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Is Florida a No-Fault State?

After a car accident, many injured Floridians face costly medical expenses, lost wages, property damage, and other losses that place their lives and livelihoods in jeopardy. Understanding how the state’s no-fault auto insurance system works can help to avoid many pitfalls. Far too many people miss out on valuable benefits due to incomplete knowledge of how the Florida no-fault law applies to their cases.   

Figuring how much compensation is available ― and whether there are other legal options if no-fault benefits are not enough ― is not a straightforward process. Talk to a car accident lawyer at Personal Injury Attorneys McQuaid & Douglas today. We’ll review your case for free and answer any questions that you may have about the process. Call or contact us now to get started. 

What Is a No-Fault State?

If you’ve been involved in a car accident, the journey towards compensation begins with an insurance claim.  

Most U.S. states are considered fault states. This means that the individual who causes a car accident is financially responsible for any losses resulting from the crash. If you were injured in a collision in a fault state, you would file an insurance claim against the at-fault driver’s insurance company only, which would be responsible for compensating you. 

But in a no-fault state, motorists must first seek compensation from their own policy when an accident occurs, regardless of who is to blame.

Is Florida a No-Fault State?

Yes, Florida is a no-fault state. After suffering injuries in a wreck, you would make a claim for compensation from your own Personal Injury Protection (PIP) policy. PIP benefits cover a portion of your necessary and reasonable medical expenses and lost wages up to your policy limits. 

All Florida drivers are required to have a PIP policy with at least $10,000 in coverage.  And, if you do not own a car, but live with a relative who does, you would qualify for benefits under that policy.

What Happens After a Car Accident in a No-Fault State?

If you sustained injuries in a car accident in Florida, you’d first file a claim with your own insurance company for those PIP benefits.  If there are issues with the process, our experienced team can advise you about other possible insurance policies that may be available to you.  We always like to be present when setting up these claims, helping you with the application, and being there for any recorded statements.

Our lawyers do not take a fee out of the money that is paid by PIP.  We are compensated out of other forms of insurance monies that may be available to you.  We can determine whether you can pursue additional compensation by researching and reviewing the policies. 

If you sustained a serious injury in the crash, you could be eligible to file a claim against the responsible party just as you would in a fault state. Or, if you carry Uninsured or Underinsured benefits, you may be able to make a claim there.

To be clear, no-fault insurance mainly covers medical expenses and lost wages, but through a personal injury claim, you could also pursue compensation for non-financial losses such as pain and suffering. There is a big difference and we would be happy to explain it in more detail.

Contact Our St. Petersburg Car Accident Lawyers Today

Hurt in a crash? Get compassionate help from a St. Petersburg car accident attorney at Personal Injury Attorneys McQuaid & Douglas today. We’re available now for your free case review.

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