Who Pays the Car Accident Deductible?
Generally, you are responsible for your insurance deductible when you file a claim. This includes claims based on your personal injury protection (PIP) insurance coverage after a Florida crash. You will pay the deductible amount, and then the insurer will step in to pay up to the policy maximum.
You may have additional options if you suffered serious injuries in a Florida accident. A car accident attorney from the Law Offices of Wolf & Pravato may be able to help you sue the at-fault driver or seek compensation in another way. Call (954) 633-8270 to learn more.
Understanding Deductibles After Auto Accidents in Florida
Almost all types of insurance policies have deductibles. This includes your health insurance, homeowners insurance, and PIP coverage. The deductible is the amount you are responsible for paying before the insurance company steps in.
According to the Florida Bar, all car owners must have a no-fault policy that covers at least $10,000 in PIP and $10,000 in property damage liability. These policies will each have a deductible. It could be up to:
- $1,000 for PIP
- $500 for property damage liability
You might also have a deductible following a crash if you file a claim based on your collision policy to repair your car. Your collision insurance will likely require you to cover the first $250, $500, or $1,000, depending on your policy’s terms. It might be possible to recover compensation for some deductibles—including collision and med pay—if your insurer uses subrogation to get money from the at-fault driver’s insurer.
Your insurance policy should clearly state your deductible for a particular type of coverage. Many people who suffer relatively minor injuries in a Florida crash must only pay the deductible for their PIP policy. After the deductible, this policy should pay:
- 80 percent of medical bills up to policy limits
- 60 percent of lost income up to policy limits
How Do Insurance Claims Work After a Florida Car Accident?
Florida has no-fault motor vehicle statutes beginning under Florida Statutes § 627.730. The state requires PIP coverage, the insurance available for most who are hurt in car accidents. They file a claim based on this policy to receive money for their medical care, income losses, and some related expenses.
Under some circumstances, these laws allow those with more serious injuries to pursue fault-based damages. The law will enable them to sue the driver who caused the crash and seeks fair compensation based on their expenses and losses. This could include:
- Medical bills
- Future care costs
- Lost income
- Non-economic damages
Even though this rule gives them the right to sue, most of these cases do not go to trial. Instead, the at-fault driver’s insurer negotiates to settle the case out of court. Going to trial generally takes longer and costs more than negotiating a settlement, which is why many aim to avoid this outcome.
Our Florida personal injury lawyers frequently settle for fair compensation for our clients, avoiding the expense and stress of a trial while still getting them the money they need. However, our trial lawyers will not back down. We will take a case to trial when it is in our client’s best interests.
How Can I Learn More About My Legal Options After a Florida Crash?
You could have more options for seeking compensation than you realize after a Florida crash. Some victims can sue the driver who hit them and recover compensation for a wide range of expenses and losses, including the physical pain and emotional suffering they endured.
The best way to learn if you may have the right to sue based on the circumstances of your Florida auto accident and your injuries is to discuss your options with a law firm that handles these cases. Our team offers case reviews for free for collision victims hurt in Florida crashes.
We represent crash victims on contingency. We do not ask them to pay anything upfront. Our fees all come from the money we recover for them through a settlement or trial verdict. We do not believe any accident victim should have to navigate this process without legal representation. You can contact us today so that we can assess your options.
Talk to Our Team About Your Florida Auto Accident Case
At the Law Offices of Wolf & Pravato, our team provides free case consultations. We can assess your options and discuss holding the at-fault driver accountable in your case. If your case involves other liable parties that were not at the accident scene, we can advise you on what to do if this is the case. We can also help with issues related to your insurance claim.