Navigating Florida’s No-Fault Insurance System: What Car Accident Victims Need to Know

Securing compensation after a Florida car accident is essential, especially when your damages are significant. Car accidents can be very costly and they can be painful both physically and emotionally. All losses should be accounted for in your car accident injury claim. 

Each state has its own fault system that governs the claims process. In many states, when a car accident happens, one party is able to file a claim for compensation against another party who is responsible for causing the accident. These are called fault states. Florida is different.

Florida is a no-fault state, meaning that as long as you have the required minimums for car insurance, which you are legally supposed to have, then the fault does not matter. You will simply file a claim for compensation with your own insurance coverage irrespective of any fault you have. The catch is that with this system, you may not file a claim against another party’s insurance unless you sustained substantial injuries, disfigurement, and physical bodily harm.

Navigating the injury claims process can be time-consuming and challenging. It is important to understand the laws and also the steps to take to be successful with a claim. Working with an attorney can be advantageous because an attorney with experience in tort law will know what to do to help you get the highest amount of compensation from your claim.

The Tampa personal injury attorneys at Fulgencio Law invite you to schedule a complimentary consultation to discuss your case and learn more about how an attorney can assist you with obtaining compensation.

Florida’s No-Fault Insurance Laws

Florida’s insurance laws require motorists to have Personal Injury Protection (PIP) and Bodily Injury Insurance (BIL). 

A driver’s PIP coverage will be used to cover their medical expenses and missed wages if they are injured in a crash. The mandatory minimum PIP coverage is $10,000.

When an individual suffers significant and permanent injuries, Florida’s insurance laws will allow that individual to file a claim against another party’s BIL coverage. Damages that can be included in a claim against another party’s insurance could be medical expenses, pain and suffering, missed wages, loss of future earning capacity, emotional distress, scarring and disfigurement, and loss of society and support.

Since serious injuries can require extensive medical treatment and care, it is not uncommon for a person to exhaust their PIP coverage and then also be able to file a claim against another party for the totality of the losses they suffered. Even though this can be helpful, when the liable party does not have insurance or doesn’t have enough insurance to cover the damages, then a catastrophically injured person would have to turn to their Underinsured/Uninsured (UM) coverage.

This is why it is essential to best protect yourself when you purchase UM coverage. Unlike PIP which is mandatory, UM coverage is not. So while it may seem like adding the extra costs of paying for the coverage is unnecessary, that is a very risky move. According to the most recent estimates from the Insurance Information Institute, as high as 14% of motorists in the United States are uninsured.

Call Fulgencio Law Today

After an accident, please call Fulgencio Law today at (813) 463-0123 to schedule a free consultation with a Tampa car accident attorney.