Florida is one of twelve states that follow a no-fault insurance system. We also happen to have a high percentage of tourists travelling on our roads, so there is a greater likelihood of dealing with a complicated insurance claim when you are involved in a car accident. Understanding how your personal injury protection (PIP) policy works, how the state defines liability, and when comparative negligence laws apply could be crucial to securing a fair settlement for your losses.
A car accident attorney in Florida with our law firm discusses these topics in the article below. If you have been in an accident and need legal assistance, our attorneys can help protect your rights.
Florida’s No-Fault System and PIP Insurance
Personal injury protection (PIP) is a mandatory insurance policy all resident drivers in Florida must carry, per Florida Statutes § 627.736. Under Florida law, you must carry a minimum of $10,000 in coverage. This insurance policy is available to you regardless of fault and provides the following benefits:
- Medical expenses: 80% of your reasonable and necessary medical care
- Disability benefits: 60% of your lost wages
- Death benefits: $5,000 per individual
Under this policy, you may not seek pain and suffering, and you may not file a lawsuit against the other driver. Also, you must see a doctor within 14 days of the accident if you intend to use your PIP coverage. It should also be noted that the policy limit of $10,000 could be insufficient to cover your medical bills, but the state does provide an exception.
If you suffer what the state defines as a serious injury, you can step outside the no-fault system. Serious injuries could include:
- Loss of a bodily function
- Permanent injury
- Permanent scarring or disfigurement
The law also recognizes death as an exception. Under this law, you would have the right to file a personal injury lawsuit against the at-fault driver and seek maximum compensation.
An auto accident attorney in Florida can review your case and explain whether your case meets the serious injury threshold.
Liability in Florida Car Accident Cases
Liability is the legal responsibility for causing harm or damage to another person. In a car accident case, it refers to determining who was at fault for the crash and is therefore responsible for paying for injuries, property damage, and other losses.
Florida car accident lawyers determine liability through the collection and examination of evidence, such as:
- Police reports,
- Medical records
- Accident scene photos and video footage
- Witness statements
- Expert testimony
In most instances, liability will fall on the at-fault driver, but that is not always the case. Other parties could share in that fault, such as
- An employer
- A rideshare company
- A product manufacturer
- A local municipality
Your Florida accident attorney will have the resources to investigate and prove liability in your car accident.
Comparative Negligence in Florida
When more than one party is involved in an accident, Florida law recognizes that each party could have contributed to it. Known as a modified comparative negligence rule, per Florida Statutes § 768.81, each party is assigned a degree of fault. That percentage will reduce the compensation they may collect. However, if any party is greater than 50% at fault, they are barred from recovering any compensation.
For example, if a car accident claim is valued at $100,000, and you are found to be 15% at fault, your compensation would be $85,000.
Insurance companies are aware of this law, and some will try to place a greater percentage of blame on you to limit their liability. Our Florida personal injury attorneys can protect you from these tactics and ensure fault is accurately proportioned.
Why You Should Contact a Florida Car Accident Attorney
You can handle your personal injury claim on your own, but you may want to reach out and consult with a lawyer if you experience such things as the following:
- You have suffered severe injuries, and the insurance company is questioning every expense
- Multiple insurance companies are involved, and there are disputes over liability
- The insurance company is slow to respond and offers a settlement that seems too low for the losses you are facing.
A lawyer can step in and do the following for you:
- Navigate insurance laws and keep your case on track with statutory deadlines
- Identify all liable parties to maximize your compensation
- Protect you against unfair assessments of fault
- Give you peace of mind during recovery
This legal aid can be especially important if the at-fault driver did not stop. Our hit and run attorneys in Florida can explain your legal options for compensation and possibly locate the driver afterward.
Your Next Steps After a Florida Hit and Run Accident
If you have been in a hit and run, we recommend the following actions:
- Call 911 so the local law enforcement can generate a police report
- See a doctor immediately
- Document the accident scene with photos and notes
Then, call the Law Offices of Wolf & Pravato.
Reach Out to Our Florida Hit And Run Accident Lawyers Today
Understanding how your personal injury protection, car accident liability, and comparative negligence work can give you a realistic expectation of the compensation you may be able to secure. Call (844) 643-7200 the Law Offices of Wolf & Pravato today and speak to a member of our legal team.
The initial consultation is free. We can explain your legal options and the next steps you should take. Plus, our attorneys work on a contingency fee basis, so there are no upfront fees. Instead, we only collect compensation if you win.
Contact us for the legal representation you and your family deserve.