Seeking Justice For The Injured

Attorneys Axel Dumas and Jonathan Sanclemente photo

What does it mean to be a no-fault insurance state?

On Behalf of | Jan 31, 2024 | Car Accidents, PERSONAL INJURY (PLAINTIFF) - Car Accidents, PERSONAL INJURY (PLAINTIFF) - Motor Vehicle Accidents |

You take every precaution when you buckle up and head onto the road in Florida, but accidents can still happen. A sudden car crash can be a traumatic experience, and it can lead to serious physical and emotional damage. Should you find yourself in a collision, it is vital to know that Florida operates under a no-fault insurance system.

You may wonder how no-fault insurance affects you after a car crash. In Florida, no-fault insurance means that after most traffic accidents, your own insurance policy is the first place you turn to for compensation, regardless of who caused the collision. This coverage is officially known as Personal Injury Protection (PIP), and it is designed to cover medical expenses, a percentage of lost wages and other damages, regardless of fault.

How no-fault insurance affects your compensation

No-fault insurance states aim to provide quick payments for medical costs and lost wages by removing the burden of establishing fault. Here are some things you should know about PIP as a driver in the Sunshine State:

  • Florida law mandates that you hold a minimum of $10,000 in PIP coverage.
  • PIP covers 80% of essential and reasonable medical costs up to a $10,000 limit from a qualifying injury, irrespective of the party at fault in the accident.
  • PIP includes 60% of lost wages due to the injury, subject to the same $10,000 limit.

While this can provide immediate financial assistance for medical bills and other losses, it may not fully cover all the damages you incur, especially in serious accidents. When your damages surpass what PIP can cover, knowing your legal options becomes critical.

When your insurance coverage is not enough

Car crashes can cause a lot of damage, and because victims are afraid of the expenses, they refuse medical care. After all, the $10,000 threshold will not be enough to cover extensive medical treatments or prolonged loss of income. Fortunately, in cases of severe injury, Florida’s legal framework permits you to bypass the no-fault system to file a claim directly against the driver responsible for the accident.

You have the right to pursue compensation for all your damages, including pain and suffering, which PIP does not cover. Proving the severity of your injuries and the other driver’s negligence is key to a successful claim.