Florida's "No-fault" rule.

If you live and drive in the State of Florida, you're likely aware that it is a "No fault" state when it comes to automobile insurance. However, most drivers are not entirely sure what that means. Typically, it is not until a driver is involved in a car accident that they soon question what it means for them. Often this law is misunderstood, but it is not as complicated as it may seem.

Florida No-Fault

To start, in order to understand what it means, it is important to understand two basic auto insurance principals. You may have heard of a 100/300 policy in bodily injury (BI) coverage if you have purchased Auto insurance. To break it down, 100/300 means coverage for $100k in damages per person involved in the accident, up to a maximum of $300k for the accident. Bodily Injury protection or BI, pays for the other drivers injuries if you are the cause of the accident. There is also PIP coverage, which covers you, the driver, and any passengers' medical bills and loss of income, regardless of who is at fault. Florida only requires a driver to carry PIP benefits, which requires your insurance policy to cover your personal medical bills at 80 percent up to $10,000. In Florida, personal injury protection (PIP) is required, however, you are not required to carry Bodily Injury protection (BI).

The No Fault Rule mandates that each driver turns to their own insurance carrier to cover injuries that are not considered permanent under Florida statute (627.737(2)). This means regardless of who is at fault, your auto insurance carrier must pay out under PIP for your injuries. However, if the injuries are considered permanent then a driver can directly sue another driver who is at fault. To keep this post short and informative, unless you suffer permanent injuries as defined by Florida statute, you cannot directly sue another driver or motorist, thus it does not matter who is at fault. If you do suffer permanent injuries as defined by Statute, then you meet the exception to the rule and the No Fault provision does not apply. It is important to consult with a lawyer after an accident to ensure you are made whole for any physical injuries as well as the property damage to your vehicle.

If you or someone you know needs assistance, our office is always happy to help.You may find our contact information on our website along with more information that may help you understand our practice and how to deal with auto accidents.