Is Florida Considered a No-Fault State?
By Team at Zimmet & Zimmet, In Personal injury
In the state of Florida, it is necessary for all drivers to carry certain types of insurance to provide coverage for any injuries or costs that are incurred due to a car accident. The requirements for insurance will cover minor property, medical, and an array of other costs that occur during a car accident and help to protect the driver from any legal liability.
The insurance laws in Florida, limit your ability to recover any crash-related damages. However, in some cases, you may still have the right to file a lawsuit.
The No-Fault Law in Florida
The state of Florida is a no-fault state. What this means is that a driver’s insurance policy will cover the cost of any crash-related injuries, regardless of who is considered to be at-fault.
The no-fault law in the state requires that all drivers have a minimum amount of coverage of $10K in PIP – personal injury protection – insurance. Unlike the at-fault states, where a driver responsible for causing the accident has to pay for the injuries and the related costs from their insurance policy, the no-fault law in Florida means that coverage comes from either policy.
The injured driver or the passenger can use the PIP coverage provided by their policy or from another driver’s policy to cover any type of crash-related medical costs.
Usually, PIP coverage is going to handle the following costs:
- Medical related costs and expenses
- Lost wages
The no-fault insurance in the state of Florida makes it much easier for a crash victim to receive a payment for the injuries they have suffered. According to Florida’s law, your insurance will pay all medical bills and other financial losses for anyone who is covered under the policy up to the limit of the policy.
What this means is that you don’t have to go through the insurance company of the other driver to receive the deserved compensation for your injuries and the additional costs.
Along with covering injuries for the policyholder, PIP policies will also provide coverage for:
- The children of the policyholder
- Various members of the policyholder’s household
- Passengers who do not have any PIP coverage
While PIP policies can help provide coverage for the medical costs for accident victims, the no-fault law in the state will limit the ability a victim has to recover any other damages. The no-fault laws will protect drivers from any lawsuits or legal liability if their PIP policy covers the total amount of the medical costs related to the crash.
Do You Have the Right to File a Lawsuit?
The no-fault law in Florida will prevent parties from filing a lawsuit as long as the PIP covers the extent of a person’s injuries and the related costs. However, there are several limitations in place, and in some situations, you may be able to file a suit against the party who was responsible for the accident and subsequent injuries.
The exceptions that may allow you to file a lawsuit include:
- If a person has suffered pain and suffering related to the accident
- If the person has suffered any type of emotional trauma or mental anguish
- If the medical costs for the injury exceed the coverage limit for the PIP policy
However, you have to prove that your injury qualifies as a “serious injury” based on what the law says.
If you need help with your legal situation, be sure that you contact a personal injury attorney for help. Our legal service provider can help with your case and ensure you have the best chance of recovery. Contact Zimmet & Zimmet Lawyers by calling (386) 255-6400 for help and information about your situation and our services.