examine all the facts surrounding your accident to see if there are any reasons to add punitive damages to your personal injury claim. These damages go beyond covering for your financial and non-financial losses and are designed to punish the defendant in the case if their actions were particularly negligent or reckless.
Are You Looking To Hire The Right Personal Injury Attorney?
Hiring the right attorney to represent you in your personal injury lawsuit can make a world of difference in protecting your right to full compensation for the damages you have sustained. If you have been involved in an auto accident in Florida, you are not obligated to hire an attorney to file a claim with your no-fault insurance carrier. However, it is always helpful to have an attorney provide guidance and answer any questions you might have regarding the entire process on your side.
If your insurance provider denies your coverage or if the expenses go beyond the limits of your policy, you will likely need a knowledgeable lawyer to help you seek the money you may deserve. Consider asking the professionals at Frankl Kominsky Injury Lawyers for legal help.
The attorneys at Frankl Kominsky Injury Lawyers have years of experience working with clients to help them pursue the compensation they deserve in their personal injury claims. The experienced lawyers from the firm have an excellent track record, work on a contingency fee basis, and will go to court if needed.
If you’re looking for an experienced and qualified Fort Lauderdale personal injury lawyer who will go the distance to help you seek fair compensation for your personal injury case, working with Frankl Kominsky Injury Lawyers can be ideal for you (by appointment).