What is No Fault Law in Florida?

What does it mean to live in a no fault state? It does not mean that you are not accountable for damages in an auto accident. Simply put, each driver must carry personal injury protection coverage. In case of an accident everyone is required to file a claim with their own insurance company. Your insurance will cover you for up to $10,000. In personal injury protection coverage to cover lost wages and medical bills. Your insurance should cover 80% of your medical bills as well as 60% of lost wages. Whoever is at fault for the accident is not an issue. The amount of the deductible you selected when you purchased your insurance will determine how much the out-of-pocket expense will be. Many people select the maximum deductible allowed to keep the cost of their insurance premiums down. If you live in Florida, that amount is $1,000. You will be responsible for the first $1,000. Of medical bills regardless of who was at fault in the accident.

There are some important exceptions to Florida's no fault insurance law! In every accident there is fault.

When there is damage to car or driver, Florida's no fault insurance law requires the at-fault party is responsible for the other person’s damages. In cases where there is disfigurement, permanent injury, permanent or significant scaring, a insurance claim may be filed. In these cases, you file a liability claim against the at-fault driver for out-of-pocket medical bills, lost wages and non-economic damages, such as pain and suffering. You may need to hire a lawyer if your claim needs to be filed as a lawsuit. Trusting the insurance company to take care of you, whether you are suing or being sued is always risky. The insurance company’s interests may not appear to be the same as yours. You need someone to protect your rights. Never go to court without a lawyer.

Living in a No-Fault state such as Florida, does not give drivers the right to drive recklessly. The law was created to help the courts. Before passing the no fault law in the late seventies, all claims could be taken to court. The courts were over burdened with small claims and could not give proper attention to major claims. claims for accidents that had resulted in serious injuries or even death so Florida became a no fault state.

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