Are you new to Boca Raton, Florida? From Mizner Park to the Boca Raton Historical Society & Museum, this amazing city has plenty of attractions to offer for all Floridians - all a very convenient car ride away from wherever you are. If you are at all familiar with Boca Raton, you might also know that the traffic here gets pretty bad.
Florida is a no-fault state. You might have heard that much about it, but it must make you wonder what avenues you can explore if you ever find yourself in an accident here. Yes, you can file a claim and sue the other driver involved in the accident - but it is not a simple process.
This post will discuss everything you need to know about Florida’s car insurance requirements under the state’s no-fault rules.
What Does It Mean To Be A No-Fault State?
The no-fault rule simply means that all the parties involved in a car accident in Florida will share the fault for the accident and seek financial compensation through their own insurance providers. It does not matter whether the other driver was at fault. Your first resort to seeking help should be your no-fault insurance policy.
Florida and other no-fault states have applied this rule to eliminate an excessive number of lawsuits involving auto accidents. There are exceptions in place that allow individuals to file third-party lawsuits against the other parties involved, provided that the case meets specific conditions.
According to Florida’s statute of limitations, you have four years from the date of the crash to file your case. Ideally, you should begin the process to file the claim as early as possible, especially if the other party was entirely at fault. The good thing about the no-fault rule is that you can still seek partial assistance through a settlement for the damages even if you were partially at fault for causing the accident.
Florida’s No-Fault Car Insurance
Florida requires all residents to have no-fault insurance, offering them coverage in various situations. There are two primary types of insurance you should be aware of: Personal Injury Protection and Property damage liability. These two insurance coverages will not compensate you for any damages your car might incur as a result of the accident. It's advisable to pursue collision coverage besides these plans for assistance to cover your vehicle's repair costs after an accident.
Personal Injury Protection
Often referred to as PIP, all Florida residents are legally obligated to purchase an insurance plan that offers at least $10,000 of personal injury protection. Many people assume that you can receive the entire $10,000 if you file a claim, but that’s not how it works.
Your insurer will examine the claim and offer a settlement based on the insurance adjuster's investigation when you file a personal injury claim to use your PIP coverage. The PIP can assist you in becoming financially whole by covering your medical expenses due to the accident.
Property Damage Liability
Contrary to what it might imply, property damage liability does not help you get compensation for any damage your vehicle incurs in the accident. Instead, it helps you cover any damage done to the other party's vehicle. Florida requires you to purchase property damage liability for at least $10,000. The insurance covers the damages for the property damage to the other driver if you were the at-fault party.
Filing A Car Insurance Claim In Florida
Calling emergency services is the first thing you should do after a car accident, especially if someone in your car or the other car is injured. When the police arrive, they will file an initial report - something that will be crucial when filing your claim.
Next, you should exchange information with the other driver because there is always a possibility you might need it at another point.
You can begin filing a claim with your insurance company once you file the police report. The claim then goes through reviews in which an insurance adjuster investigates the accident, collect medical records, and interview both parties and witnesses. The adjuster passes this information to a claim examiner, who will determine whether your claim is valid.
When Does The No-Fault Rule No Longer Apply?
Seeking help through your insurance company is the first resort, and it can simplify the process of financially recovering from the accident. However, there might be situations that allow you to pursue a settlement from the other party through a third-party claim. The accident has to meet a set of requirements to be eligible for this legal avenue.
You can file a third-party claim against the at-fault party if the accident resulted in a severe injury to you or any passengers in your car or if the medical bills for the injury exceed $2,000. Severe injuries that could qualify a case for a third-party claim include:
Dismemberment
Permanent disability
Long-term adverse effect on life quality
Death
Working With A Boca Raton Car Accident Lawyer Outside The No-Fault System
Consider working with qualified Boca Raton car accident lawyers if your case is eligible to be taken out of Florida’s no-fault rule. A trusted attorney experienced in dealing with cases like these will be your best bet to secure a compensatory payout that adequately covers the financial losses you have incurred due to the accident.
Working with an experienced attorney to pursue a third-party claim comes with several benefits, including:
You have a legal expert advocating for you
The lawyer will handle communicating with all other parties on your behalf
You do not need to worry about collecting all the evidence for your claim
The car accident lawyer can negotiate the terms of your settlement in your favor
You are likelier to get a bigger settlement
If you feel like you were wrongly injured in a car accident due to someone else’s negligence or fault, consider contacting an Injury Lawyer to work with the Boca Raton car accident lawyers at the firm. Their team consists of expert professionals experienced in dealing with cases like yours. You can trust them to begin the process to help you in your recovery after a car accident in Florida.