Is Florida a No-Fault State for Auto Accidents?

Florida is a no-fault state for auto accidents. Drivers must carry personal injury protection (PIP) and property damage liability (PDL) insurance. In most auto accident cases, you would need to file a claim with your insurer to pursue compensation. Our Lakeland car accident lawyers can explain more about how this works when you contact us.

Required Insurance Policies in Florida

Florida requires drivers to carry two types of insurance:

• Personal injury protection (PIP) insurance: As a Florida driver, you must carry $10,000 in PIP insurance. This covers 80 percent of your medical expenses, regardless of fault.
• Property damage liability (PDL) insurance: As a Florida driver, you must also carry $10,000 in PDL insurance. This form of insurance covers damage you caused to another driver’s vehicle. For another driver to access it, they must submit a claim with your insurer.

You must carry proof of your insurance. If you do not purchase the required insurance, you could lose your license plate and driving privileges for up to three years, per Florida Highway Safety and Motor Vehicles (FLHSMV).

The Serious Injury Threshold After Florida No-Fault Car Accidents

After an accident, you can rely on your PIP coverage to pay for your accident-related losses, regardless of who caused the collision. However, PIP insurance only covers a certain amount of damage after a crash. This means that if your damages exceed the $10,000 PIP limit, you could file a liability claim or a personal injury lawsuit against the at-fault driver, given that you meet the state’s serious injury threshold.

The guidelines of the threshold are as follows, per Florida Statues § 627.737:

• The accident caused significant and permanent loss of an important bodily function
• The accident caused permanent injury
• The accident caused significant and permanent scarring or disfigurement
• The accident resulted in death

In any of these scenarios, you can seek compensation from the driver responsible for your injuries. Remember, you must be able to prove that another driver is directly responsible for your damages if you want to receive compensation. Our team can help you do this by collecting evidence to support your case.

Damages You Can Recover After an Auto Accident in Florida

If you file a claim with your insurer after your accident, you could recover funds to pay for some of your medical expenses, lost income, and property damage. However, your intangible losses such as pain and suffering and mental anguish are not typically recoverable via an insurance claim.

It’s also important to remember that your insurance company generally only covers some of your losses. The National Safety Council reports that the average cost of a car accident involving “evident” injuries is $29,200. This means that it’s possible that your PIP coverage won’t pay for all your expenses. In this case, you could file a lawsuit against the party that caused the accident.

Damages You Can Recover by Filing a Personal Injury Lawsuit in Florida

In Florida, you can pursue economic and non-economic damages after an accident.

Economic damages are straightforward, directly reimbursing you for your financial losses, like:

• Medical expenses
• Lost income
• Reduced earning capacity
• Property damage

Non-economic damages address the emotional toll of your accident, covering:

• Pain and suffering
• Emotional trauma
• Reduced quality of life
• Scarring and disfigurement

In addition to economic and non-economic damages, you could qualify for wrongful death damages if you lost a loved one in an auto accident. These could include:

• Medical expenses incurred before your loved one passed
• Funeral and burial expenses
• Loss of companionship
• Mental anguish

Do You Need To Hire a Lawyer To File a Florida Car Accident Lawsuit?

In Florida, you aren’t required to hire a lawyer if you plan to file an auto accident lawsuit. However, it’s worth noting that these cases are often complex, and without legal assistance, you may struggle to pursue compensation effectively.

By hiring a lawyer, you could address several common challenges, like:

• Knowing what your next steps are
• Receiving assistance during settlement negotiations
• Gathering evidence and proving the validity of your lawsuit
• Understanding the legal process

A lawyer familiar with auto accidents can determine your eligibility for a lawsuit. If you qualify, they can fight for compensation on your behalf. While you recover from your injuries, they can stand toe-to-toe with insurers and the party responsible for your damages.

Contact Our Florida Auto Accident Team Today

Do you need help pursuing fair compensation? At Dismuke Law, we’re proud to represent those in need. Contact our offices for a free case evaluation today. Ask Dave if you’re unsure what to do after an auto accident.