What Florida’s No-Fault Insurance Statute Means

If you live in Florida, you’ve probably heard about the no-fault statute or that Florida is called a no-fault insurance state. Here’s everything you need to know from your personal injury lawyers.

What the Florida No-Fault Statute Means

The no-fault statute means that in the event of a car accident, all parties need to make claims against their insurance providers, regardless of who is at fault. Because of this statute, every driver in Florida needs to have Personal Injury Protection (PIP) insurance included in their vehicle insurance plan. PIP insurance needs to provide for a minimum amount of coverage to cover hospitalization, claims for damage, and more.

PIP insurance can cover a variety of expenses relating to auto accidents including medical treatment expenses, loss of income and wages, and additional expenses incurred following the accident (such as childcare if you are not able to care for your children due to injuries sustained). These expenses are also covered for any passengers that may have been involved in the accident.

What Do I Need to File a Claim?

If you sustain severe or debilitating injuries or injuries that leave you permanently disabled, you can choose to file a claim. In the event of an accident, you need to keep detailed notes of the following information:

The details of the respective drivers involved in the accident (including names, driver’s license numbers, and insurance details),
The license plate numbers of the vehicles involved,
Pictures of the accident and surrounding scene,
Pictures of visible injuries to yourself and passengers, and
Official documents such as medical and police reports.

Can I Be Sued for Injuries Caused?

Yes. Although Florida is a no-fault state, there are instances in which claims can be allowed against the driver who caused injuries in an accident. If the damages and injuries caused by an accident are above a certain amount, then the injured party can sue for actual damages but not for non-economic losses such as pain and suffering. The threshold amounts mentioned earlier differ from state to state and a reputable auto accident attorney near you can assist you in understanding these thresholds.

If you have any questions about the Florida no-fault statute, contact car injury lawyers Sokoloff & Weinstein today.

About the Author: Seth T. Weinstein

Seth T. Weinstein, Esq., is Co-Director of Sokoloff & Weinstein, P.A., Attorneys at Law since 1993. Sokoloff & Weinstein, P.A. has offices in Royal Palm Beach (Palm Beach County, Florida) as well as Vero Beach (Indian River County, Florida). Mr. Weinstein oversees the daily operations of the Vero Beach office. Mr. Weinstein is originally from New Jersey and has been a Florida resident since 1990. He graduated with a Bachelor of Arts from Brandeis University, cum laude with a double major in American Studies and History. He then went on to earn his Juris Doctorate from the University of Miami School of Law.