IS FLORIDA A NO-FAULT STATE: Who Pay For Car Accident & Property Damages in Florida

Is Florida a no-fault state for auto insurance/personal injury protection
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Saying “no-fault” does not imply a lack of culpability or responsibility for accidents under state insurance rules. Rather, it means that, regardless of who caused an accident, an insurer is compelled to cover the costs. And, if you are living and driving a car in Florida, the phrase no-fault shouldn’t be new to you. So, because Florida is a no-fault state, your personal injury protection insurance will kick in to give coverage up to the policy limitations. This is regardless of who is to blame in the event of any unforeseen circumstance. In this guide, we’ll explain in detail what Florida no-fault states law means in regards to divorce, auto insurance, car accidents or damage as well as property damage.

Florida, a No-Fault State Law

In Florida, the “no-fault” law states that in the instance of a traffic accident, both parties involved are responsible for their auto insurance coverage regardless of who was at fault. Meanwhile, all Florida drivers must have Personal Injury Protection (PIP) insurance policy in place. This is as part of their automobile insurance policy to provide coverage for such incidents. In other words,  medical expenses are limited under PIP policy, this will only cover up to a specified amount.

Likewise, Personal injury protection (PIP) insurance is a must in most no-fault states for drivers to cover their medical bills and related expenses. PIP insurance pays for a driver’s medical bills if he or she gets into an accident, regardless of who is at fault.

Is Florida a No-Fault State for Auto Insurance

Yes, Florida is a “no-fault” auto insurance state. But because Florida is a no-fault state, some persons are of the belief that motorists who cause an automobile accident should not be held liable for the harm they inflict. However, No-fault insurance coverage does not absolve that motorist of responsibility for his or her actions. Rather, it means your insurance will cover your medical bills and other economic damages.

No-fault auto insurance is another name for personal injury protection (PIP) insurance. It’s a sort of coverage that you may receive via your car insurance company to ensure that you get the medical attention you need in the event of a car accident that causes bodily harm. In most states, PIP insurance is optional, while it is necessary for others.

However, it is mandatory for every driver in Florida is to have a minimum of $10,000 in Personal Injury Protection (PIP) coverage. Personal injury protection is a type of auto insurance that is required in Florida that covers you and specified people. Likewise, the Property Damage Liability (PDL) covers damage to another person’s car caused by you in an accident.

Florida No-Fault Auto Insurance Basics 

Florida happens to be one of only a few dozen states with a “no-fault” auto insurance scheme. As ar result of this, after an automobile accident, regardless of who caused the accident, your insurance coverage pays for the medical expenses. And at the same time pays other financial losses of everyone insured under the policy. 

Generally, to comply with Florida’s no-fault statute, drivers must have $10,000 in personal injury protection policy. Injured drivers in Florida file a claim with their own automobile insurance provider. However,  If a pedestrian or a passenger in a vehicle sustains an injury, such must file a claim for PIP insurance coverage under their own auto insurance policy. Meanwhile,  pedestrians that don’t own an automobile must file a claim using the driver’s insurance carrier.

However, there are restrictions on the kind of damages that you get coverage for. You cannot get compensation for “pain and anguish” or perhaps other non-monetary losses.

In the meantime, no-fault auto insurance covers three major areas:

  • Personal injury medical coverage
  • Recovery of lost wages
  • Acquisition of death benefits compensation

How it Works

Under the no-fault law, there are options from which you can choose when deciding how to receive compensation after involving in an accident among which are:

  • You may choose to file a claim with their insurance company
  • Or maybe file a claim against the other driver’s insurance provider
  • And as well, you can sue an at-fault driver for the costs of the accident

Generally, in Florida, injury lawsuits against at-fault drivers were widespread. At the same time, most insurance limits are substantially lower than the number of potential damages in a case. However, accident victims can receive necessary reimbursements far more quickly and efficiently than filing a lawsuit. This is by requiring each motorist to collect his collision costs from their insurers.

PIP or no-fault insurance covers the below medical bills 

  • Medical treatment
  • Health insurance plans
  • X-rays and prescription drugs
  • Hospitalization after a serious injury or lasting injuries
  • Prosthetics devices that help people with disabilities.
  • Lost wages
  • Physical treatment and rehabilitation
  • Services of a nurse
  • Ambulance
  • Funeral expenses in the case of death in the accident

Exception Cases Under No-Fault Car Insurance

Although the no-fault insurance system helps to limit the number of personal injury claims, it is not without flaws. The insurance laws provide some exceptions that apply to one or both drivers engaged in a collision. In order to receive adequate compensation for their injuries, drivers must understand the limitations and exceptions to insurance legislation.

Permanent Injury

Insurance laws in Florida do not exclude victims from suing in all cases. Florida drivers can still file a lawsuit against the at-fault driver if their injuries are severe. The concussion must, however, be severe enough to fulfill the legal threshold for injury to be considered permanent.

