Car Crash Insurance in Florida: What To Do?

Nobody gets on the road expecting to be involved in a vehicle accident. Every day, hundreds of car accidents take place in Florida. Many accidents cause significant damage and injuries. While you're recovering from your injuries, the stress of fighting for the money you deserve can be daunting.

Florida As A No-Fault State

If you live in a no-fault state like Florida, you might be wondering who is to blame for your vehicle accident. Who can you sue for compensation if you are not at fault? Where can you go for assistance, and who will pay for the harm done to you and your property? Many individuals are perplexed by the term "no-fault insurance." This is not to say that there is never any liability in the event of a car accident. It also does not exclude you from contacting a lawyer and seeking compensation for your injuries.

No-Fault State Car Insurance

Each state in the United States has the authority to determine what type of vehicle insurance legislation it will impose. Some states opt for tort responsibility, whereas others opt for no-fault liability. Many states require no-fault state vehicle insurance for personal injury protection (PIP). It is intended to provide compensation to vehicle accident victims immediately through their insurance and is available regardless of blame in the event. Its main purpose is to limit the number of personal injury lawsuits filed by victims of car accidents. In general, PIP policies cover a percentage of the costs of the following damages:

Medical Cost

In Florida, PIP policies will cover up to 80% of emergency medical expenditures up to the policy limit, providing the treatment is performed by a licensed physician, dentist, hospital, or facility controlled by the hospital. The policy will pay up to $2,500 for less serious injuries.

Lost Wages

PIP plans pay a percentage of an injured accident victim's lost wages due to being too injured to work or missing work for doctor's visits or medical treatments related to the injury. PIP insurance in Florida is mandated to reimburse up to 60% of lost wages, based on the individual's income for the 13 weeks preceding the injury.

Death Claims

This includes the costs of a funeral and burial. PIP plans in Florida pay up to $5,000 in death benefits to qualified survivors.

Uninsured Motorists

Uninsured drivers are rather common in Florida. If an uninsured motorist wounds you, your recovery options may be limited because the defendant-driver lacks the insurance coverage (and possibly the personal assets) required to cover your different losses. Under such circumstances, first-party insurance coverage can account for your losses; however, if you lack such coverage, you may want to look into other liable third parties, such as the defendant's employer, a property owner, or even the auto manufacturer a part was defective.

Uninsured Motorists Accidents

According to Insurance Research Council studies, around 13% of U.S. motorists are uninsured or one in every eight. The result is costly in terms of both lives and money: uninsured drivers are involved in more than 12% of car accidents, and the cost of damage nationwide each year is estimated to be $28 billion. Drivers of older vehicles are extremely careless: 40% of vehicles older than 15 years are driven by uninsured drivers. If you live in Florida, your chances of being hit by an uninsured driver are higher than the national average. This is because 3.2 million motorists – or approximately 26.7 percent of Florida's licensed drivers – do not have bodily injury insurance. Furthermore, because Florida law does not compel motorists to have uninsured or underinsured motorist coverage, many drivers are underinsured.

Personal Injury Protection (PIP) Claims

Suppose you or a family member is in a car accident with an uninsured motorist and does not have Uninsured Motorists coverage. In that case, you could lose your opportunity to collect for future medical expenses, lost earnings, and non-economic damages such as lifetime impairment and pain and suffering. Your health insurance and Personal Injury Protection (PIP) will only cover the bills you have received for the degree of your injuries as of today, not any future losses due to this accident. The legislation mandates drivers in Florida's hybrid no-fault insurance system to carry Personal Injury Protection (PIP), compensating the insured motorist and household members for medical treatment regardless of who is at fault in an accident. PIP covers the costs of medical treatment, lost wages, and incidental medical care expenditures – but not pain and suffering, future medical care, future loss of earnings, loss of future earning ability, or disability. PIP coverage is typically restricted to $10,000 in medical and disability benefits and $5,000 in death benefits resulting from physical injury or death caused by the insured motor vehicle's ownership, maintenance, or use.

Bodily Injury Liability (BIL) Claims

Bodily injury coverage protects you against claims for the accidental bodily injury of third parties injured in a collision involving an insured motor vehicle. This coverage excludes the named insured and family members. Florida law does not require the purchase or maintenance of bodily injury liability insurance. As a result, many Florida drivers are uninsured or underinsured if they cause an accident that results in bodily harm to another person. Suppose you are injured in a traffic collision caused by one of the 24% of Florida drivers who do not have this bodily injury liability insurance. In that case, your reimbursement is limited to your PIP coverage unless you have an Uninsured Motorist policy. The law distinguishes three kinds of injuries that fall into these categories:
  • Significant and permanent loss of an important bodily function (i.e., loss of eyesight or mobility);
  • Significant and permanent scarring or disfigurement (i.e., permanent scarring due to burns or a protruding bone fracture); and,
  • An injury other than scarring or disfigurement that is likely to be permanent "within a reasonable degree of medical probability."

Filling A Claim In Your Insurance

When you register an automobile in the state of Florida, you must acquire minimum-acceptable insurance coverage. According to current law, you must acquire insurance that includes at least:
  • Personal injury protection (PIP) for $10,000, and
  • Property damage liability of $10,000 (PDL).
When you are wounded in an automobile accident, state law requires you to seek assistance from your own insurance company. This is true whether or not you were at fault for the accident. Just because you must seek compensation from your insurer does not preclude you from filing a personal injury case. State law merely requires you first to seek reimbursement for your injuries from your insurance provider. You should file a personal injury claim with your car insurance carrier as soon as possible following your accident. Use the information you acquired following the accident to back up your compensation claim. You do not have to go through your insurance first if you incur property damage in an automobile accident. You have the option of going after the person who caused the crash. Make an appointment to have the damage to your vehicle and other property assessed as soon as possible. Delaying this evaluation may jeopardize your ability to receive compensation in the end.