Florida is one of the few states in the country with a no-fault insurance system. We’ll discuss what that means in this post, how it impacts drivers, and how a personal injury and motor vehicle accident lawyer in Pensacola can support you in the event of an accident.
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What Is Florida’s No-Fault Law?
There are two types of states in the country: An at-fault state and a no-fault state.
In an at-fault state, the negligent party’s insurance company pays for the damages caused by their policyholder to another person. However, in the case of a no-fault state, the victim must look towards their own insurance company to recover the damages caused in an accident due to another’s negligence.
Due to the no-fault rules, all drivers must carry Personal Injury Protection (PIP) insurance, which pays up to $10,000 in medical costs and lost wages regardless of who caused the collision.
How Does No-Fault Insurance Affect Drivers in Florida?
One advantage of no-fault insurance is the ability to immediately receive compensation for medical costs and lost wages without going through a lengthy legal process.
Nevertheless, this system also means that unless your injuries fulfill specific requirements established by Florida law, you cannot sue the at-fault driver for additional damages if you suffered injuries in an accident. These requirements include the major and irreversible loss of an essential bodily function, a permanent injury within a reasonable medical probability, a significant and permanent scar or disfigurement, or death.
Drivers in Florida may want to think about having additional insurance coverage, including bodily injury liability or uninsured motorist coverage, to protect themselves in the event of an accident because PIP insurance only pays a certain amount of medical costs and lost income, which may not make the victim “whole” again.
How Can a Personal Injury Lawyer Help in a No-Fault State?
If you’re injured in an accident in a no-fault state, speaking with a personal injury attorney as soon as possible is crucial, even if you believe you were to blame for the collision.
The other driver may be held liable for additional damages, such as pain and suffering, not covered by PIP insurance if your injuries fulfill the requirements set forth by Florida law. If this is the case, a personal injury lawyer can assist you in filing the lawsuit.
A personal injury lawyer can also assist you in negotiating with your insurance company to ensure you receive the full compensation. Insurance companies do not care about their policyholders. They are looking to maximize their profits, which is why injured victims may find it challenging to recover fair compensation for the damages incurred.
The insurance company might use dirty tactics to coerce you into taking a lower settlement offer or undermining your injuries. Remember, insurance companies are not medical experts, and it is crucial that you let an attorney handle them.
An experienced personal injury attorney can help gather the necessary evidence to establish the value of your personal injury case and aggressively fight for the compensation you deserve.
