Common questions are about what rights someone has when they are in an accident. Sometimes drivers are at fault and sometimes drivers are not at fault. Please accept this blog post as a brief summary of this issue, but of course every case has to be based on the specific facts of that case.
Here is an example. Mary and Joseph are in an accident. Mary is stopped at a red light. Joseph crashes into her car from behind. Joseph acknowledges fault. Joseph receives a ticket. They both go to the hospital. They both miss a week of work. They both go to doctors and are found to have sustained permanent injuries (required by law to be entitled to pain and suffering per earlier blogs). What are their rights and what are the differences between them?
As to the car, Mary can make a claim against Joseph’s property damage coverage. Since Joseph is at fault, his insurance company should fix Mary’s car. There would be no deductible and Mary would not owe anything out of pocket through Joseph’s insurance. Joseph on the other hand cannot get his car fixed through Mary’s insurance. If Joseph has collision coverage, then he could get his car fixed through his own insurance but there likely would be a deductible, somewhere between $250 and $1,000. If Joseph does not have collision coverage, then he would have to fix his car and pay for it in full.
In Florida, PIP pays for 80 percent of medical bills and 60 percent of lost wages to a total of $10,000.00, without regard for fault. Therefore, Mary and Joseph’s rights in terms of the PIP coverage are the same in that 80 percent of their medical bills and 60 percent of the time they missed from work will be the same. However, Mary will have a claim against Joseph for the 20 percent out of pocket expenses and the 40 percent wages. Joseph will not be able to make that claim against Mary or her insurance company. If Joseph has health insurance, he can seek to have unpaid medical bills paid through his health insurance. If Joseph has some for short term disability insurance like sick leave, then he can get additional monies from that source.
The last issue that would remain would be the issue of pain and suffering. In Mary’s case, she would have a claim for pain and suffering to extent that she has permanent injury (or death; or permanent disfigurement; or significiant scarring). Joseph would not have a claim for pain and suffering.
Every case is different and must be judged on its merits and on the specific facts of the particular matter. It is a good start to get a consultation regarding an accident or injury case in case this happens to you. The advice contained in this blog is intended to be of general matter and not as to a specific situation, so please call a licensed Florida attorney, like the lawyer at the law offices of Gary J. Drucker, to determine if and how Florida law applies to your case.
