Who Pays for Car Damage in a No-Fault State Florida

Drivers in Florida, a no-fault insurance state, who get into a car accident often have trouble figuring out who is responsible for property damage. It is no-fault insurance that causes so much confusion and misunderstanding. But it is not as complicated as it seems. Below, we will try to uncover all the main points related to this "confusing" no-fault insurance.

What is No-Fault Insurance in Florida?

No-fault insurance has several purposes. One main one is that it guarantees immediate medical care for drivers involved in an accident, regardless of their fault, without waiting for the results of an investigation. It also simplifies the process of handling car accident claims.

No-fault insurance in Florida is based on the fact that every driver must have Personal Injury Protection (PIP) insurance. This is an integral part of the auto insurance policy. PIP coverage is used first and is designed to cover medical expenses, lost wages, and certain other losses. The amount of this coverage depends on the policy limit, but most often, it is $10,000.

How Does No-Fault Car Insurance Work?

After a car accident, you must notify your insurance company. This is necessary to receive payments under PIP insurance. It is also important to remember that you only have 14 days to seek medical care. Within the first 14 days after the accident, you must provide your insurance company with a diagnosis of a "medical emergency" from your treating physician. This will allow you to receive the full PIP coverage up to $10,000. Otherwise, you can only count on $2,500.

Medical Payments Coverage (MedPay) is the next step in covering medical expenses. It is considered an extension of PIP capabilities and is recommended to be purchased in addition to PIP.

If the PIP and MedPay limits are exhausted, you must file a claim against the at-fault driver’s liability policy for bodily injury. This policy may have a small limit and insufficient to cover expenses.

Another type of insurance that can be purchased when applying for the primary policy is uninsured motorist (UM) coverage. PIP insurance does not cover the repair of your vehicle. Therefore, it is recommended to have collision insurance for such situations. Under this policy, your insurance company will pay for your vehicle's repair, regardless of who caused the accident. You will only have to pay the cost of the selected deductible. Finally, your PDL insurance policy will be used to repair the other party's vehicle if you are found to be at fault in the accident.

Is No-Fault coverage mandatory in Florida?

In Florida, the law requires every driver to have the following types of insurance policies:

PIP insurance includes a minimum of $10,000 in medical and disability benefits per person per accident, plus an additional $5,000 in death benefits. Benefits for this type of insurance are paid regardless of fault.

Property Damage Liability (PDL) insurance. This insurance is designed to cover property damage to other parties in an accident if you are found to be at fault. The minimum coverage amount is $10,000. However, given the reality, it is recommended to choose higher limits.

There are some clarifications in the law, namely:

The requirement for a PIP policy does not apply to motorcyclists because the law does not include motorcycles in the definition of a "motor vehicle".

If you are a non-resident but your vehicle was physically present in Florida for more than 90 days out of the previous 365 days, you must have no-fault coverage.

What Does Florida's No-Fault Insurance Cover After A Car Accident?

The first policy to pay out is the PIP. This policy covers 80% of the medical and 60% of the disability limits, up to a total limit of $10,000.

This will cover medical bills for doctor visits, surgeries, medications, and hospital stays. Other expenses related to recovery include transportation costs for trips to doctor visits and modifications related to the disability. In addition, no-fault coverage will cover funeral expenses in the event of a fatality.

Another critical aspect is wage compensation for the time allotted for recovery.

The PDL covers the cost of car repairs. It usually has limits of $10,000.

When your medical recovery or car repair costs exceed the selected limits of your no-fault coverage, other tools come into play. These can be various additional insurance policies such as MedPay, UM, or collision insurance. In some cases, there may also be the option to file a civil liability claim against the at-fault driver's insurer or a personal injury claim against the at-fault driver.

PIP insurance has several additional benefits, and it can cover:

• Your injuries sustained in an accident, regardless of your role (driver, passenger, or pedestrian)
• Injuries to relatives living in your household if they sustained them in a car accident and do not have their own PIP insurance
• Your injuries in a car accident that occurred in another state if you were driving the car.

How to Determine Who Pays for Car Damage in a No-Fault State

Florida uses the modified comparative negligence rule, which divides damages according to each party's degree of fault.

Once the investigation is completed and each party's percentage of fault is determined, it becomes clear how much damage can be recovered from the at-fault driver's policy and how much will have to be paid out of pocket. Therefore, it is advisable to take care of this in advance and have property damage liability (PDL) insurance.

The at-fault party may be a vehicle manufacturer, a parts manufacturer, a service mechanic, or a government agency. Therefore, a thorough investigation of the cause of the accident is necessary. To obtain compensation, it is required to file claims against the at-fault party's insurance company.

If you need help from Florida car accident lawyers or free consultation with Panama City car accident lawyers, you can find them on the relevant pages of our website.

What Happens When You Get into a Car Crash in a No-Fault State Like Florida?

After a car accident in Florida, everyone goes through specific steps:

• Accident Notification: Immediately notify your insurance company about the accident, whether you were at fault or not.
• Documenting Damage: Take photos of vehicle damage and gather evidence of harm.
• Filing a Claim: File a claim under your insurance coverage. This could be a collision case for damage to your vehicle or under the at-fault driver's PDL coverage.
• Negotiating with Insurance Companies: If you want to reach a fair settlement, be prepared to negotiate with insurance companies.

Contacting a car accident lawyer would be the most reasonable decision, and it is advisable to do so from the beginning. The lawyer will help investigate the causes of the accident, collect evidence, and develop a defense strategy.