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How Florida’s “No Fault” Insurance Affects Car Accident Claims

Navigating what to do after you’ve been injured in a car accident can be overwhelming. Often referred to as “no-fault insurance,” Florida’s laws about receiving compensation for damages after an accident may be confusing. Below, we discuss Florida’s no-fault insurance and how it impacts filing a lawsuit for additional damages after an accident.

What is no-fault insurance?
Personal Injury Protection coverage (PIP), commonly referred to as no-fault insurance, requires all motorists to have at least $10,000 of personal injury coverage under their auto insurance plan. After a car accident, the coverage pays an insured motorist’s bills up to the plan’s limit. No-fault insurance allows motorists involved in a crash to receive compensation for damages quicker, as the motorist will file a claim with their own insurance rather than suing the other motorist, regardless of who is at fault. This also reduces the number of civil lawsuits regarding auto accidents. PIP pays a percentage of medical bills, lost wages, and 100% of replacement services. There is also a $5,000 death benefit in the case of a fatality after an accident.

PIP policy limits
PIP only covers damages up to your personal auto insurance policy limit. If damages from an auto accident exceed what your plan covers, you will need to file a third-party claim with the other motorists’ insurance to cover the extra costs.

Damages not covered by no-fault insurance
PIP coverage focuses on medical expenses for injuries you sustain after an accident. Your auto insurance policy covers any replacement costs or repairs to your vehicle. What about the other costs that occur when you are involved in a car accident? There are several types of damages PIP insurance does not cover, such as pain and suffering. To receive compensation for these damages, it is beneficial to contact a lawyer.

Filing a lawsuit after an accident
With only a $10,000 PIP minimum in Florida, damages from any significant accident will quickly exceed this limit. You may be qualified to receive additional compensation for severe and permanent injuries that go above what PIP covers. Permanent and severe injuries are defined as:
● Injuries a medical professional determines to be permanent.
● Injuries that left you physically disfigured or with scars.
● You have suffered a permanent disability due to the accident.
● Wrongful death.
An experienced car accident attorney will help you determine whether your case may qualify and discuss various options.

Types of recovery
You may be entitled to compensation based on the severity of the accident and your injuries. This may include payment for medical expenses above and beyond your PIP coverage, lost wages, property damage, and pain and suffering. You could also receive compensation for daily tasks and services you can no longer perform by yourself due to your injury.

Ocala accident attorney: King Law Firm
Even though Florida is a “no-fault” insurance state, motorists involved in a traffic accident can still file a claim to ensure they receive adequate compensation after your accident. This will help cover damages your insurance will not cover. Call the King Law Firm at 352-261-6590 after an accident to discuss your options based on your case.

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