Florida’s No-Fault Laws

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Ways in which a Personal Injury Attorney Can Help with Your Claim

A skilled personal injury attorney can be a game-changer in car crash injury cases. They can:

How Does Florida’s No-Fault Laws Affect Your Auto Accident Claim?

In Florida, every driver is legally required to carry personal injury protection (PIP) insurance instead of bodily injury liability insurance because, by default, every driver’s own insurance is supposed to cover their own injury costs.

In other words, even if you have ample evidence proving the other driver’s recklessness or negligence caused your crash and injuries, you may not be able to pursue compensation from them due to the state’s no-fault insurance laws.

What Is No-Fault Insurance?

No-fault, or personal injury protection insurance, covers the medical treatment, lost income and funeral expenses resulting from an auto accident for the driver. It only covers 80 percent of medical costs and 60 percent of lost income – and it covers no pain and suffering. Put simply, after a car crash, you seek compensation for damages from your insurance provider instead of the other driver’s, regardless of whether they’re at fault.

Minimum insurance requirements in Florida include:

In other words, the other driver’s coverage may pay for damage to your vehicle or vehicle replacement (up to $10,000), but not your injuries. The PIP payments may also be limited if the insurance company deems your injuries to be minor.

No-fault insurance laws do not prevent drivers from suing each other. Florida, like other no-fault insurance states, has a “serious bodily injury” threshold to ensure people who suffer serious injuries due to the reckless or negligent behavior of other drivers aren’t forced to pay out of pocket. You can find the definition of what constitutes serious bodily injury in Florida Statute 316.027, but in short it’s any injuries that result in:

What types of injuries reach or exceed these thresholds are somewhat subjective, but typically, if your medical bills exceed the $10,000 PIP limit, you will likely be able to sue the other driver. If you’ve been involved in a car crash in Boca Raton caused by another person and want to learn about your options, you should contact a local auto accident lawyer.

What Are the Benefits and Drawbacks of the No-Fault System for Car Crashes in Boca Raton?

Advantages of PIP

Less Complicated

Because you’re filing with your own insurance provider, you can avoid the hassle of negotiating and arguing with the other driver and their insurance provider. If you’re the victim of a hit-and-run and weren’t able to ascertain the other driver’s identity, you can still receive compensation through your PIP insurance.

Less Uncertainty

Since you don’t have to file with another driver’s insurance company, the pipeline for compensation tends to be simple and straightforward, giving you a better chance of receiving compensation more quickly than you otherwise could.

Disadvantages of PIP

Less Coverage

Serious injuries are not uncommon in car crashes in Boca Raton. Many drivers and passengers suffer devastating head and spinal injuries that can permanently impact their mobility, degrading their ability to earn a living and worsening their quality of life. The policy limit of $10,000, which doesn’t entirely cover medical costs or lost wages and offers nothing for pain and suffering, often isn’t sufficient to cover initial treatment, let alone the ensuing costs of rehabilitation and life management.

Less Compensation

PIP insurance typically only covers up to 60 percent of lost wages and 80 percent of medical bills, exclusive to physical injuries. The policy doesn’t provide coverage for pain and suffering, nor will it cover damages to your vehicle or property resultant from the accident.

Even in best-case scenarios, people relying on PIP after being injured in a Boca Raton car crash will be forced to pay something out of pocket.

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What Does No-Fault Insurance Mean for Occupants in an Auto Accident?

If you’re an occupant in a car crash, you would typically pursue compensation through your own PIP insurance. However, if you don’t have a car, you may not have PIP insurance. In that case, you may be covered by the driver’s coverage – though this can be problematic for both drivers and passengers. Combined medical costs can quickly surpass the $10,000 policy limit, forcing occupants to pay the remaining medical costs out of pocket  – which many may not be able to afford.

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// VEHICLE ACCIDENT FAQ’S

Frequently Asked Questions About Vehicle Accidents

Florida is one of about a dozen states in the U.S. that follow no-fault insurance laws and mandate drivers carry PIP insurance if they want to register their vehicle. A few, like Kentucky, New Jersey and Pennsylvania, give drivers the option to opt out of the no-fault system and get normal bodily injury liability insurance.

Florida is also the fourth most expensive state for auto insurance, costing the average Florida driver around $1,426 monthly in contrast to the nationwide average of $1,057. This may surprise drivers since most PIP policies only provide a paltry amount of coverage and inevitably force victims of auto accidents to pay something out of pocket.

PIP insurance’s limit of $10,000 was introduced nearly 50 years ago in 1979 and hasn’t changed despite inflation and rising costs. In 1979, you could have bought a house for $15,000. Adjusted for inflation, $10,000 in 1979 dollars is equivalent to roughly $45,000 in 2024 dollars, and yet the PIP limit remains the same.

The goal of the no-fault system was to provide victims with an efficient means of receiving compensation with minimal conflict while reducing the volume of civil torts pursued annually – but that’s seldom the end result.

More often than not, no-fault insurance tends to benefit the at-fault drivers. It allows them to avoid litigation and consequences for their negligent behavior while the victims are left to cover their own damages, paying increased insurance premiums in addition to out-of-pocket treatment costs.

The good news for drivers in Boca Raton is the $10,000 PIP is just the mandatory minimum for auto insurance in Florida, meaning you can still add other types of coverage, including your comprehensive auto insurance, collision coverage, uninsured or underinsured motorist coverage and liability coverage.

Liability coverage, in particular, can be crucial for protecting yourself from lawsuits if you cause a crash that results in serious injuries.

At Kanner & Pintaluga, the auto accident attorneys at our Boca Raton office will help you file a claim against the at-fault driver if your medical costs exceed your PIP coverage limits or you’ve suffered serious, debilitating or disfiguring injuries.

Your ability to sue tends to be a fickle variable that depends on the specifics of your case. That said, you can usually sue the other driver if:

  • • You’ve suffered severe injuries or your property has been significantly damaged
  • • Your PIP coverage isn’t sufficient to cover your damages

 

You may not be able to sue the other driver if:

  • • Your injuries or damages can be adequately covered by your PIP coverage
  • • You’re more than 50 percent at fault for the accident
  • • More than four years have passed since the accident occurred

Hire Experienced Boca Raton Auto Accident Attorneys to Fight on Your Behalf After an Accident

If you or a loved one has been in a serious auto accident, the Boca Raton auto accident attorneys at Kanner & Pintaluga will file your claim promptly and aggressively pursue the compensation you deserve. Call (800) 586-5555 to discuss your case with one of our auto accident attorneys today.

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The team at Kanner & Pintaluga understand how frustrating being involved in a car crash can be. Losing your transportation, having to take time off work to recover, being unable to pay bills due to lost wages and dealing with the pain and suffering of serious injuries can significantly decrease your peace of mind and quality of life. Call today for a free consultation.

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