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Alafaya Auto Insurance Lawyer

Florida is one of only a handful of states in the country that adheres to a no-fault auto insurance standard, under which Florida motorists are required to carry a minimum amount of liability insurance coverage. Specifically, drivers must purchase $10,000 in Property Damage (PD) liability insurance and $10,000 in Personal Injury Protection (PIP) insurance. Other types of policies, including bodily injury liability, collision, comprehensive, and uninsured motorist coverage are not mandatory, although many motorists choose to obtain them.

Unfortunately, treating even minor injuries can quickly lead to the maxing out of a PIP insurance policy, potentially leaving injured motorists on the hook for additional expenses. It is, however, possible in some cases, to recover compensation directly from the other driver’s insurer, or even from the at-fault driver him or herself, so if you were recently involved in a car accident in Florida, you should contact an Alafaya auto insurance lawyer who can walk you through your legal options.

PIP No-Fault Coverage

PIP insurance policies cover the medical bills for a motorist’s accident-related injuries up to the contract’s maximum, which for many, is $10,000. This is true regardless of who was at fault for causing the accident. Typically, after reaching one’s deductible, which varies depending on the policy in question, a policyholder will receive coverage for up to 80 percent of medical services and 60 percent of lost wages. Once these amounts have been exhausted, the injured motorist can then reach out to the other driver’s insurer.

If, however, the other driver was not insured, the injured party is denied coverage, or the victim’s injuries exceed that policy’s limits as well, the injured motorist can seek compensation directly from the at-fault driver. Alternatively, an injured motorist can step outside of the no-fault insurance system by demonstrating that his or her injury qualifies as serious under state law.

Exceptions to Florida’s No-Fault System

Besides being able to seek compensation from another driver’s insurer (if the terms of their own policies are exceeded) motorists who suffer serious injuries in Florida car accidents are also not subject to the no-fault insurance system. However, to pursue this type of claim, a plaintiff must be able to prove that his or her injury qualifies as serious, which means that it:

  • Involves the significant and permanent loss of an important bodily function;
  • Involves a permanent injury;
  • Involves significant and permanent disfigurement or scarring; or
  • Resulted in death.

When this threshold has been met, the injured motorist won’t be subject to the no-fault limitation, but can file a claim against the negligent party, seeking compensation for medical bills, lost wages, and pain and suffering.

Call Today for Help with Your Case

If you have questions about whether you have a case against the driver who caused your own accident, you have exceeded the limits of your own policy, or were involved in a collision with an uninsured driver, please call 407-381-4529 to speak with one of the dedicated Alafaya auto insurance lawyers at Israoui Law about your legal options today.

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