Miami Personal Injury Lawyer Blog
There are two basic insurance systems for car accidents in the US, with many states classified as at-fault jurisdictions. Florida insurance laws are no-fault, having a major impact on the legal process after a crash. An advantage to this system is that you do not need to prove fault, and you will be dealing with your own insurer.
Still, there are limitations with no-fault laws, especially when you suffer serious injuries. It is critical to discuss your situation with a Miami car accidents attorney who can help you overcome challenges and obtain fair compensation. A summary may be useful.
What Florida’s No-Fault Insurance Laws Mean for Auto Crash Victims
After an auto crash in Florida, injured drivers and passengers must first seek compensation through their own insurance policy, regardless of who caused the accident. You file a first-party claim under your policy, and you do not need to prove fault. The system is designed to provide faster access to medical benefits and reduce litigation, but unfortunately, the no-fault law also limits when a negligent driver can be sued.
How Personal Injury Protection (PIP) Coverage Works After a Miami Car Accident
Personal Injury Protection (PIP) is required for Florida motorists, playing a central role after a crash. PIP typically covers 80 percent of reasonable medical expenses and 60 percent of lost wages, up to policy limits. Benefits are available even if another driver caused the crash, but injured individuals must seek medical treatment within 14 days to qualify.
When Can You Step Outside Florida’s No-Fault System After a Car Accident in Miami?
Because costs can add up quickly, you may exhaust PIP coverage before serious injuries are fully treated. In certain situations, Florida law allows injured people to step outside the no-fault system and pursue a direct claim against the at-fault driver. The threshold is when the car accident results in severe or permanent injuries as defined by law.
By filing this third-party claim, you open the door to compensation for damages not covered by PIP, such as your full lost income and pain and suffering.
Serious Injury Thresholds Under Florida Law and Their Impact on Miami Car Accident Claims
To file a lawsuit beyond PIP coverage and meet the serious injury threshold, you must be able to show:
- Significant or permanent loss of bodily function
- Permanent injury
- Substantial scarring
For Miami car accident victims, medical documentation is critical to establishing this threshold. Meeting it can significantly affect the value and scope of a claim, allowing injured individuals to seek broader compensation.
Talk to a Miami Car Accident Lawyer About Your Options
You can see that the no-fault laws in Florida are not absolutely strict, so you may have legal remedies outside filing a first-party claim. Overcoming the serious injury threshold is often the key factor. Our team at Gerson & Schwartz, PA, has extensive experience handling complex car accident cases. If you have questions about your rights, please call (305) 371-6000 to set up a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach.
