Is Florida An At-Fault Or No-Fault Accident State?

Car accidents are a massive headache, often literally, as well as figuratively. One of the biggest stressors following a car accident is determining liability and getting the coverage that you need. In an effort to side-step this process, Florida is one of only a handful of states to adopt a no-fault process. This is meant to simplify and streamline the process of getting insurance coverage after a car accident, by eliminating the need to determine fault, and simply having everyone carry their own car insurance coverage that applies to their damages and injuries regardless of fault.

At-Fault vs. No-Fault Accident Coverage

In at-fault states, the party responsible for causing the accident is liable for all damages stemming from it, and their insurance policy covers all injuries and damages for both drivers, up to its policy limits. This makes the determination of liability very important. It can also create stressful situations in the event of hit-and-run accidents, or if a driver is involved in an accident with another uninsured driver. On the other hand, in no-fault liability states, the determination of liability is not necessary for insurance coverage. Every driver in the state is required to carry certain minimum PIP (personal injury protection) coverage, and it applies to their injuries and damages regardless of whether they caused them or someone else did.

Required Car Insurance Coverage in Florida

Florida’s required insurance minimums are fairly low. Each driver is required to carry at least $10,000 of PIP coverage, and an additional $10,000 of PDL coverage. PDL coverage applies to damage that you cause to other driver’s vehicles. You’ll notice that insurance coverage for bodily injury to other drivers is not required, however, it is recommended, and is available to purchase. You’ll also notice that these coverage limits are very low, given that car accidents can easily result in $30,000 of damages or more. This is relevant because the no-fault rule can be side-stepped in cases of serious injury. Under Florida law, a serious injury is defined as an injury that is permanent, that causes someone to permanently lose an important bodily function, that causes bodily disfigurement or scarring, or that results in death. If you are in an accident and the other driver suffers such an injury, unless you have Bodily Injury Liability (BIL) coverage, you will be personally financially liable for their damages.

How a Lawyer Can Help

If you have been injured in an accident that you did not cause, an attorney can help you get the coverage that you are entitled to in the event that you suffered a serious or debilitating injury as a result of the other driver’s negligence. Even if you do not plan to bring a lawsuit, an attorney can help you navigate the insurance claims process with your own insurance company to make sure that you get the coverage that you need and are entitled to.

Call Leifer & Ramirez Today 

If you have been seriously injured in a car accident, the experienced Boca Raton car accident attorneys at Leifer & Ramirez can help make sure that you get the support, coverage, and compensation that you are entitled to, regardless of your specific situation. call Leifer & Ramirez today and schedule a consultation.