Accidents happen; it’s a fact of life. You may consider yourself a safe driver, and you may follow all traffic laws, but accidents can still happen. Just because you’re a safe driver doesn’t mean everyone else is following your example.
So, when an accident occurs and you’re not at fault, why are you turning to your insurance to cover most of the damages? We’ll look at why your insurance may be where you turn for compensation. If you need Florida no-fault insurance rules explained, we’ll also cover this.
What is No-Fault Insurance?
Florida is one of about 12 or so other states that follow no-fault insurance rules. Before you try to figure out how no one can be responsible for an accident, this isn’t precisely what the law implies.
No-fault insurance laws are on the books for a good reason. The laws work to make it easier for accident victims to receive compensation. The reasoning goes like this; if you’re not at fault for the accident it should be easier for you to receive compensation from your insurance company.
The key term is “your insurance company”. Lawmakers feel that insurance companies are more willing to pay claims submitted by their clients.
So, in a nutshell, no-fault insurance covers the policyholder’s damages stemming from an accident regardless if they’re liable.
What Does No-Fault Insurance Cover?
Florida has strict insurance requirements for all drivers with vehicles registered in the state. There are state-mandated requirements, not suggestions.
You must carry at least $10,000 in property damage and injury insurance. The policies are separate and this can create a bit of confusion. So, all Florida drivers must carry liability coverage. This covers property damage for others involved in the accident, but not yours.
If you want coverage to extend to your property, you need full insurance. This type of insurance covers your property and others if you’re the at-fault driver, but it’s also not a state requirement.
What is PIP Insurance?
Florida drivers are not only required to carry liability insurance to cover property damage but also personal injury protection (PIP). Personal injury protection covers most of your medical costs and lost wages if you’re unable to return to work.
PIP also comes with caps, so don’t count on the insurance covering all of your expenses. PIP can cover up to 80% of your medical expenses and lost wages, but once again, this depends on your policy. Your cap may be below state maximum limits.
How to File a Claim in a No-Fault Insurance State
Florida’s no-fault insurance laws are working to simplify the claim process after an accident. Instead of fighting with the at-fault driver’s insurance, you turn to yours—and yes, this is true even when you’re not responsible for the accident.
However, your liability and PIP insurance only go so far. After filing a claim and receiving compensation, there’s a good chance you’re still facing additional expenses.
So, are you on the hook for additional expenses? The answer is maybe not. If you’re not the responsible party, you may still be able to file a claim to receive compensation for damages not covered by your insurance.
However, it’s important to note that you can only seek compensation for damages not covered by your insurance. For example, if PIP covered your medical expenses but fell short on lost income, you can only claim the missing wages.
In other words, you can’t file a duplicate claim for the same accident even if it’s with two different insurance companies.
File a Police Report
You’re going to need a copy of your accident report regardless of whether the claim is with your insurance company or the at-fault party. The report serves as proof the accident occurred and you sustained damages.
Florida requires reporting of all accidents involving injuries or fatalities. If property damage exceeds $500, you’re legally required to report the accident, which also means remaining on the scene until the authorities clear you to leave. You can usually pick your report up in 7 to 10 business days.
Document the Accident
If your injuries are too severe, don’t worry about this step. You can let the authorities handle documenting the accident scene. Most, if not all of the information will be included in your accident report. All you’re doing is speeding up the claim process. The more evidence you initially have to support your claim, usually means a faster resolution.
Don’t go overboard and break out any crime scene gear you may have collected. You’re not a professional. Instead, you only want to document the scene to help support your accident claim, which means taking pictures of any property damage. If you have visible injuries, take a few pictures, and this is also the time to collect any witness contact information.
Collect Your Evidence
Since you supplied your medical records for your PIP claim, this part of the process is already documented. However, don’t throw out your medical bills and receipts. You may need to supply them as evidence in your claim against the at-fault driver.
If nothing else, they’re something the insurance adjuster will request. You also want to have your property repair/replacement costs handy, along with any additional damages. Since PIP doesn’t cover non-economic damages like pain and suffering, you may want to include these in your injury claim.
What About Comparative Negligence?
Florida also follows comparative negligence rules and this can affect your claim. Comparative negligence allows more than one individual to be responsible for an accident.
Let’s say you made an illegal turn but the other driver ran a red light. In this instance, you and the other driver are responsible for causing the accident.
When comparative negligence comes into play, it can affect your accident claim. Your settlement is reduced by the percentage of your blame.
Don’t Let No-Fault Insurance Rules Devalue Your Claim
No-fault insurance serves a valid purpose. The rule helps ensure everyone can receive compensation if they’re involved in an accident. However, the law can be consuming, especially when you toss in comparative negligence.
To help ensure you receive fair compensation for your accident, talk to an attorney about your legal options.
