Mar 25, 2024

Understanding The Florida No-Fault Laws

Being in a car accident is never fun. You may have a totaled car, injuries, lost work time, as well as pain and suffering. Your problems after a car crash can be exacerbated if you don’t understand your state’s car accident laws. 

Florida is a no-fault state for auto accidents, as the Florida No-Fault Motor Vehicle Law outlines. Learn more about the state no-fault law below, then speak to our car accident attorneys at Nunez Law if you have questions about a car accident. Lead Attorney Bobby Nunez was recently named to the National Trial Lawyers Association’s Top 40 Under 40 list and is ready to fight for your rights now. 

What Does Florida’s No Fault Laws Mean? 

In a “no-fault” state for car accidents, you deal with your own automobile insurance company for the first $10,000 in medical expenses and lost wages (at a certain percentage). The law says that all motor vehicle owners must have insurance coverage for their medical expenses and lost wages after an accident. This is called Personal Injury Protection (PIP), and each driver in the accident taps their PIP to pay for their initial damages. 

A no-fault state differs from the standard tort system that most accident victims deal with. In a tort or at-fault system, the liable driver’s auto insurance company handles all aspects of an injury claim for paying the other party’s damages. PIP is often called no-fault insurance because it covers medical bills and (a percentage of )lost earnings, regardless of who caused the accident so long as there is a nexus to a motor vehicle. 

What Is Florida’s No-Fault System? 

The no-fault state law says that every driver must carry PIP coverage with at least $10,000 in benefits. If there is a wreck, each driver’s auto insurance coverage pays for their policyholder’s medical bills and lost income up to policy limits, no matter who caused the crash. PIP insurance covers 80% of reasonable, necessary medical expenses related to the Miami car accident. It also pays for 60% of your gross earnings and future earning losses if you cannot work due to the crash. If you die from the accident, your auto policy provides $5,000 in death benefits. 

The no-fault state law and personal injury protection rules in Florida has its critics, but there are several benefits to this type of insurance coverage. First, the no-fault law often allows an accident victim to receive compensation for injuries and lost earnings faster than in a traditional tort system – at least in theory. If you carry personal injury protection, you may get money in your pocket quickly for a percentage of lost wages – at least in theory. PIP coverage pays benefits without considering fault, and assuming your auto insurance carrier does not play typical delays games, you will quickly receive the insurance benefits you’ve been paying for each month. Thus, accident victims should not need to wait for a potentially lengthy accident investigation before getting compensation under their auto insurance policy. 

Second, no-fault car insurance may reduce the number of legal disputes that often stem from auto accidents – this is one of the reasons it came into existence in Florida in the 1970s, but many/most insurance companies use delay games to their advantage. In a tort state, an accident victim can file a lawsuit if the at-fault party’s insurance company doesn’t offer enough compensation. But this type of fault insurance may mean you have to wait much longer to receive money you desperately need to recover. 

What To Do After A Car Accident In A No-Fault State

After a car accident in Florida, you should call 9-1-1 if you are injured. Also, contact your insurance company immediately to start the process to receive PIP benefits for your medical bills and lost earnings. If your damages exceed your insurance policy limits, speak to our Miami personal injury lawyers about your legal options against the at-fault driver.

How Nunez Law Can Help With A No-Fault Accident Claim 

No-fault insurance (in theory) reduces the need to file lawsuits after a car accident, but this does not take into account all of the lawsuits created by insurer’s non-payments. Either way, that isn’t to say that you cannot file a claim or lawsuit against the liable party. 

If you have significant injuries, you can still potentially file a claim for damages. You may do this by filing a claim with the other party’s auto insurance provider or suing them in a personal injury lawsuit. Remember, PIP only covers your initial medical bills and lost wages up to $10,000.

It is important to note that PIP benefits do not cover pain and suffering, nor many other aspects of damages that someone can bring in Florida against an at-fault driver.

If you have serious injuries, your economic and non-economic losses could be in the tens or hundreds of thousands of dollars, or even more. If you demand compensation from the other driver or their insurance company, you could receive money for your pain and suffering, additional medical bills, and lost wages. 

To win an insurance settlement or court case, you must prove that the other driver’s negligence caused the accident and the resulting injuries. The experienced attorneys at Nunez Law can help you negotiate a fair settlement for your loss. If the insurance company doesn’t pay fairly, we also can file a lawsuit in the appropriate Florida court for you. Our attorneys are equally skilled at insurance negotiations and litigating car accident cases in court. We will fight for the most compensation for your losses. 

Speak To Our Miami Car Accident Lawyers Today 

Were you injured in a car accident in Miami recently? It is vital to understand the Florida no-fault law and how it addresses at-fault driver issues, as well as personal injury protection insurance. Hence, you know what to expect during the claims process. Hiring an attorney during a car accident claim or lawsuit may help you get more money for your injuries and losses. Contact the experienced Miami car accident attorneys at Nunez Law today for a complimentary legal consultation. Call today at (305) 444-4407. Remember that at AccidentLawFirm.com, Our 5 Star Reviews Are No Accident.