Whether you are attempting to collect a settlement from your own insurance company or if you are considering suing someone due to a no-fault exception, you should always have a consultation with a personal injury law firm.
When a person is injured in an accident, they have to contend with multiple doctor’s visits, time missed from work, and a lot of pain. Medical cost after an accident can be very expensive and the state of Florida requires all of its drivers to carry liability insurance. When a driver is injured in a crash, they will file an insurance claim and an adjuster will decide whether or not the accident is covered by the policy and how much the company will pay out. If you have been injured in a collision, it is helpful to know how the insurance claim process works in the Sunshine State.
What it Means to be a No-Fault State
There are two types of insurance rules in the United States: fault and no-fault. Most states follow the fault rule, which requires the insurance company of the driver who caused the accident to pay all accident-related bills. Florida is a no-fault state, which means a driver’s own insurance company will pay all of their accident-related bills no matter who was at fault. The insurance company should cover medical and damage to property up to the amount of money for which the driver was covered. The state requires drivers to carry $10,000 worth of insurance for bodily injury to one person and $20,000 for medical coverage for two people and $10,000 for damage to property. The law also requires you to carry $10,000 for personal injury protection. Many states require drivers to carry supplemental coverage for underinsured drivers, but Florida does not.
Exceptions to the No-Fault Rule
If your injuries exceed the amount for which you are covered and you are not at fault for an accident, you may be able to file a claim with the at-fault driver’s insurance company or even sue the at-fault driver. If your injuries are permanent, such as a bone fracture, paralysis, or disfigurement, you should talk to an attorney about suing for damages. You may also be able to sue for pain and suffering if your injuries were excessive.
Wrongful Death
If you have lost a loved one in an accident, you may be able to bring a wrongful death lawsuit against the at-fault driver. Florida law states that only spouses, adopted children, and immediate family members are entitled to sue for wrongful death.
You have only two years to file a wrongful death lawsuit in Florida. You should always hire a personal injury attorney to represent you as a wrongful death claim may well end up in court.
In addition to suing for lost income and medical bills, you may recover funds for such things as loss of companionship and emotional pain and suffering.
If the at-fault driver was working when they hit your family member, you may be able to sue the company they worked for in a wrongful death case. Your lawyer can advise you about corporate responsibility in personal injury cases.
Finding an Attorney
Whether you are attempting to collect a settlement from your own insurance company or if you are considering suing someone due to a no-fault exception, you should always have a consultation with a personal injury law firm such as Chappell Law Group. Their attorneys have years of experience in negotiating with insurance companies and know how to get you a fair settlement.
Authoritative Sources:
https://www.iii.org/article/background-on-no-fault-auto-insurance
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