Exceptions to Florida’s No-Fault Car Accident Insurance Laws

The majority of states in the U.S. are tort-based. That means that one driver files a claim against another driver’s insurance policy. In Florida, we have a no-fault system. Drivers first file claims on their own police if they are injured in a crash. That doesn’t mean that an injured driver cannot sue or file an insurance claim if their injuries are substantial. In this article, the Tampa, FL car accident attorneys at The Matassini Law Firm will discuss exceptions to Florida’s no-fault insurance laws and how no-fault insurance works in general.

How does no-fault insurance work in Florida? 

In states that work on a fault-based system, a driver can file a claim with their insurance company, file a claim against the other driver’s insurance policy, or sue an at-fault driver for medical expenses and property damage related to an accident. However, the amount of damages in a lawsuit is generally much higher than most state’s minimum insurance policy requirements. In tort states, injury lawsuits against at-fault drivers are quite common.

Florida lawmakers put into place a no-fault system that makes getting compensation much faster. Car accident victims do not need to file a lawsuit in Florida. By requiring drivers to file claims on their own policies, drivers can be compensated much more quickly and efficiently than by filing a lawsuit. For the system to work properly, all drivers are required to carry personal injury protection insurance (PIP) and property damage insurance. A car accident victim with a PIP policy is guaranteed to receive payment for medical treatment, lost income, and death benefits, regardless of who was at fault for the accident.

Exceptions to Florida’s no-fault insurance rules 

Florida’s no-fault insurance system was meant to reduce—but not eliminate—personal injury lawsuits stemming from car accidents. There are several situations when your own insurance policy won’t be enough to cover the full extent of your damages. In some cases, Florida’s insurance laws don’t apply to the crash. It’s important for drivers to understand the exceptions to Florida’s no-fault insurance laws so that they can secure a fair settlement for their injuries. Cases where Florida’s no-fault insurance system may not apply to your accident include:

• When an accident causes permanent injuries – Florida’s insurance laws allow a driver to sue when the injuries they sustained in the accident are severe. An injured driver may sue in the state of Florida if their injuries are considered permanent, have resulted in scarring or disfigurement, or have caused the loss of an important bodily function. Accidents that did not cause permanent injury may still qualify for a lawsuit if your injury costs totaled more than $10,000.

• When the accident involves an uninsured driver – An injury victim would have to file a claim on their uninsured motorist coverage policy if the other driver is uninsured or pursue a lawsuit directly against the driver to recover damages in excess of PIP coverage.

• When the accident happens out of state – Florida’s PIP insurance can refuse to cover injuries that occurred in another state.

Talk to a Tampa, FL Car Accident Attorney Today 

The Matassini Law Firm represents the interests of injured Tampa drivers who have sustained serious injuries in automobile accidents. We may be able to help you recover far in excess of what your PIP insurance covers. Call our Tampa, FL auto accident attorneys today to schedule a free consultation, and we can begin discussing your injuries right away.