Is Florida A No Fault State? Does That Impact My Accident Settlement?
Michael Babboni
Car Accidents
A lot of people refer to Florida as a “no fault” insurance state. When in fact, Florida uses a system of comparative fault to determine who is liable for the damages caused by an accident. The confusion comes from the legal requirement to have “personal injury protection” insurance. All Florida residents are required to carry a minimum of $10,000 of personal injury protection by law. This law was enacted to make it easier for people who have been injured in an accident to obtain medical care. PIP operates off of a “no fault” system and will go to your injuries regardless of who caused the accident.How Does PIP Impact Settlements?
No fault insurance is easily misunderstood by the average driver. They are often under the assumption that because they carry “no fault” or PIP insurance they can’t be sued for liability by the other driver. When an accident occurs, the drivers contact their own insurance companies and their own PIP insurance covers the medical expenses and lost wages for you and your passengers to a set amount. The only way you can file a claim is if your injuries are severe enough to meet the “injury threshold” or exceeds PIP coverage.
What Does PIP Pay For?
Here are a few things no-fault insurance may cover for no-fault policy owners and their passengers:
● Medical expenses and hospitalization from the accident
● Disability or lost income resulting from the inability to work due to the accident
● Funeral and burial expenses
PIP does not cover property damage or pain and suffering.
Filing A PIP Claim After An Accident
In order to file a PIP claim with your insurance company, you must meet the following criteria:
● A “motor vehicle” was involved: A motor vehicle is usually defined as having more than two wheels.
● The motor vehicle was being used for transportation: An example would be if you were towing a car and it caused an accident it would not be eligible for you to file a claim.
● Someone suffered “bodily injury”: You or your passengers were injured.
● The cause of the injuries was the accident: The injury was not a pre-existing condition but instead a direct result of the accident.
While this criteria sounds simple and uncomplicated, PIP insurance is not always enough to cover the full extent of your damages. In serious injuries, you will have to make a claim with the insurance companies to cover the rest of your expenses.
So What Is Considered A Serious Injury?
So what is considered a serious injury when it comes to your no-fault insurance? Some examples are:
● If you are permanently or badly disfigured
● Bone fracture
● When there is limited function of a body part or organ due to the accident
● Fully disabled for 90 days or more
If your injuries fall in any one of these categories, then you probably qualify for more financial compensation than PIP covers. In this instance, you will need to file a personal injury claim against the other driver’s insurance to cover the rest of your damages.
When Do I Need To Contact A Personal Injury Attorney In Florida?
If you’ve sustained serious injury, you absolutely need to retain the services of an attorney to help ensure you get full compensation for all your damages. Not only that, but Florida laws state that PIP will only cover 80% of your medical costs. Furthermore, if your injuries are not considered an emergency you will actually only be entitled to $2,500. In all of these cases, this may not be enough money to cover all your damages. This is why it is vital to contact an accident lawyer even when you haven’t sustained a serious injury.
Attorney Michael Babboni and his highly qualified team at Justice Pays, can help. We will provide a free case review to help ensure you are getting the full amount of compensation you deserve. Navigating Florida’s insurance laws are very complicated and with 27 years of fighting for accident victims in St. Petersberg we have the experience to help. Contact us today to learn more!