What does a Florida “No-fault” insurance claim mean?

Florida is a state that offers a no-fault insurance policy. There are many drivers that find it difficult to understand what no-fault insurance actually means and if they will truly be off the hook in the event of an accident. What does a Florida “No-fault” insurance claim mean? Here is an explanation.

What The Law Says

Motorists in Florida must have a minimum of $10,000 of personal injury protection coverage or PIP. PIP coverage is a form of insurance that can cover medical bills and assist with the lost wages that one person might suffer from during an accident. This type of insurance policy will cover those that are in an accident and it doesn’t matter who is at fault.

When car accidents occur in a no-fault state like Florida, drivers will be able to file a claim with their insurer and make sure that all of their medical costs can be covered. In a state where there is at fault insurance, drivers will have to file a claim with their driver’s insurer and then sue the other driver to prove fault on who is responsible for paying damages.

It’s much easier to get access to damages in an area like Florida with the inclusion of PIP and no-fault insurance.

No-fault Insurance Does Not Mean That Everyone Is Free Of Fault

No-fault insurance essentially means that your insurance company handles the process of your claim and that they will pay your damages regardless of who is determined to be the one at fault for the collision. The insurance company for anyone else involved in the accident will also deliver the same guarantee.

In accidents where there are multiple drivers, insurance companies will always have a percentage of fault assigned to every driver that was in the accident and there is the opportunity to sue an at-fault driver for a variety of exceptions.

Exceptions In Florida

Some circumstances can occur in which a driver might sue another driver if they consider them to be at fault for the accident. One of the most popular situations where another driver is considered at fault is when the driver suffers a permanent injury after the accident. If a person is permanently disabled or injured after an accident they can be exempt from a no-fault ruling. With this exemption, it is possible to issue a claim against another motorist for the medical bills associated with their case. There is also the chance that a driver will be able to sue for damages on intangible items like pain and suffering.

Determining Fault

Every insurance company has a different method for determining fault and to decide whether it’s their customers fault for a resulting accident. If you do not agree with an insurance company’s determination that you were at fault it’s possible to file a complaint with your insurance company or open up a formal case for reconsideration. It’s also possible to open up a formal suit against your insurance company in court for the way that they may have handled your case if you’re determined at fault.

How An At-Fault Accident Will Affect Your Insurance Rate

If your insurance company has determined that you were to blame for an accident, they may determine that you will be responsible for paying a part or all of a deductible for the repair costs on damages to your automobile. It is also possible that your insurance company may try to raise your premiums in the future. If you are tempted to switch insurance companies to try and get a cheaper rate, keep in mind that the determination of fault goes on your record so you may continue to experience increases in your rate every time that you try to renew your insurance policy or as you shop for new quotes on insurance.

Where No-Fault Insurance Comes With Advantages

Rather than having insurance companies battle out who is forced to pay the initial costs after an accident, no-fault insurance can cut out some of the high costs of legal battles as insurance companies to go sheet with one another. By cutting out the requirement of paying out after an accident, you can get access to the funds that you need much faster and cut out a series of other expenses that could be involved in an accident. No-fault insurance is especially advantageous if your accident is smaller and injuries are not severe.

You Need To Be Properly Protected

If you’re living in the state of Florida, no-fault insurance is not the only level of protection that you can access. You need to make sure that you are properly protected in the event of an accident so that you can be prepared if legal action comes your way. Make sure that you are regularly reviewing your insurance policy and that you have access to the coverage that you need legally for no-fault insurance.

If you are interested in working with one of the best insurance attorneys in Pinellas County, contact Jenkins Law today. The Jenkins Law team specializes in insurance law and has represented many clients across Pinellas County and the surrounding area.

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