Florida Car Accident Laws
Each state has its own laws and requirements concerning automobile insurance coverage. Many states require drivers to carry policies that will cover the bodily injuries of others in the event the driver is at fault, known as bodily injury (BI) coverage. Florida does not currently require this type of insurance; for now, it is optional coverage. This article takes a look at what “no-fault” means for drivers who have been involved in a motor vehicle accident, what insurance coverage is required in Florida, and who can sue for “pain and suffering”.
No-Fault
Florida is a “no-fault” state. This means that when a Florida car accident occurs, each insured driver has their own personal injury protection (PIP) coverage available to pay their own medical expenses and other specific damages, regardless of which party is at fault. If a party sustains serious injuries that the state considers to be “permanent”, the injured party can bring a liability claim against the at-fault party in the accident.
Florida’s Auto Insurance Requirements
To register a motor vehicle in the state of Florida, the vehicle owner must show proof of insurance coverage for a minimum of $10,000 of PIP and $10,000 of property damage (PD). PIP covers the policyholder as a driver or a passenger, as well as if they are a pedestrian or bicyclist injured by a motor vehicle. PD coverage pays for damages caused by the at-fault party’s vehicle to someone else’s property (i.e., car, fence, lamp post, building, etc.).
Pain and Suffering
Although PIP coverage compensates for medical bills, limited lost wages, replacing essential services, and death, it does not compensate for pain and suffering. “Pain and suffering” includes non-economic damages, including emotional damages. To receive compensation for pain and suffering, there must be a judgment of negligence. A personal injury liability claim or lawsuit must be filed to receive compensation for pain and suffering. The state of Florida only allows this type of action to be taken if the injuries sustained
meet the state’s criteria for a permanent injury.
Permanent Injury
For your personal injury liability claim to be considered, the injuries sustained must be considered permanent. Florida has determined that permanent injuries include the following:
- Significant disfigurement
- Bone fracture
- Permanent limitation of use of organ or member
- A significant limitation of bodily functions
- Full disability for 90 days
If you or a loved one have sustained serious injuries in a motor vehicle accident in Florida, you deserve to be compensated for your damages. You should speak to an attorney right away to help you understand your options. Here is a helpful blog on steps to take after a car wreck. However, If you need a Florida car accident attorney, you need to contact Casas Injury Lawyers.
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