Jul22

No-Fault state: What are Floridians required to do with their insurance?

parked vehicle after accident in Florida

The state of Florida requires automobile owners to purchase a Personal Injury Protection (PIP) insurance policy as part of their auto insurance coverage. This type of insurance is frequently referred to as no-fault insurance.

Drivers who are injured in a collision in Palm Coast or Ormond Beach may file a claim against their own PIP insurance to cover their medical bills and related expenses, regardless of who was at fault in the car accident.

Florida has required motorists to carry PIP policies for decades to reduce lawsuits over minor accidents. Earlier this year, the Florida legislature voted to scrap Florida’s requirement for no-fault insurance and rewrite state automobile insurance requirements. However, Gov. Ron DeSantis vetoed the legislation, saying it did not adequately address the issues facing Florida drivers and might have unintended consequences such as higher costs to consumers.

The requirement for PIP insurance remains on the books at present and Florida is still a no-fault auto insurance state.

What is No-Fault Car Insurance in Florida?

A PIP policy covers your injuries after an auto accident up to the limits of the policy.

PIP insurance covers 80 percent of all necessary and reasonable medical expenses up to $10,000 per person. The policy also can be used to cover funeral expenses if someone riding in the covered vehicle is fatally injured in a collision.

How Does Florida’s No-Fault Law Affect My Insurance Coverage

To protect public safety and health, Florida law requires vehicle owners and drivers to have certain types of insurance coverage to cover costs in the event of a crash.

If you register a car in Florida, you must show proof of having PIP insurance as well as property damage liability automobile insurance.

You are required to have a minimum of $10,000 in PIP coverage and a minimum of $10,000 in property damage liability coverage. PIP no-fault coverage provides coverage of $10,000 per person per crash for you and the passengers in your vehicle.

You may file a claim against your PIP insurance and receive payment whether you caused the collision or someone else did.

What Happens If I’m Involved in a Car Accident in Florida?

If you are involved in a car crash in Florida that causes injury, death, or at least $500 in property damage, you are required by law to stop and call 911 or *FHP to report the accident. If anyone is hurt, you must get help immediately such as calling for an ambulance.

  • You should exchange vehicle registration and driver’s license information with others involved in the accident. Get the names and contact information of any witnesses who saw the accident.
  • Use your camera to take photos of the crash scene showing the location of the vehicles.
  • You should seek medical treatment for your injuries. If you do not require emergency treatment at the accident scene, then you should go to the doctor and seek a medical evaluation. Having a doctor report documenting your injuries is essential if you need to file a claim later.
  • If the crash is minor and your vehicle is blocking an active traffic lane, you must move the vehicle or have it moved out of the road.
  • A law enforcement officer will fill out a written report if the accident involves an injury or death or any vehicle is damaged to the extent that it must be towed.
  • You should notify your insurance carrier of the accident. PIP claims must be filed within 14 days of the accident, so don’t delay notifying your insurance company.

Can I Still File a Personal Injury Claim Against an At-Fault Driver?

Some people assume incorrectly that in Florida a driver who caused a crash cannot be held accountable because of no-fault insurance. If you are injured, you may have a right to make a claim against the at-fault driver after a Palm Coast car accident in certain circumstances.

If your hospital and doctor bills exceed the limits of your PIP policy after a crash, then you may file a lawsuit against the at-fault driver’s insurance.

The car accident attorney at Chiumento Law Group can review the details of the crash and evaluate your options for recouping your accident losses. Our experienced accident lawyers can lead you through the process of demanding compensation from the driver who caused your injuries. Our attorneys can file an injury claim against the at-fault driver’s insurance and seek to negotiate a settlement.

If your injuries are significant and the insurer declines to agree to a reasonable settlement, we can file a personal injury lawsuit against the at-fault driver and his or her insurance and seek justice on your behalf.

Contact a Palm Coast, FL Car Accident Lawyer

After a car accident, especially a serious one, you may have a lot of questions about how to get back on your feet.

If you have questions about the insurance available to cover your losses after a car accident caused by another driver, you should have a knowledgeable car accident attorney at Chiumento Law, PLLC evaluate your options. The initial consultation with our Palm Coast injury attorneys is free and carries no obligation.

Our attorneys at Chiumento Law have been serving injured victims in Flagler County and Volusia County since 1973. We understand how a serious auto accident can disrupt your life and cause a great deal of financial stress. If another driver’s negligence caused your injuries, we can help ease your stress by putting together a plan to seek the compensation you need to cover your medical bills and other losses. We are committed to helping you with every aspect of your recovery and only charge a legal fee if we obtain compensation for you.

When you’re ready to discuss the details of your Florida car accident claim with an injury attorney, call us at 386-445-8900 or contact us online for a free consultation.

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