Today’s topic deals with a phrase that has many people confused: Florida No-Fault insurance. Please accept today’s topic and response from the accident lawyer from Boca Raton (injury lawyer Delray Beach, accident attorney Pompano Beach, injury attorney Deerfield Beach).
The concept of no-fault insurance was really intended to be sure that following an accident in Florida, that there is some insurance to pay medical bills and lost wages. Thus, all car owners in Florida are required to have, at a minimum, PIP/NO-fault coverage (note: also you are required to have $10,000 of property damage coverage to fix the other person’s car if you are at fault). PIP stands for personal injury protection and essentially means that your own insurance will pay your medical bills (80 percent to $10,000) and wages (60 percent up to the same $10,000), REGARDLESS of fault. Thus, the no-fault part of Florida car insurance laws basically states you are are self insured for most car accidents, FOR MEDICAL BILLS AND LOST WAGES. Again, it only pays 80 percent of medical bills and 60 percent of wages and generally caps at $10,000. In terms of the 20 percent of unpaid medical bills, the 40 percent of lost wages and any medical bills or wages that goes over and above the $10,000 cap, Florida is on a fault system. In other words, if someone else is at fault, you can sue them for those unpaid medical bills and wages and pain and suffering is certain proof is made. In terms of damages to the car, again we are on a FAULT system. The other person’s insurance will pay to fix your car or total it out, if they determine their insured to be at fault. If you are determined to be at fault AND if you have collision coverage, then your own insurance will fix or total your car out (minus your deductible). Otherwise, if you are at fault and do not have collision coverage, then you will be responsible to fix your own car.
Yes, fault does matter in Florida car accidents. Your medical bills and lost wages are paid in part through your own insurance WITHOUT regard to fault but otherwise, we are on a fault system. You also may purchase collision coverage that will fix your own car if you are at fault, but that is optional coverage and must be on the car at the time of loss.
If you have been injured in an accident where you believe the other car or the place where you were fell is at fault, please call Drucker Law Offices for a free consultation at 561-483-9199 (Boca Raton Main office) or 954-755-2120 (Coral Springs satellite office) or 305-981-1561 (Miami satellite office). The law firm works on a contingency fee basis which means we only charge fees if we recover money for you. It is a free consultation at any of our offices or at your home, your doctor office or at the hospital if necessary. We will help you get your car fixed or totaled out, when we are representing you for injuries from a car accident.
Of course, every case is unique and has to be judged based on the specific facts of the case. The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as a slight difference in the facts could ultimately change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or another country could vary significantly from Florida.
