you may have heard of “no fault insurance” bounced around by your acquaintances neighbors, your neighbors, or the insurance representative.
Many States (and Puerto Rico’s territory Puerto Rico) have adopted “no fault” laws pertaining to insurance for automobiles. What is “no fault” insurance exactly and how will it affect your insurance in the case that you are involved in an accident?
As personal injury lawyers with years of experience, we have a lot of experience in managing Florida no-fault insurance. And we believe that all Florida driver needs to know. before going any further, you should know what is no-fault states and fault states
The standard procedure in many states that attorneys refer to as “fault states,” is the procedure for someone who has been who is injured in a collision caused by the reckless driving of a motor vehicle to seek the help of an attorney for personal injuries. The lawyer is able to file a lawsuit for damages from the driver who is accountable for the collision.
The damages that can be recovered from Personal Injury lawsuits include however, they are not restricted to:
- Medical bills or medical expenses related to hospitalization, rehabilitation and physical therapy, as well as personal bodily injuries resulting from automobile collisions
- Loss of wages and benefits because of the injured person not being able to work in the meantime of recovering from the serious injuries caused by the car accident
- Future earnings that are lost or reduced for accident victims suffering an impairment that is complete or partial.
- Compensation for the pain and suffering suffered by the victim
- Replacement or repair of private or private property damaged in an accident in the car
The maximum amount of compensation for any damages from accident victims who are who are in a state of fault that have insurance coverage for fault or fraudulent claims is contingent on the police report as well as the evidence to show the inability or negligence of a third party who caused the accident. Victims who were found to be partially at fault for the accident or suffering injuries might have had their damages that are reduced due to.
However, the procedure to handle claims for damages is a bit different in Florida Our KFB law team KFB law is able to share their expert knowledge with you. They can offer a no-cost consultation, or even a legal referral service to point you the right way.
There are only 12 states offer some zero-fault automobile insurance laws. Some states, like Florida are making it obligatory for drivers to have no-fault insurance on their cars, while others make it an option.
The injured drivers and passengers in an accident with no fault make any claims they have to the no fault insurance company that covers the damage to their vehicle or property liability.
The majority of no-fault benefits consist in the form of costs for medical treatment and medical costs, lost wages and other costs out of pocketrelated to injuries regardless of who could be the driver at fault.
In a state with no fault what an injured victim can expect to receive might differ from one state another. One thing states that are no-fault share is the fact that hurt people submit claims to their respective insurance coverage companies. The process of submitting claims permits injured people to possibly receive compensation without having to file a lawsuit or showing negligence by the other motorist.
What is No Futility Insurance?
To begin with, “no fault” insurance does not mean that everyone is accountable for the car accident.
Instead in the context of the no-fault law, every party is bound to use their own insurance policy for reimbursement for medical expenses as well as lost wages regardless of who is in the wrong.
Although it is true that a person may be “at fault” for an accident, the compensation for costs of medical treatment and lost earnings do have to necessarily depend on the individual responsible for the accident.
The No-Fault Laws were created to ensure that victims of an accident could receive reimbursement for medical expenses quicker, without having to take valuable time proving who was at the fault.
Is Florida A No Fault State?
Yes! Florida is a fault-free state. Actually, they’re one of the 12 states across the nation with no fault laws.
Drivers in certain states, such as Kentucky, New Jersey, and Pennsylvania may choose to skip no-fault insurance however in Florida No-fault insurance becomes required.
The foundation of Florida’s zero responsibility system of insurance is each authorized driver licensed in Florida must have at least $10,000 in Personal Injuries Protection PIP as well as $10,000 of Property Damage Liability also known as PDL.
PIP coverage covers the majority of your medical expenses in addition to 60% the lost wages, up to the policy’s limits. The remaining 20% and 40% — and the excess amount is your liability.
The no-fault insurance in Florida also includes household members of the policyholder’s as well as passengers of vehicles who don’t have a vehicle. PIP also covers the person who is a passenger or pedestrian. PDL protection is provided those who suffer damage to someone else’s vehicle or property.
Exclusions to No Fault Insurance
No fault insurance doesn’t mean that all reckless drivers get out scot-free.
Each state that is no fault has a limit where injured drivers are able to submit a liability claim or personal injury suit against the driver who caused the injury.
In certain states, you lose have to be in excess of a certain amount before you can be eligible to bring a suit.
