Florida has a somewhat convoluted insurance system that can confuse drivers, particularly if they get into an accident. From no-fault insurance laws to traditional fault-based liability rules, a lot of the legislation and processes seem to contradict each other. For the average layman, it’s often unclear who pays what and when fault really matters.
Car accidents are an unfortunate part of life – Having a basic understanding of accident insurance rules is essential to avoid costly mistakes, informed decisions, and keep your rights intact. Here are some key ways insurance works in Florida accidents.
How Does No-Fault Insurance Work?
Florida is one of a minority of states operating under a no-fault insurance model. Under this model, every driver is required to carry a certain minimum of personal injury protection insurance (PIP). If an accident occurs, their own insurance is supposed to pay for medical bills, no matter who is at-fault for the accident. Your PIP coverage typically helps pay for:
- 60% of lost wages
- Up to 80% of medical bills
- Certain other expenses, including transportation to appointments
While the no-fault system is supposed to expedite the amount of time it takes to recover money for medical bills, PIP is fairly limited and doesn’t cover property damage. Medical bills and lost wages for serious injuries can quickly exceed the $10,000 minimum coverage.
When Does Fault Matter?
Though Florida is a “no-fault” state, fault still matters in many situations, such as when your injuries were severe. Severe injuries under Florida law include:
- Permanent and significant loss of an important bodily function
- Significant and permanent scarring or disfigurement, or death
- Permanent injury within a reasonable degree of medical probability (other than scarring or disfigurement)
- Loss of life
If the accident caused severe injuries, you are allowed to step outside the no-fault system and file a personal injury claim against the driver whose negligence resulted in your injuries.
What Can I Recover From Proving Fault?
When you file a personal injury claim, you must prove fault in order to recover full compensation for:
- Medical expenses (past, current, and future treatments and rehabilitation)
- Pain and suffering
- Lost income
- Emotional distress
What Is Modified Comparative Negligence?
Florida recently changed to a modified comparative negligence rule, meaning that only drivers deemed to be 50% or less at fault for the accident can recover damages. If insurance, or a jury, deems you to be more than 50% at fault, you are not allowed to file a claim for compensation. If you’re not at fault, the other driver’s insurance is supposed to step in to cover your losses. However, if the other party is underinsured or uninsured, your own policy must fill the gap.
Why It’s Important To Have A Lawyer
Confused yet? Insurance companies often rely on a car accident victim’s lack of familiarity with these complex systems to unfairly delay or deny their claims, or to try and shift fault so they can pay out less. Having an experienced personal injury lawyer on your side is the best way to protect your rights and get the compensation you’re legally entitled to so you can recover from your injuries.
If you were recently in an accident, call BCN Law Firm to consult with an experienced Florida car accident attorney today.