When Florida residents call Flaxman Law Group after a car accident, they’re often not aware of the state’s no-fault law and what it can mean for their claim. In our offices in Miami, Homestead, and Hollywood, we often explain this concept, and we wanted to explain it here, too, in case you were curious about no-fault laws.
If you’re in a car accident in Coral Springs, Fort Lauderdale, or any community in Florida, the first thing you need to know is that Florida is a “no fault state.” This means that car insurance companies need to pay for damages, regardless of fault in an accident. This insurance is known as personal injury protection (PIP) or no-fault insurance.
How Does the No-Fault Law Affect My Claim?
If you’re injured in a car crash in Florida, PIP means two things:
- Your insurance company will pay for your injuries in many cases, no matter who caused the accident.
- There are limits on your ability to sue the at-fault drive in some cases.
The idea behind PIP is that it was supposed to make getting compensation faster after a car crash. It was also supposed to make insurance premiums lower by removing the process of determining fault. It hasn’t worked out that way and Floridians still pay significant premiums for car insurance.
No-fault insurance also doesn’t eliminate claims. For one thing, it doesn’t apply to property damage. Also, it may not apply in cases of catastrophic injury. For this reason, if you’ve been injured in a Florida car accident, always speak to an experienced attorney who can tell you whether you have a claim. A good attorney can also negotiate with insurers to make sure you don’t get a lowball offer that doesn’t cover your expenses.
You’ll also want to speak to an attorney if you were in a collision with an out-of-state driver. Florida’s no-fault laws do not cover motorcycles or nonresident car owners whose car hasn’t been in Florida for more than 90 days over the past year.
The Challenges With No-Fault Laws in Florida
Florida no-fault laws were written in the 1970s, and the minimum insurance requirements remain $10,000 in medical/disability benefits per person per collision as well as $5000 in death benefits. Coverage pays for 60% of disability and 80% of medical care, up to the $10,000 limit. PIP also does not cover pain and suffering or property damage.
Of course, if you’re in a car collision in Miami or anywhere in south Florida, even one visit to the emergency room after a traffic crash can mean more than $10,000 in expenses.
As a result, many car accidents which cause serious injuries result in legal claims. The no-fault insurance pays first, before other coverage, like Medpay, kicks in. If insurance doesn’t cover the damages, you will need to file a claim against any liable parties.
The laws surrounding PIP are also complex. Your doctor needs to submit insurance information for you to be eligible for full coverage. For many drivers who are injured in a car crash in South Florida, the insurance process can be intimidating and confusing.
It’s why drivers end up calling Flaxman Law Group. Our legal team has more than 60 years of combined experience and we take care of it all, from helping you find medical care and a doctor to helping you seek fair compensation for your injury-related costs. PIP can help with some up-front costs but it also makes insurance claims complicated. Our goal is to cut through the confusion and to help you get compensation for your injuries.
To get started, reach out to Flaxman Law Group by calling 866-352-9626 at any time. We can schedule a free, no obligation consultation to help you understand how to secure PIP coverage and how to pursue compensation in your case.