Florida is one of the no-fault insurance policy states. Many drivers are attempting to understand what no-fault insurance is and whether they will actually get away with an accident.
Below is a definition of what no-fault insurance in Florida is:
What Does the Law Say?
Florida motorists must have at least $10,000 worth of personal injury protection coverage or PIP. PIP is a form of coverage that will cover medical bills and compensate for lost wages that an individual can claim for being in an accident. This insurance coverage will compensate the individuals in an accident regardless of who the individual is.
When a car accident happens in a no-fault state like Florida, drivers will have the ability to file a claim with their insurance company and know that all of their medical bills can be covered. In a state where there is at-fault insurance, drivers will have to file a claim with their insurance company for the driver and then sue the other driver to determine fault on who pays damages.
It is a lot easier to get damages back in a jurisdiction like Florida with PIP and no-fault coverage.
No-Fault Insurance Is Not the Same as Everyone Being Faultless
No-fault insurances just means that your insurance company will take care of the process of your claim and that they will pay for your damages regardless of who was determined to be at fault in the accident. Any other party’s insurer will make the same guarantee.
In multi-driver accidents, insurance providers will always assign fault in a percentage to more than one driver involved in an accident, and there is a possibility to sue an at-fault driver for exceptions.
Exceptions in Florida
Certain circumstances may arise in which a driver can sue another driver if he feels that he is responsible for the accident. Among the most frequent scenarios where fault would be on the other party is when the driver has a permanent injury from the accident. In the event of a person who is permanently disabled or injured after an accident, he/she would be exempted from a no-fault finding. It is on this exemption that it would be possible to sue another driver for medical costs in his/her situation. Also conceivable is the driver’s right to sue for intangible products like pain and suffering.
Fault Determination
Every insurance agency has a mechanism for determining fault and whether it’s their client’s fault that led to a subsequent accident. If you believe that you don’t agree with an insurance company’s ruling that you were at fault, then it’s likely that you can complain to your insurance company or make a formal case for a review. It is also likely that you can initiate a formal action against your insurance firm before the courts over how they might have acted on your case if you are held at fault.
How Will Your Fault Accident Affect Your Insurance Premium?
If your insurance provider has determined that you were responsible for an accident, they may decide that you must pay a portion or all of a deductible to cover the expense of repairing damage to your vehicle. Your insurance provider may also try to raise your premium somewhere down the road. If you do get tempted to change insurance companies so that you can try to get a lower rate, keep in mind that fault determination is against you on your record and thus you will continue to go on getting rate increases every time you try to renew your insurance coverage or while comparison shopping for new rates on insurance.
Where No-Fault Insurance Is Advantageous
Unlike insurance providers who struggle to pay the initial premiums at the time of accidents, no-fault coverage does away with some of the high costs of battling lawsuits, as providers would be required to settle against one another.
By cutting out spending money on an accident, you will get your money earlier than you need and cut off a line of other expenses that will be incurred in an accident. No-fault insurance is more useful if your accident is light and injuries aren’t severe.
You Should Be Well-Covered
If you reside in the state of Florida, no-fault insurances is not the first level of protection that you have access to. You should ensure that you are adequately covered if anything were to happen to you, so that you are well-prepared if any legal action were to be pursued against you. Make sure you get an opportunity to review your insurance policy occasionally, and you are privy to coverage that you are legally required to have for no-fault insurance.
Bottom Line!
Being a resident of a no-fault state, such as Florida, means that your insurance is of utmost importance after the accident. Waiting too late, unaware of your policy, is not sufficient. Get properly covered, informed about your rights, and with proper coverage in effect. Read your policy, have questions answered, and talk to a sound insurance professional today—because being prepared is having your best protection on the highways.
Contact Jenkins Law today for a proper way to claim your insurance.
