Florida’s No-Fault Car Insurance System
If you recently moved to Florida, you should know that the state is one of only a handful that continues to adhere to a no-fault auto liability standard. With this system in place, drivers are required to take certain steps if involved in a car crash when attempting to recover compensation for their losses. We’ve included a brief breakdown of the information that can help you in the event of a crash. Please reach out to our dedicated Fort Lauderdale auto accident lawyers to learn more.
What Does No-Fault Mean?
Being involved in a car accident in a no-fault auto liability state means that whenever there is an accident, the parties will need to seek the help of their own insurers when trying to pay for medical bills. This is true regardless of who was at fault for the accident. This system was put in place to help limit the filing of frivolous lawsuits filed by motorists. Unfortunately, it can also make it harder for those who suffer legitimate injuries in a car accident, to recover compensation from negligent drivers. There are, however, some situations that allow residents to step outside of this system and file claims against the at-fault driver in court.
Does Florida Have Auto Insurance Requirements?
Because Florida is a no-fault auto liability state, accident victims are required to carry no-fault auto insurance if they drive. This insurance is split into two categories:
- Personal Injury Protection (PIP) insurance policies, which cover an injured party’s medical bills up to a certain amount; and
- Property Damage Liability (PDL) coverage, which covers damage caused by the policyholder to someone else’s car.
Florida drivers must carry at least $10,000 in both PIP and PDL insurance. When these limits are exceeded, victims can attempt to recover compensation from the other driver’s insurer, or can seek compensation by filing a third party claim.
When Can I File a Third Party Claim?
Even though Florida is a no-fault state, car accident victims still have legal recourse against negligent drivers in certain cases. Injured parties can, for instance, still file a third party claim against a negligent driver in court if they incur at least $2,000 in medical bills and they suffered a severe injury. To qualify as severe, an injury must result in:
- Significant and permanent loss of a bodily function;
- Permanent injury;
- Significant and permanent scarring or disfigurement; or
If you have questions about whether your case meets this threshold, consider consulting with a lawyer who can review your case and advise you accordingly.
Work with Experienced Florida Car Accident Lawyers
To speak with a dedicated Fort Lauderdale car accident lawyer about stepping out of the no-fault system, or for help recovering compensation from your insurer, call Boone & Davis at 954-566-9919 or fill out one of our online forms today. Initial consultations are offered free of charge, so don’t hesitate to reach out to us by phone or online message at your earliest convenience. A member of our legal team is standing by to begin working on your case.