In Florida, no fault insurance is law. This topic, which is often misunderstood, relates to car liability insurance. Drivers who may cause a car accident in Miami may wonder if those claims will be paid because of the no fault law. One myth is that they cannot be sued for injuries caused in a car accident. They actually can. It is important to seek legal
What is Does “No Fault” Insurance?
from auto accident attorney in Miami Florida to understand car accident law and collect the compensation you deserve for your injuries.
A Driver Must Carry the Minimum about of Personal Injury Protection Insurance
According to Florida law, every driver must have at least $10,000 in Personal Injury Protection, or PIP, insurance coverage. PIP coverage pays economic damages such as medical bills and lost wages. It doesn’t matter who caused the car accident.
A Driver May Choose to File a Claim with their Own Insurer
In an at-fault state, a driver may choose to file an insurance claim with their insurer or the at-fault driver’s insurance company. Since they’re injured, they can also choose to file a lawsuit against the at-fault driver in Miami court.
PIP Does not Fully Protect a Driver in a Car Accident
Many Miami drivers don’t know that Florida’s PIP coverage only covers a claim up to 80 percent of the medical bills. It only covers only 60 percent of lost income or wages sustained in the accident. In addition, the deductible also plays a part in who pays the damages. For instance, a deductible lowers an insurance premium. However, it also means the driver is responsible for paying the first $1,000 the injured person has in lost wages or medical bills.
A Driver Only Receives a Limited amount of Money if They Didn’t Sustain a Permanent Injury
State law has a separate rule for those who have not suffered a permanent injury in a car accident. They are entitled to receive only about $2,400 from the car insurance company. This is a combination of $1,800 in income and $1,600 in medical expenses. That amount takes into account the deductible of $1,000. This means that if a driver’s damages totals to $10,000, the total amount won’t be covered. Since the car insurer pays the driver, they can’t sue the other driver for the rest of the money if they don’t meet the exceptions.
The Exception to the Florida’s No-Fault Insurance Rule
Always consult a lawyer about all the exceptions to this rule. The state law has some exceptions to the no-fault insurance law that allows a driver to sue another. For example, a permanent is defined as either a permanent and significant loss of an important function of the body. Other exception is the driver sustains permanent scarring or permanent disfigurement. If medical bills total more than $10,000 in PIP coverage, the this is another exception. In these instances, the claim can be filed to recover lost wages or medical bills that isn’t covered by PIP insurance.