In 2022, Florida has seen over 3, 97,600 car crashes, according to a report by FLHSMV.
With this ever-increasing car crash rate in the state, owning an auto insurance policy is not enough. You need to be aware of the Florida car accident law to know your legal rights and the protocol to follow after an accident.
In this blog, we will learn about Florida’s No-Fault law as well as the steps to be taken if you are ever involved in a car accident.
What Is Florida’s No-Fault Law?
Florida has a “no-fault” car insurance system.
This means that if you are involved in a car accident, you are allowed to file a claim with your insurer, no matter if you have caused the accident or not. Even your insurance will pay for your medical expenses and lost wages if you are hurt. This coverage refers to Personal Injury Protection or PIP. All drivers in Florida need to have PIP.
This system makes it easier to get money after an accident. You don’t have to prove who was wrong.
Key Points of Florida’s No-Fault Law
Personal Injury Protection (PIP)
Personal Injury Protection (PIP) is a mandatory insurance policy for all drivers in the state of Florida. PIP pays for hospital bills, missed income, and additional expenditures up to 14 days after the accident. Regardless of who is at fault, this coverage is intended to offer prompt financial support for injuries received in a vehicle accident.
Threshold Law
You can file a personal injury lawsuit against an at-fault driver for personal injury if your injuries fulfill certain requirements, such as death, permanent disability, or severe deformity.
This is a critical point because it allows you to seek additional compensation beyond what PIP covers if your injuries are severe.
PIP Limitations
It’s important to understand that PIP coverage has its limitations.
There are caps on the amount of medical expenses and lost wages that can be covered under PIP. For example, PIP typically covers up to $10,000 in medical expenses and up to $10,000 in lost wages, but these amounts can vary depending on your policy. Understanding these limits enables you to control expectations and make plans for unforeseen costs.
Deductibles
Some PIP policies come with deductibles, which are the amounts you must pay out-of-pocket before your insurance coverage kicks in.
PIP deductibles in Florida are capped at $2,000. It means that PIP deductibles can be as high as $2,000, but they can’t go any higher. You have to pay up to $2,000 before your insurance starts covering your medical bills. Deductibles can vary and may be $250, $500, or $1,000.
Your Rights After a Car Accident in Florida
Dial 911
Call emergency services immediately. Even if you don’t feel injured, it’s crucial to seek medical attention right away. If it’s safe, stay at the accident scene.
Moving your vehicle could hinder emergency response efforts or cause further accidents.
When speaking with the 911 operator, be as specific as possible about the accident location. Include details like highway mile markers, nearby intersections, or landmarks.
Avoid discussing fault or blame with the operator. The most important thing is to get help and ensure everyone’s safety.
Report the Accident to the Police:
While not all Florida car accidents require a police report, especially minor fender-benders, it’s essential to contact law enforcement for incidents involving hit-and-runs, significant property damage, or personal injuries. If you’ve already called 911, the operator should have notified the police.
However, it’s still important to file a formal report, as it can be crucial for insurance claims or legal proceedings, particularly in cases of negligence or accidents involving intoxicated drivers.
File a PIP Claim
Make sure to contact your insurance provider to submit a PIP claim after experiencing an automobile accident.
Initiating this process as soon as feasible will guarantee that you get the rewards to which you are entitled. Your car insurance provider will explain the entire claims process and guide you with the required paperwork.
Seek Medical Attention
It’s wise to see a doctor as soon as possible after an accident, even if you don’t feel injured. If it’s safe, remain at the accident scene.
Even though many injuries might not be seen immediately away, it’s crucial to get a quick medical checkup to protect your health and keep track of any injuries. This paperwork will be essential if you need to later file a claim or take legal action.
Understand Your PIP Coverage
Review your PIP policy in detail to make sure you understand the limits of your coverage and any associated deductibles.
Knowing the specifics of your policy will help you manage your medical expenses and navigate the claims process more effectively. Make sure to clear your doubts with your insurance company.
Consider Filing a Personal Injury Lawsuit
You might be able to sue the at-fault driver for personal injury if your injuries exceed the legal thresholds established by Florida law. If you have suffered significant injuries or your damages exceed the PIP coverage limits, you must take this action.
In this scenario, you should reach out to an experienced attorney.
Important Considerations
While Florida’s no-fault system simplifies the initial process by providing immediate compensation through PIP, it’s crucial to be aware of the limitations and requirements of the coverage.
The no-fault system aims to offer drivers quick support, but it doesn’t cover every expense or damage. By being aware of these limitations, you can better manage the aftermath of an accident and make sure you get the full compensation you deserve.
Conclusion
Dealing with the aftermath of a car accident can be difficult, but knowing Florida’s no-fault law and your rights within this framework can make the process easier.
By filing a PIP claim promptly, seeking medical attention, understanding your coverage, and considering legal action if necessary, you can manage the situation more effectively and secure the compensation you need. If you have questions about specific aspects of Florida’s no-fault law, you can get in touch with us at Arte Insurance.
