Drivers in Florida have probably heard that Florida is a “no-fault” state. While you may have heard of the term, do you know what it means? How does it factor into your car accident? Is no one really at fault if there is a car accident? As a Florida driver, it is important to understand what living in a “no-fault” state actually means.
When it comes to Florida personal injury law, the term “no-fault” has to do with car insurance. It does not have an affect on car accidents, in that someone can certainly still be found at fault for an accident. No-fault refers only to an individual’s auto insurance policy. Florida adopted the no-fault insurance policy in 1971. It was only the second state in the United States to do so. The policy was originally intended to reduce the number of personal injury claims that were filed following a car accident. However, it does not eliminate the possibility of a personal injury lawsuit.
No-fault insurance lets drivers collect insurance proceeds after an accident, even when they caused the crash. In other words, insurers do not base payment on fault. Lawmakers implemented the no-fault insurance standard for several reasons. These reasons include:
- Give individuals involved in an accident the ability to collect from their insurance policies, even if they were found to be at fault in the accident.
- Reduce personal injury suits by encouraging collection via insurance policy
- Lower auto insurance premiums
- Eliminate inequities caused by the at fault system previously implemented.
If you drive in Florida, you must carry Personal Injury Protection insurance. Most people call it PIP. A PIP policy covers medical costs, lost wages, and death benefits after a car accident. However, a PIP policy does not cover everything. For that reason, no-fault insurance does not completely eliminate the option to file a personal injury claim and recover damages. People who cannot recover all damages through insurance still need compensation for their injuries. A personal injury lawsuit gives them a way to seek additional damages. This rule applies even when a driver shares some fault for the accident. In a personal injury lawsuit, Florida law reduces the damages award by the plaintiff’s percentage of fault.
PIP insurance does not cover damage to your personal property, such as your car. Instead, you must rely on an additional insurance policy or the other driver’s insurance to cover your vehicle damage. If the other driver lacks insurance or enough coverage, you may include those damages in a civil lawsuit.
If another person’s negligence or wrongful conduct injured you in a car accident, the personal injury attorneys at Dennis Hernandez Injury Attorneys are here to help. We know how frustrating insurance companies can make this process. Let us help you recover after an accident by identifying your legal options. We want to pursue the best possible compensation for you under the circumstances. Contact us today for a consultation.
