Florida No-Fault
Florida has enacted a system of “no-fault” coverage with respect to medical
payments in the event of an auto crash. With regard to property damage done to the car,
Florida remains a fault-based State.
Florida law requires that all drivers carry a minimum of $10,000 in personal
injury protection (PIP) and $10,000 in property damage liability (PDL)
coverage.
Personal Injury Protection PIP Benefits
PIP coverage pays for injuries that occur to you while in your own or
someone else’s vehicle. PIP also covers members of your household who do not own their own
vehicle. PIP is “no fault” coverage, meaning that your own insurance company will pay for
your medical bills regardless of who was at fault in the car crash.
Under a fault-based system, the insurance company that insured the driver
who was at fault would be responsible for paying medical bills and lost wages of the
injured driver.
If your medical bills exceed the level of your coverage, then you remain
responsible for your own medical bills. If, however, you reach the “no-fault threshold,”
then you may be allowed to recover damages from the other driver or his insurance
company.
Threshold/Permanent Injury Requirement
In Florida, the no-fault threshold is generally referred to as the permanent
injury requirement, which you must have sustained in the auto accident in order to recover
non-economic (“pain and suffering”) money damages:
- If you have sustained a loss of major bodily function;
- If you have sustained a permanent injury
- If you have sustained significant scarring, or
disfigurement.
In Florida, you may not recover “non-economic” damages such as pain and
suffering, mental anguish, inconvenience, or loss of enjoyment of life unless you have reached
the threshold. In order to meet the threshold, a qualified physician must testify under oath
that in his/her medical opinion, you have sustained a permanent injury as a result of the auto
accident.
We only handle accident cases involving permanent injury.
Property Damage
Liability PDL
PDL coverage pays for certain damage, up to the policy limit, caused by the
insured driver to someone else’s automobile. This coverage is “fault” coverage, meaning that
the insurance company insuring the driver who caused the accident is liable to the other driver
for damage to the vehicle.
Sometimes, your own insurance company may give you the option of having your
own insurance company pay for your property damage. If this option is offered and you select
it, then your insurance company pays for the property damage and subrogate, or sues, the
at-fault driver for the money.
Accident Attorney
Persons injured in accidents should contact accident attorney
David Hughes Harris right away. Often, critical evidence is many times lost or unavailable and
witness memories fades if you wait too long. Moreover, prompt investigation of your permanent
injury claim usually results in prompt resolution of your claim.
We're Here to Help - Throughout Florida and
Beyond
For dedication and experience, contact our injury law
firm. We proudly serve deserving clients and their families who are seeking to overcome
the challenges of serious personal injury and wrongful death throughout Florida and beyond in
other States.
Locally, we are also proud to serve our neighbors throughout
Southwest Florida, including those in Arcadia, Alva, Avon Park, Bonita Springs, Bradenton, Cape
Coral, Charlotte County, Clewiston, Collier County, Desoto County, Englewood, Felda, Fort
Myers, Ft. Myers, Glades County, Golden Gate, Hardee County, Hendry County, Highlands County,
Immokalee, La Belle, Labelle, Lake Placid, Lee County, Lehigh, Lehigh Acres, Manatee County,
Moore Haven, Naples, Nokomis, North Port, Osprey, Palmdale, Port Charlotte, Punta Gorda,
Sarasota, Sebring, Venice, Wauchula, Zolfo Springs.
At the Harris Law Firm, we provide aggressive, prompt, and
ethical advocacy on behalf of individuals and families who have suffered serious personal
injury, accident injury, and wrongful death. Contact us today.
Contact us today for a free
evaluation.
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