Florida No-Fault Laws: Who Pays for Car Damage?

You likely recognize that there is no-fault insurance in Florida, and you may wonder how that works. You are certainly not alone, making it an excellent time to dig deeper into Florida’s no-fault laws.

If you’ve suffered an injury by another motorist’s negligence, they may be responsible for covering your losses, and an experienced Boca Raton car accident attorney can help you with that.

No-Fault Insurance in Florida

Florida requires motorists to carry personal injury protection (PIP) coverage, often called no-fault coverage. PIP coverage is designed to effectively and efficiently cover accident victims without them having to file personal injury claims.

Instead, the driver’s own PIP policy covers a specific percentage of their medical expenses and lost earnings regardless of who is at fault. The impetus behind Florida’s no-fault law is to reduce the number of personal injury cases.

What PIP policies do not cover, however, includes:

• Complete medical expenses
• Complete losses related to reduced income
• Property damage to one’s vehicle and its contents
• Physical and emotional pain and suffering

In other words, if the losses you experience are substantial, consulting with a dedicated Boca Raton car accident attorney and filing a claim against the at-fault driver’s insurance provider may be a possibility and is very likely in your best interest.

Covering Your Losses

If you suffered an injury from another driver’s negligence, your losses will likely be considerable.

Property damage

The impact generated in an accident can do considerable damage to your vehicle and its contents. Even a relatively minor accident can leave a car so damaged that the insurance company totals it. If you have anything else of value in your vehicle at the time of the accident, it can also be damaged.

Medical bills

The medical bills you experience as a result of a car accident can feel never-ending, and if your injuries are serious, you may be looking at ongoing medical needs. Complications and secondary health issues only add to this burgeoning expense.

Common examples of medical expenses include:

• Emergency services
• Surgery and follow-up care
• Prescription medications
• Medical procedures and treatments
• Care from doctors, surgeons, and other medical professionals
• Pain management
• Adaptive physical devices
• Home healthcare
• Physical therapy, occupational therapy, and rehab

Lost income

While attending to your recovery, you can experience considerable losses in terms of your pay. The matter becomes that much more critical if your ability to do your job is affected or your earning potential is dashed. Car accident victims often fail to recognize that losses in this category can also include an emotional component – due to the importance we attach to our careers themselves.

Physical and emotional pain and suffering

The physical and emotional pain and suffering you experience as a result of another driver not taking the care necessary to support your safe passage can be difficult to overstate.

Many people who suffered an injury in car accidents experience PTSD-like symptoms that can include the following:

• Frightening accident flashbacks
• A newfound fear of driving
• Extreme mood swings
• Increased anxiety
• Depressive episodes
• Insomnia and other sleep disturbances

Exceptions to Florida’s No-Fault Law

Because PIP policies do not cover complete losses, it may be advisable to file a car accident claim that addresses the full scope of your physical, financial, and emotional losses.

Generally, the following exceptions allow claimants to bypass the state’s no-fault laws and sue the at-fault driver directly – typically through their car insurance provider:

• The accident causes permanent injury.
• The accident endangers your life.
• The injuries cause scarring or disfigurement.
• The injuries cause a loss of important bodily function.
• The injury expenses total more than $10,000.

The fact is that your medical expenses can add up to $10,000 far more quickly than you may realize, which means that you may have the right to file a car accident claim against the at-fault motorist without even realizing it.

Driver Negligence

Car accidents are often caused by the negligence of other drivers. Seeking just compensation that covers your complete losses is the surest path toward reaching your most complete recovery.

Unfortunately, driver negligence can take a wide range of life-threatening forms that include all the following:

• Speeding
• Distracted driving
• Drowsy driving
• Drunk driving
• Aggressive driving
• Failing to follow the rules of the road

Steps to Take After an Accident

While Florida employs a no-fault car accident position, it does not mean no one is at-fault for car accidents. Driver negligence is almost always at the heart of car accidents. If you’ve suffered an injury by another driver’s negligence, take the following steps to help protect your health as well as your claim – whether no-fault or personal injury:

• Seek immediate medical attention even if you don’t believe you suffered serious injuries, and follow your doctor’s instructions carefully.
• Consult with a dedicated car accident attorney early on and follow their advice for your unique situation.
• Refrain from posting information on social media about your accident. You should also be very mindful of posting photographs of you engaged in strenuous physical activity that may call into question the legitimacy of the injuries you’re claiming.

Our Boca Raton Car Accident Attorneys Offer the Guidance You Need

The formidable Boca Raton car accident attorneys at Eltringham Law Group have the experience, drive, and legal skill to protect your rights in pursuit of your just compensation.

For more information, please contact us online or call us at 561-944-6746 today.

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