No-Fault Car Insurance in Florida

An issue inherent with car accidents is who will pay who for damages, which can range from physical injuries and significant medical bills, to extra serious injuries of pain and suffering, as well as lost wages and damage to personal property, among other things. In some states, the law provides for a no-fault car insurance system when it comes to car accident’s involving personal injuries specifically. These include Florida, New York, New Jersey, Pennsylvania, the District of Columbia, and nine other jurisdictions across the country. No-fault insurance is coverage where the insurance company lets the insured off the hook regardless of any fault on that person’s part in causing the accident that led to injuries and damages.

Basics of No-Faulty Insurance

In a no-fault insurance system in the context of vehicles, the insured party is reimbursed by their insurance company for injuries sustained in a car accident. It is irrelevant who is at fault or to what degree a person might be to blame. The purpose of no-fault insurance generally is to avoid a glutton of litigation. Generally, when drivers have accidents, their insurance premiums will increase, often significantly, because they are viewed as a higher risk going forward, and thus potentially more expensive to insure on the assumption the person is more likely to get into other accidents. However, because accidents involving vehicles happen often enough, it may not necessarily mean that drivers are automatically a higher risk for liability. Thus, no-fault insurance laws take care of the situation relatively quickly and cleanly by requiring the insurance company to pay out (again, for bodily harm specifically).

This is also valuable in accidents where the other party does not have insurance, and the case thus may be judgment-proof (meaning they couldn’t even pay damages). Instead, the insurance company handles it under no-fault law. On the other hand, some might see no-fault insurance laws as taking away an incentive for drivers to operate vehicles with the utmost care. In theory, if drivers know an insurance company will cover damages, they will not be as worried about careful driving. Of course, this is a mere summary of the good and the bad of no-fault, as supporting arguments and critical arguments are all much more involved and nuanced.

Related Articles:

• How to Win a ‘He Said, She Said’ Car Accident Suit
• Florida Car Accidents and Questions About Guardrail Safety

No Fault Law in Florida

Under no-fault laws, insurance companies will pay for medical bills and lost wages, as well as other related expenses stemming from bodily injury in the accident. With regard to typically higher amounts that are not easily quantifiable, such as pain and suffering, each state governs this issue differently. In any case, no-fault does not mean a free ride, though. States cap the amount that an insurance company must pay out automatically. For an amount under this threshold, the matter is taken care of. The only trade-off is that the insured forfeits their right to take a case to civil court. If the expenses are believed to exceed the no-fault threshold (thus amount to more than the cap on what the insurance company can pay for), then the insured can file suit against the other driver or drivers for personal injuries. As a side note, any recovery for property damage must always occur through normal litigation or settlement, as no-fault laws do not apply to personal property. Those in the 12 no-fault states plus the District of Columbia must be aware of their jurisdiction’s respective no-fault law, and what their options are if they are not convinced that what the insurance company can cover will be enough.

Contact a Florida Car Accident Injury Attorney

If you have been injured in a Florida car accident and have questions about no fault insurance, your rights or payment for your injuries call the Fort Lauderdale Law Office of Cohn & Smith954. 431-8100.

Alan W. Cohn, Fort Lauderdale Personal Injury Attorney of Law Offices of Cohn & Smith, P.A represents individuals in auto accidents, Slip and Fall and Personal Injury cases.