After a motor vehicle accident in Florida, the state typically follows the “no-fault” auto insurance laws. Under this system, each driver’s insurance company pays for their medical bills and other expenses regardless of who was at fault for the accident.
However, this raises questions about whether the at-fault party is entirely absolved of liability. It is essential to understand when a Florida personal injury lawyer can help.
What are Florida’s “No-Fault” Laws?
Florida operates under a no-fault auto insurance system, which means that after an accident, each driver turns to their own insurance company to cover their medical expenses, regardless of who was responsible for the accident. This system is designed to ensure injured parties receive compensation immediately without needing to determine fault through lengthy legal proceedings.
The state requires all drivers to carry Personal Injury Protection (PIP) insurance, which covers medical expenses and other related costs, such as lost wages and funeral expenses, up to a specific limit. The minimum PIP coverage required in Florida is $10,000. Additionally, drivers must carry Property Damage Liability (PDL) insurance to cover damage caused to the other party’s property in an accident.
While the no-fault system provides a simplified process for individuals to receive compensation, it also limits the ability of accident victims to sue the at-fault party for damages beyond what is covered by their insurance policies. However, there are exceptions to this rule.
Exceptions to No-Fault Laws
Despite Florida’s no-fault laws, there are situations in which an injured party may pursue a lawsuit against the at-fault driver. These exceptions typically involve cases where the injuries are severe or meet specific criteria specified in the law. Some common exceptions include:
- Serious Injuries: If the injuries sustained in the accident meet the threshold for “serious” under Florida law, the injured party may pursue a lawsuit against the at-fault driver. Serious injuries may include permanent disfigurement, significant scarring, permanent impairment, or the loss of a bodily function.
- Death: If the accident results in the death of a party, their surviving family members may pursue a wrongful death lawsuit against the at-fault driver.
- Intentional Misconduct: If the at-fault driver’s actions were intentional or involved gross negligence, the injured party may be able to sue for damages beyond what is covered by their insurance policy.
- Out-of-State Accidents: If the accident occurs outside of Florida and the at-fault driver is from a state without a no-fault insurance system, the injured party may be able to sue for damages under the laws of the state where the accident occurred.
Liability of At-Fault Parties
While Florida’s no-fault system limits the ability of injured parties to sue the at-fault driver for damages, it does not absolve the at-fault party of all liability. In cases where the injured party meets the criteria for one of the exceptions mentioned above, the at-fault driver may still be held responsible for additional damages.
In a lawsuit involving a severe injury or wrongful death, the at-fault driver may be required to compensate the injured party for a variety of damages suffered in the accident that is not covered by their insurance policy, such as lost wages and pain and suffering.
Additionally, if the at-fault driver is uninsured or underinsured, they may be personally liable for damages exceeding their insurance coverage limits. Seeking help from a personal injury attorney in Florida can ensure you get the compensation you deserve.
Determining liability in a car accident can be extremely challenging as it often requires a thorough investigation of the crash’s circumstances. Factors such as road conditions, weather, and driver behavior may all play a role in determining fault. Working with a personal injury attorney in Florida can help you better determine fault in the accident and take legal action against the responsible party.
Considering Comparative Negligence Laws in Car Crash Cases
While Florida is a no-fault state for auto insurance purposes, meaning that each driver’s insurance typically covers their medical expenses and damages regardless of who was at fault for the accident, the concept of comparative negligence can still impact the outcome of a case.
Comparative negligence is a legal principle determining the amount of fault shared between multiple parties involved in an accident. Under Florida’s pure comparative negligence system, each party’s degree of fault is determined, and their percentage of fault reduces their recovery of damages.
This means that even if an injured party is partially responsible for causing the accident, they can still recover damages. Still, the amount they receive will be reduced based on their percentage of fault. A dedicated personal injury attorney in Florida can help you get the maximum compensation for your damages.
Let Our Florida Personal Injury Lawyer Help
At Zimmet & Zimmet, our priority is ensuring our clients receive the justice and compensation they deserve after a motor vehicle accident. Our contingency-based fee structure allows us to work tirelessly on your case without adding additional financial burden to you or your family. Contact our Florida personal injury lawyer to schedule a free consultation to discuss your legal options.
