In Florida, there has been a movement for some time to remove no-fault car insurance requirements for motorists in favor of fault-based car insurance. The campaign continues. A majority of the states, apart from a few exceptions, currently rely on fault-based insurance to determine and resolve automobile accident claims. While the push to change car insurance requirements failed this year, the issue will no doubt return. In the meantime, no-fault car insurance requirements remain. This article will discuss what no-fault insurance is, what keeping the Florida no-fault insurance law means for you, and how to recover damages if you have been involved in a vehicle accident in Florida.
Automobile Accidents In Florida
From vehicle damage to long-lasting physical harm, the aftermath of an auto accident can be costly. When you have to go to your insurance to cover your injuries or even sue the other party in the accident, the legal proceedings can be an uphill battle. Insurance companies have massive teams of lawyers whose goal is to limit what they payout to you. Additionally, depending on the other party in the accident, like a trucking or delivery company, you may face another team of high-powered lawyers intent on denying your compensation.
Facing this situation alone is scary, but you are covered with an experienced auto accident attorney. At Koberlein Law Offices, our auto accident attorneys have the experience and know-how to help you achieve the best result in your auto accident case. Koberlein Law Offices knows the tactics that insurance companies and opposing parties use to diminish or deny you the compensation you deserve, and we know how to navigate around those pitfalls. If you have been involved in an automobile accident in Florida and need representation, call us toll-free at 877.556.2889 or visit our website to schedule your initial case consultation today.
What Is No-Fault Automobile Insurance?
No-fault automobile insurance is a kind of insurance policy where, in an accident, both parties seek compensation for damages from their own insurance companies instead of each other. In most states, insurance is fault-based. This means that the insurance companies for the parties involved in an automobile accident will perform their own investigations and seek compensation from the driver who caused the crash. Your insurance company will often demand that the other party’s insurance company cover your damages rather than your insurance company covering those damages. The purpose of no-fault insurance is to encourage motorists to have insurance and, because there is “no-fault” assigned in the accidents, any damage the people in the accident suffer is meant to be addressed without any disputes between opposing insurance companies. When first introduced, no-fault vehicle insurance’s purpose was to relieve stress on the civil court system by avoiding claims for minor injuries going to court.
What Are The Drawbacks Of Florida’s No-Fault Automobile Insurance Laws?
As with other plans or laws, there are issues with no-fault automobile insurance. Some of these issues could be solved, but the rest are unique to no-fault automobile insurance requirements.
No-Fault Automobile Insurance May Not Cover All Of Your Damages
In Florida, drivers purchase personal injury protection or PIP insurance. This insurance covers damages resulting from an accident up to $10,000 for medical and funeral costs. In some cases, $10,000 worth of coverage is enough to cover that medical care or any other related consequence of the accident. However, $10,000 is nowhere near enough to resolve those issues in many circumstances. Depending on the circumstances and the severity of the accident, $10,000 may cover only a portion of your damages. Even with medical insurance, medical care can be incredibly costly, reaching into the hundreds of thousands of dollars depending on the nature and seriousness of your injury.
If this is the case, you may be required to sue the other participant in the accident to recover those amounts. If your damages exceed the $10,000 limit in Florida, you must meet the “serious injury threshold” to bring a negligence claim against the other driver or party. This process requires you to sue the other party in court to compensate for your injuries. There is no guarantee that your case will be successful when going to court. Further, you have to pay additional costs to bring your dispute to court.
PIP Compensation Is Not Guaranteed
One of the most significant complaints with PIP insurance is the inconsistency in compensation. In the event of an accident, PIP insurance providers might not readily provide you with your coverage benefits. While insurance companies offer a valuable and vital service, they are still a business. Insurance companies often employ any defense or tactic to minimize the payout for coverage to protect their business.
Automobile Accident Litigation Still Occurs
Even if you have the necessary no-fault insurance, you may still be required to sue for compensation. While one of the main goals of no-fault automobile insurance is to reduce court involvement, legal action is often still necessary, depending on the circumstances of the accident.
Hiring A No-Fault Automobile Insurance Attorney In Florida
Florida’s no-fault car insurance requirements can seem complex and may significantly affect your auto accident case. If you have been involved in an accident in Florida because of someone’s negligence, it is crucial you receive the compensation you deserve. The damages in auto accidents can reach many thousands of dollars, and current insurance requirements might not be enough. At Koberlein Law Offices, our skilled and experienced personal injury attorneys know how to fight on your behalf to get you the compensation you deserve. The attorneys at Koberlein Law Offices are ready to represent you in your case. Call us toll-free at 877.556.2889 or visit our website to schedule your initial case consultation.