How will Florida’s No-Fault Law affect my injury case?
Florida’s No-Fault Law can affect how medical bills, lost wages, and other damages are handled after a car accident. While your Personal Injury Protection (PIP) coverage pays for certain expenses regardless of who caused the crash, there are important exceptions that may allow you to pursue compensation from the at-fault driver. Understanding how these rules apply to your case is essential to protecting your rights. Learn how Florida’s No-Fault Law could impact your injury claim below.
All Drivers Can Have Injuries Regardless of Fault.
You Have Only 14-Days After Your Accident to Preserve Benefits.
Under Florida’s “no fault” law, even if you received a traffic citation after your accident occurred, this does not mean you are guilty. Nor does it mean you’re at fault or ineligible for certain benefits under the law. In fact, Florida’s unique laws enable us to assist almost anyone who has been recently injured as a result of a traffic crash.
If you have recently been in an auto accident, you may not feel the full extent of your injuries until weeks later. Thus, if you even think you have injuries, we’ll immediately begin to help you preserve your benefits under Florida law.
Florida’s No-Fault vs. Comparative Fault Laws
Florida’s no-fault insurance rules and its comparative-fault rules address different parts of a car-accident claim.
Florida Personal Injury Protection (PIP)
Florida requires qualifying motor-vehicle insurance policies to provide Personal Injury Protection benefits. PIP can apply regardless of who caused the crash, subject to the policy, statutory eligibility rules, exclusions, and priority of coverage.
Florida PIP generally provides up to $10,000 in combined medical and disability benefits.
For qualifying claims:
- PIP generally pays 80% of reasonable and medically necessary covered medical expenses;
- PIP generally pays 60% of covered lost income and loss of earning capacity caused by the injury; and
- initial medical services and care generally must be received within 14 days after the crash.
The amount of available medical benefits also depends on the medical determination.
If an authorized medical provider determines that the injured person had an emergency medical condition, qualifying medical benefits may be reimbursed up to the applicable $10,000 PIP limit.
If the injured person is determined not to have an emergency medical condition, qualifying medical reimbursement is generally limited to $2,500.
Florida also provides a separate $5,000 death benefit under the PIP statute.
Florida Comparative Fault
Comparative fault deals with responsibility for causing the injury, not whether basic PIP benefits are available.
Under Florida Statute §768.81, damages in a negligence case are generally reduced according to the claimant’s percentage of fault.
In negligence actions to which the statute applies, a person found to be more than 50% at fault for his or her own harm may not recover damages. A person found 50% or less at fault may still have a recovery reduced according to the assigned percentage of fault.
The greater-than-50% rule does not apply to medical-negligence actions governed by Chapter 766.
A No-fault & Comparative Fault Example.
Every Day, Our Team Handles & Wins Similar Cases.
Under Florida’s “no fault” law, even if you received a traffic citation after your accident occurred, this does not mean you are guilty. Nor does it mean you’re at fault or ineligible for certain benefits under the law. In fact, Florida’s unique laws enable us to assist almost anyone who has been recently injured as a result of a traffic crash.
Thus, if you have recently been in an auto accident, it may take weeks to feel the full extent of your injuries. So, if you even think you have injuries, contact us. And, we’ll immediately begin to help you preserve your benefits under Florida law.
Determining “Fault” or “Liability”
This Can Be Difficult, Complex, and Very Expensive.
Because insurance liability adjusters typically determine who caused a traffic crash. Afterward, they approve payment for claims. Thus, if an adjuster believes that you may be partially at fault, the insurance company might delay payment of claims. Incidentally, specialists will conduct additional investigations. (e.g., sworn affidavits, formal depositions, evidentiary hearings, etc.)
Unfortunately, investigations and legal proceedings delay payment of claims. As a result, it could take several months for you to receive the money you need. Oftentimes, we can speed up this process and get you the money you need much faster.
We Take On Insurance Companies Every Day.
Our Office Completes Its Own Crash Investigation.
First, our car accident lawyers help you establish that the other driver involved in the traffic accident was at fault. Or, at least, responsible for a part of your damages or injuries. Also, we’ll support your explanation of how your accident occurred. Then, guide you through what happens inside and outside of the courtroom.
CONTACT RHINO LAWYERS NOW
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Find out how Florida’s No-Fault Law will affect your injury case by speaking or meeting with one of our former insurance defense attorneys who have inside knowledge of how big insurance companies value personal injury and damage claims. No fees unless we WIN.
So, get YOUR Free Case Analysis now by texting us, chatting with us online, completing the form below, or by calling 844.RHINO.77.
Then, decide what is best after getting free advice from a RHINO Lawyer who wants to help YOU.
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