Mar 25, 2024

Who Pays For Car Damage In A No-Fault State?

After a Miami car accident, you may be bewildered about what to do and who to blame. You will have an easier time knowing what to expect if you understand how Florida car insurance works after a car accident. If you are in a Florida car crash, you will probably deal primarily with your own insurance company, not the liable driver’s policy, to have your car repaired via Collision coverage (as discussed below).

Once you understand the rules about who pays for car damage in a no-fault state, you may have additional questions about your claim. The Miami auto accident attorneys at Nunez Law can represent you in settlement negotiations or a lawsuit if your own no fault insurance coverage is insufficient to pay for your losses. 

What Is A No Fault State? 

Being in a no fault state in a car accident means you follow rules different from those in a tort or “at-fault state”. Florida has a no-fault system that requires every occupant (whether driver or passenger) to tap their insurance company coverage to pay for their initial medical bills and lost earnings. Florida requires each driver to carry at least $10,000 in personal injury protection (PIP) coverage. No-fault insurance after car accidents means you can get your own insurance company to pay for your losses, which could be a faster way to cover your bills. But what about car accident vehicle damages? 

Who Pays For Car Damage In A No-Fault State? 

Florida is one of the no-fault states for a car accident and provides coverage from your own PIP insurance for your medical bills and lost earnings. It does not, however, pay for damages to your vehicle. Regarding your car damages, you have several options in no fault states such as Florida. 

First, you can fill a claim with your own insurance company under your Collision coverage. Collision coverage pays for any damage to your motor vehicle caused by something colliding with your insured car. 

Second, you could use your Comprehensive coverage if the damage due to anything that was not something colliding with your car. If the car is vandalized, stolen, or even on fire, you will use your Comprehensive coverage. 

Third, you can contact the at-fault driver’s insurance company to cover your car repairs. You can also file a personal injury lawsuit, and include damages to your vehicle – but this is something you need to specifically request because most lawyers that are hired for injury claims are solely representing clients for their injuries (and not car repairs). 

After many car accidents in a no-fault state, the driver’s personal auto insurance policy covers their vehicle damages. Then, the insurance company may seek reimbursement from the insurance company of the at-fault driver. 

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

After any car accident in Florida, you should call the police and report the accident. If there are significant injuries, you should call 9-1-1 for an ambulance. You could also report the accident to your insurance company immediately, but we suggest calling a lawyer first to ensure that an insurance adjuster does not take advantage of the situation. The other driver’s insurance company may contact you, but it is best to let your attorney talk to them. 

Florida requires no-fault coverage for anyone that owns a motor vehicle, so you will likely deal with your own insurance company and PIP coverage for your medical bills and (a percentage of) lost wages. Your insurance company will also likely pay for your damaged vehicle if you have Collision on your “Declarations” page of your auto policy. However, there are countless instances where a personal injury attorney can be a major help in a no-fault state. 

How Nunez Law Can Help You 

If you are seriously injured after a Miami car crash, your no-fault insurance may not cover most/all of your losses. The required state minimum for personal injury protection insurance is only $10,000. With a severe injury, you could eat through $10,000 in medical coverage in hours. If you have additional damages, you may be able to file a personal injury lawsuit against the at-fault driver. Nunez Law’s personal injury lawyer may help you receive additional damages, such as: 

  • Past and future medical bills: If you have a severe injury, such as head or neck trauma, you may require surgery, extended hospital stays, and physical therapy. Nunez Law will review your medical records and prognosis and fight for the most compensation. 
  • Lost earnings: If you are out of work for weeks or months, you will need more lost wage assistance than what your personal injury protection provides. 
  • Diminished capacity to earn a living: After a severe Florida accident, you may be unable to work in the same capacity as you did.
  • Pain and suffering: Personal injury protection insurance doesn’t cover pain and suffering, nor a lot of other aspects of an injury claim – e.g., mental anguish, frustration, emotional distress. You could have serious physical pain from your injuries and medical treatments. 

If you hire a Nunez Law attorney, he can also help you determine which coverages to get your auto damages paid for. Your auto insurance company may cover the damages initially and then seek reimbursement from the liable driver’s policy – that is referred to as “subrogation”. An experienced auto accident attorney can be immensely valuable in ensuring you receive fair compensation for all your losses, including the proper coverage is utilized for car repairs.

Speak To A Miami Auto Accident Attorney Today  

No one wants to be in a Florida car accident, but they happen daily. In addition to medical bills and being out of work, you may have to deal with insurance coverage questions to which you don’t know the answers. A Nunez Law auto accident attorney may help to ensure you receive sufficient compensation for your property damage, medical bills, lost earnings, as well as pain and suffering. 

Contact Us at Nunez Law today for a complimentary legal consultation. Call now to talk to an experienced attorney about your car accident claim. Lead Attorney Bobby Nunez enjoys regular five-star ratings from his many satisfied personal injury clients, and he’ll fight hard for your rights and compensation. Do not wait – call today at (305) 444-4407. Remember that at AccidentLawFirm.com, Our 5 Star Reviews Are No Accident.