Florida is one of several states that have what is commonly referred to as a “no-fault” insurance law; however, the term “no-fault” can be misleading to motorists involved in a collision. As attorney Paul Reed explains in a recent segment of Lawyer Podcast, a more accurate term for Florida’s insurance law would be “regardless of fault.”
How Does Florida’s No-Fault Insurance Law Work?
Florida’s no-fault insurance law mandates all drivers to carry a minimum amount ($10,000) of Personal Injury Protection (PIP) insurance coverage. In the event of a collision, your own PIP coverage pays for medical bills and lost wages regardless of who caused the accident; however, PIP insurance only covers 80 percent of your medical bills up to $10,000 and lost wages at the rate of 60 percent. Furthermore, non-economic damages, such as emotional pain and suffering, are not covered by PIP insurance.
Listen to Paul and Jason discuss this case on the LiveFeedReed podcast
The intent of the no-fault law is to allow anyone injured in a minor motor vehicle accident to receive medical care and recover lost wages quickly and efficiently without the need for litigation. If an accident results in more serious injuries, an injured party may pursue additional compensation, including compensation for physical and emotional pain, disfigurement and scarring, and mental anguish, through a traditional personal injury lawsuit.
Does Fault Actually Matter?
To pursue a traditional personal injury lawsuit, an injured party must meet the “serious injury” threshold which can only be established by proving that the crash resulted in one of the following:
- Significant and permanent loss of an important bodily function.
- Permanent injury within a reasonable degree of medical probability.
- Significant and permanent scarring or disfigurement.
- Death.
Along with establishing injuries that meet the serious injury threshold, you must prove that another party’s negligence caused or contributed to the accident to be successful in a Florida personal injury lawsuit. In other words, fault absolutely does matter.
By way of illustration, imagine that you are involved in what appears to be a relatively minor accident on a Sunday afternoon. Another vehicle ran a red light and t-boned your vehicle, but you were both only going about 25 m.p.h. at the time. Although you bumped your head in the collision, you felt well enough to drive yourself home following the accident. Regardless of fault, your PIP insurance coverage will pay for your medical bills and lost wages (up to the limit) and the other driver’s PIP insurance will pay for their medical bills and lost wages. If your injuries remain minor, the issue of fault will never be addressed. If, however, it turns out that you suffered a traumatic brain injury in the collision, proving that the other driver was at fault will play a pivotal role in recovering maximum compensation for all your injuries in a personal injury lawsuit.
What Should I Do If I Am Involved in a Florida Car Accident?
Despite being referred to as a “no-fault” insurance state, fault does matter in a Florida car accident. If you find yourself involved in a car accident, rest assured that your own PIP insurance will cover medical bills and lost wages. Keep in mind, however, that fault is relevant. To ensure that your rights are protected following a car accident, always contact the police and file a report, take pictures of vehicles and the scene of the accident, and exchange information with the other parties. Most importantly, do not ever accept blame for an accident yourself under the mistaken belief that fault does not matter. Always consult with an experienced Florida car accident attorney first to determine your legal options.