What are the No-Fault Auto Insurance Laws in Florida?

In most states when two drivers are involved in an accident, injured individuals can file a claim for compensation against the negligent, or at-fault, party. This is not always the case in Florida. The auto insurance laws in Florida can make the aftermath of a crash even more complex and confusing. It is not always clear who is liable for paying compensation or when fault plays a role. If you have been hurt, it is important to know the no-fault auto insurance laws in Florida so you can make informed decisions and avoid costly mistakes. Below, our Tampa car accident attorney explains in further detail.

What are the No-Fault Insurance Laws in Florida? 

Unlike the majority of states in the country, Florida follows no-fault insurance laws. Under these laws, motorists must turn to their own insurance company to obtain personal injury protection (PIP) benefits. These benefits are available to you if you receive medical attention within 14 days of the accident and they will cover the following:

• Up to 80 percent of reasonable medical expenses
• Up to 60 percent of lost wages if you could not return to work after an accident
• Some other expenses, such as the cost of transportation to medical appointments

Florida enacted the no-fault system to minimize the number of lawsuits after minor auto accidents. However, no-fault insurance in Florida does have its own limitations. It does not cover property damage or injuries that are so severe they meet the ‘serious injury threshold’ in Florida.

When is Fault a Factor in Car Accidents?

Even under the no-fault laws in Florida, there are still times when fault is a factor after a car accident. This includes when you suffered severe injuries, including the following:

• A permanent or significant loss of an important bodily function
• An injury that is considered permanent within a certain degree of medical probability, with the exception of disfigurement and scarring
• Permanent and significant disfigurement and scarring
• Death

When you have suffered any one of the above injuries or losses, the law allows you to step outside of the no-fault system and file a claim against the at-fault driver. Filing a claim against the negligent party has many benefits, but there are some drawbacks.

For example, filing a lawsuit can be more costly and time-consuming than obtaining PIP benefits. Still, sometimes it is necessary to claim the full compensation you need. While PIP benefits are limited, you can claim compensation for all of your losses through a lawsuit, including pain and suffering, all of your medical expenses, and loss of earning capacity if you cannot return to the same line of work.

Our Car Accident Attorney in Tampa Can Advise On Your Claim

It is not always easy to determine which route to take after a crash. At Moore Law, our Tampa car accident attorney can review the facts of your case, devise a strategy to help you obtain the full compensation you deserve, and guide you through the process so it is as easy as possible for you. Call us now at 813-510-5400 or contact us online to schedule a consultation and to get the sound advice you need.