Meanwhile, accidents that do not result in permanent injury may nevertheless be eligible for legal action if the injury costs exceed $10,000.

Out Of State Incident

Only motorists in their automobiles and inside state limits get coverage under the state insurance rules. As a result,  If you are hurt in another state and or inside another person’s car, your Florida PIP insurance may not be able to cover you or your injuries.

Uninsured Driver Involvement in an Accident

No-fault law only works if all drivers agree to carry a minimum amount of insurance. If a victim is involved in a serious accident with an uninsured driver, he or she may have to rely on the limits of his/her insurance company or pursue a lawsuit.

NOTE:  You may be eligible to claim damages for pain and suffering, mental and emotional distress, as well as other losses if you are claiming against an at-fault driver,  And, an attorney can assist you in determining the best course of action for obtaining compensation following your injuries

Is Florida a No-Fault State for Divorce?

The state of Florida is a no-fault divorce state. A spouse may seek divorce even if the other spouse has done nothing wrong. To get a divorce in Florida, you only need to show that your marriage is irrecoverably broken or simply not working.

Put another way, the no-fault divorce state law means you can receive a divorce based on irreconcilable differences. In a situation whereby a couple no longer gets along they can file for a dissolution of marriage. Dissolution of marriage is just like the legal phrase for divorce in no-fault state Florida. Therefore, you can just go on and file for dissolution of marriage instead of filing for divorce to end a marriage. However, you will need to tell the judge that you really can no longer cohabit with your spouse due to incompatibility.

How Much is Florida Divorce Attorney Collecting?

Except if your marriage dissolution is an amicable one, be expecting to pay anything between $175 to $400 each hour to a Florida divorce attorney. The duration, as well as complexity of the divorce proceedings, also affect the price. In like manner, divorces can cost as little as $2,000, but a contested divorce can nevertheless cost as much as $10,000 or more. In most cases, the majority of lawyers will demand a retainer fee up upfront prior to actually beginning work. These costs allow the lawyer to start work on the case straight away.

Is Florida a No-Fault State for Car Accidents?

In Florida, as a no-fault state, if you get into a car accident and sustain an injury, you can usually file a claim with your insurer under your PIP coverage. However, to be eligible for compensation in Florida, you have to seek medical attention within 14 days of the accident.

Personal injury claims in Florida are likewise subject to a pure contributory negligence framework. This implies that even if the second driver was partially responsible for the accident, such driver can still make a claim against you for compensation if they suffer significant and long-term injuries.

Do I Need a Florida Car Accident Lawyer to File a No-Fault Insurance Claim?

Generally, to file a claim with your no-fault insurance provider, you do not need an attorney. Nevertheless, it is usually advantageous to have an attorney who can provide guidance and answer any questions you may have during the insurance claim process. Likewise, if your PIP provider denies your claim or your expenses exceed the policy’s limits, you should speak with a car accident attorney to determine your best legal alternatives.

Is Florida a No-Fault State For Car Damage

Generally. in Florida, all car owners and drivers must have insurance coverage. This is for damages they do to another person’s car in the event of an accident. And because of Florida’s no-fault laws, your insurance will cover the cost of car repair if you are involved in an accident that was not your fault. At the same time, you may be eligible for further compensation if the costs of damages exceed your policy limitations. The sum will vary depending on your insurance policy’s specific.

Is Florida a No-Fault State for Property Damage?

Generally, every Florida insurance contract includes a clause called Personal Injury Protection, or PIP. It covers up to $10,000 in medical expenses in part (80%), regardless of who caused the accident. Likewise, Property damage liability in Florida is capped at $10,000. And with this policy in place. Your insurer will pay for the damage you cause to someone else’s car or other properties of up to $10,000. 

Although many persons have a misunderstanding about what living in a no-fault state like Florida entails. They think you cannot be accountable for another person’s injuries or property damage if you are at fault in an accident. But no, its only talks about a minimum of $10,000 in PIP coverage that the law requires every driver in Florida to have.

Florida a No-Fault State FAQs

What happens if you are at fault in a car accident in Florida?

If you are at fault for a car wreck, you can be sued for damages if the victim sustained permanent disabilities, significant scarring. Or maybe disfigurement, loss of a body function, or someone died.

How long after a car accident can you sue in Florida?

four years. Under Florida’s statute of limitations, you generally have four years from the date of a car accident in which to file a lawsuit to pursue compensation from the driver or party responsible for the accident and your injuries.

Can you sue for bodily injury in Florida?

Florida law requires all drivers to carry a minimum of $10,000 in personal injury protection per person per accident. In most situations, a person cannot file a personal injury lawsuit against the party who actually caused the accident.

How much is pain and suffering worth in Florida?

Generally speaking, there is no cap on the number of damages that can be awarded for general pain and suffering in Florida. However, if the lawsuit involves medical malpractice, then there is a limit of $500,000 that can be awarded.

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