No-Fault Car Accident Law in Florida

Posted on July 18, 2019

Understanding the Florida No-Fault Law

Being involved in a car accident is stressful enough. The possibility of being unable to function normally due to an unfortunate event can be equally challenging. Dealing with insurance companies may be the last thing you want to do. Many businesses may go out of their way to delay or otherwise complicate the procedure to avoid giving you the compensation you deserve. 


They might not be the only factor in the complexity of events that follow an accident, though.


Florida enacted new insurance regulations in 2013 that alter how insurance works following an auto accident. Before getting into your car, you might want to know a few things about Florida’s insurance requirements.


What Does No-Fault Law Mean?

In legal context, “no-fault” generally refers to claims that are decided without assigning blame. To resolve a no-fault dispute, the parties are not obliged to establish who is at fault. In contrast, to win a fault-based lawsuit, the parties must demonstrate that the other party was at fault.


“No-fault insurance” is a general word that describes any type of insurance in which the insurance company indemnifies the insured for losses regardless of how the loss occurred or who was at fault. No-fault auto insurance is the most common type of no-fault insurance.


Florida Is A No-Fault State


Regarding the payment of vehicle insurance claims after an accident, the No-Fault Law applies in Florida. This implies that drivers must have car insurance that covers PIP compensation or personal injury protection. This safeguards the policyholder in the event of an accident and aids in covering any resulting medical bills and other non-medical charges.


Lowest Level of Personal Injury Protection


As previously mentioned, all Florida drivers must have the bare minimum in PIP coverage. Your insurance must contain at least $10,000 in property damage liability benefits and $10,000 in personal injury protection benefits. Up to the policy maximum, PIP coverage will reimburse 60% of lost wages and 80% of your medical treatment costs. You are accountable for the extra 20% and 40% and anything above your limit. Florida’s no-fault insurance also provides coverage for household members of the policyholder and non-owner passengers.

When Do You Need to Seek Medical Care? 


The PIP regulations’ time limitations on obtaining medical care are among its most significant features. A driver who sustains injuries in an accident has to get medical care just 14 days after the incident if they want to be paid for their damages. While it’s ideal for you to seek medical help immediately after an injury, it’s not always that simple.


People who want to visit their family physician or dentist may not be able to do so within the allotted time and will need to find other healthcare providers if they want to be reimbursed. For those who do not appear to be injured, they may miss out on being properly diagnosed and later discover that something is gravely wrong. They can no longer obtain the medical assistance they may be in dire need of as a result of their inability to seek immediate medical check-ups.


Regardless of these scenarios, it is crucial to see a doctor. Visit a chiropractor or ER for an appointment to establish if you have incurred any type of injury because of the mishap. It is always best to stay cautious and get ahead than to suffer a loss.


Exceptions to Florida’s No-Fault


There is, however, a way for a Florida motorist to circumvent the state’s no-fault system and directly bring a claim against the at-fault driver. If the accident-related injuries are permanent, you may pursue your claim. The claim may include significant and permanent scarring, deformity, or the loss of a substantial body part and significant bodily function.


How does Florida No Fault Coverage Fit Into Your Auto Policy?

Because of Florida’s “no-fault” regulation, both parties in a car accident must file claims under their respective auto insurance policies, regardless of who was at fault. To cover this, all drivers in Florida must obtain Personal Injury Protection (PIP) insurance as part of their auto insurance policy.


No-fault regulations simplify medical care for injured individuals in auto accidents. There are certain limitations, though. For instance, PIP insurance only covers up to a particular sum of medical bills. You might decide to launch a lawsuit against the other motorist if your injuries are severe enough to reach the “injury threshold” set forth by the law or are more costly than your PIP coverage.


Your medical treatment, as well as lost wages, are covered by your PIP insurance. If you are unable to take care of your children as a result of injuries you incurred in the car accident, your PIP takes care of the child care costs. PIP insurance also covers all the passengers in the vehicle. 


You can drive confidently in Florida knowing that your PIP insurance will pay for medical costs if you get involved in a car accident. You should still record the crash in great detail, though. Even though Florida is a “no-fault” state, you may still decide to make a claim if your injuries are serious, long-lasting, or disabling. It is a good idea to note the following at any accident:


  • Name, driver’s license number, and insurance information of the other driver
  • Vehicles’ both license plates
  • Pictures of the collision
  • Any obvious wounds on you or your passengers
  • Obtain all official records you can, including police reports.

Contact Farah & Farah for Assistance With Your Car Accident Claim

It is crucial to consult a lawyer familiar with no-fault insurance regulations if you are in an accident. You can submit a claim and obtain the compensation you are due with the aid of Farah & Farah No-Fault Insurance attorneys.


If you’ve been in an accident, you might be unsure whether you require a lawyer for No-Fault Insurance. 


Sometimes it’s difficult to determine who was to blame. Speaking with a No-Fault Insurance attorney in certain circumstances is best to learn about your choices. Farah & Farah will assist you in deciding whether making a claim is worthwhile. Farah & Farah Insurance attorneys will help you obtain the reimbursement you are entitled to because they are familiar with the system. Do not delay contacting a lawyer for assistance if you have been in an accident.




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