Florida has the “serious injury threshold” which means that the nature and degree of your injuries determine the time and place you may leave the no-fault system and submit a liability claim.
In Florida, car accidents that result in permanent injury or significant and permanent scarring/disfigurement will result in a non-economic claim or personal injury lawsuit.
Even if the injury is not irreparable the party at fault is accountable for the twenty percent medical costs not covered by PIP insurance, as well as the 40 percent of lost wages that are which aren’t covered by PIP.
No-Fault Car Insurance Fundamentals in Florida
Florida is one of about 12 states that have one form of a “no-fault” car insurance system. This means that, in the event of an accident in your car your insurance coverage (in Florida, it’s called “personal injury protection” or “PIP” coverage) pays medical bills as well as other financial losses of any person who is covered by this policy (up to the policy’s limits) regardless of the person who was the cause of the collision. The no-fault/PIP claim has limits in terms of the types of losses covered, however. It is not possible to claim compensation to cover your “pain and suffering” and other damages not monetary that result of the accident.
To get out of the no-fault system, it’s possible to file third-party lawsuit or insurance claim against the person who caused the collision, and also it is possible to claim ” pain and suffering” as well as all other non-economic losses that are available are considered, your injuries must fall within the criteria that is set by the state law (we’ll review the Florida’s “serious injury” threshold in the next section).
It’s important to know that Florida’s no-fault system will do not cover damages to vehicles following a car crash. The liability claim for damages to (or the total loss of) the vehicle may be filed against the driver at fault in Florida without limitation.
Who is covered under No-Fault Insurance in Florida?
PIP benefits of a Florida car insurance policy. PIP benefits of the Florida automobile insurance plan are in effect regardless of the person who was responsible in the car accident and PIP benefits go beyond only the policy holder. PIP protection also covers:
- the children of the policyholder (not just for collisions that happen in the car of the policyholder, as well as for injuries that happen while children are on the school bus)
- members of the household of the policyholder and
- The majority of passengers don’t have personal PIP Insurance (as they don’t have vehicles).
PIP coverage also safeguards the policyholder when he or is in a vehicle of another, and as a pedestrian , or cyclist in the event of being struck by the motor vehicle.
What is an “Serious Injury” Under Florida Law?
In the event that you want to file an action for liability against the party who caused the vehicle accident in Florida (and eliminate the restrictions of no-fault) in order to pursue a liability claim, your car accident-related injuries must be considered “serious” as that term is defined by the law of the state. In other words, you have to have suffered at minimum one of the following due to the collision:
- permanent and irreparable loss of a vital bodily function
- permanent injury with a reasonable level of medical likelihood
- significant permanent scarring or disfigurement
If your injuries are in line with the above criteria, you’ren’t only able to file an PIP claims under the terms of your personal policy. You may make the driver at fault for the crash through an insurance claim made by a third party as well as a an individual injury claim and seek compensation for any category of non-economic losses like hurt and pain (which isn’t included in a no-fault lawsuit).
Once you’ve figured out the process of no-fault insurance for cars in Florida we can look into the requirements of the state for coverage on car insurance.
Can I Admit Fault?
At an early age we are taught to express our apology for harming other people. This habit is so embedded into us that a few are even willing to apologize non-animate objects!
It’s crucial to admit your mistakes and work to improve yourself, avoid admitting fault in a car crash at all cost.
What is the impact of no-fault laws on accidents
No-fault insurance doesn’t cover the pain and suffering that you endured as a result of injuries sustained during a car crash that was not at fault. However, Florida law restricts your rights to sue a third party to seek damages that are greater than the amount that personal injury protection covers. A person injured in an accident could be entitled to pursue an action when injury are caused by any one or more of these:
- Loss of movement for a long time following an important bodily injury
- Permanent and substantial scarring
- Permanent injury that is identified by medical experts
- There are ways you can ensure your right to sue in Florida and other states with no-fault laws.
These include capturing all you can regarding the accident and gathering evidence such as:
License numbers, names and the contact information of the drivers in the incident
Insurance company details for all cars
Year, model, year of manufacture color, and identification number for each person involved
Contact details and names of all witnesses to the incident including the the occupants of all cars and pedestrians
Additionally, you can utilize your smartphone or any other device to capture photos as well as videos of the crash scene, the damage incurred as well as the location of the vehicles. The information you gather immediately following an accident may aid your attorney in assessing your options to settlement.