Filing an accident claim in Florida isn’t always a straightforward process. The Sunshine State has a few insurance laws that can make the claim process a tad difficult to navigate. You have a few rules to follow and making a mistake can result in an automatic denial of your claim.
Since you probably don’t want to be left holding the bag when it comes to your damages, navigating Florida’s no-fault insurance rules quickly becomes a priority. So, whether you’re new to the Sunshine State or it’s your first time filing an accident claim, here’s what you should know about no-fault insurance.
What is No-Fault Insurance?
Before you start yelling that someone has to be responsible for causing an accident, this isn’t exactly what no-fault insurance means. Instead, no-fault insurance rules are actually designed to make it easier for accident victims to start recovering some compensation for their injuries and other damages.
Instead of fighting with the at-fault party’s insurance company, you file a claim with your provider. This way, you’re supposed to be able to receive at least some compensation while you’re working on your claim against the at-fault party. What your insurance company covers depends on your policy.
Florida’s Minimum Auto Insurance Requirements
If you have a vehicle registered in Florida and are planning on taking it out for a spin, you must meet the state’s minimum insurance requirements. There really aren’t any exceptions to this rule. You also don’t want to ignore it. Driving without insurance in Florida isn’t a joke.
You can be facing anything from hefty fines to possible license suspension. Your vehicle may even be impounded and it’s not going to be cheap to get out. So, it’s always best to at least meet the state’s minimum requirements:
- Personal injury protection (PIP): Have at least $10,000 in coverage
- Property damage liability (PDL): Have at least $10,000 in coverage
You must also always carry proof of insurance in your vehicle. You should expect a traffic officer to request proof of insurance any time your vehicle’s pulled over. You also need to maintain coverage. In other words, you can’t keep the policy for a month or so before letting it lapse. This doesn’t count as having insurance.
What No-Fault Insurance Covers
We briefly noted that what no-fault insurance covers depends on your policy. If you’re sticking with the state’s minimum requirements, your property damage isn’t covered. Liability auto insurance only covers damage to the other driver’s vehicle when you’re at fault for causing the accident.
On the other hand, if you have full coverage, you should be able to claim your property damage. How much your insurance covers typically depends on your policy. Most insurance policies have caps and this is where the payments stop.
Moving on to your PIP policy. Once again, your policy dictates how much of your medical expenses are covered by PIP. All PIP policies have caps. Something else to know is that PIP only pays up to 80% of your medical costs. This applies even if you haven’t hit the policy’s cap. PIP can also take care of any lost income if your injuries are keeping you from returning to work. Guess what? The same cap applies. PIP only covers up to 80% of your claimable lost income.
Recovering What No-Fault Insurance Doesn’t Cover
Okay, you’ve filed a claim with your insurance provider and you’re still dealing with expenses stemming from the accident. Are you out of luck or can you try to recover your other damages? The good news is yes, you can usually receive compensation for damages not covered by your no-fault insurance provider. However, before you start copying information from one claim to another, there’s a law you need to know.
You can only claim damages not covered by your insurance provider. If you try to claim the same damages twice, you may find yourself facing insurance fraud charges. This isn’t something to scoff at, the penalties can be steep. You can even face jail time. Not to mention your accident claim is going to be denied.
So, if your insurance provider covered all but $2,000 of a $6,000 medical bill, you can’t claim the full amount. You can only claim the outstanding $2,000 in damages. Your PIP provider already took care of $4,000. This rule applies throughout your claim from your property damage to your lost wages.
Recovering Non-Economic Damages
You may have noticed your no-fault insurance doesn’t say a peep about your non-economic damages. These are things like your pain, suffering, and mental anguish. Since you haven’t already claimed non-economic damages, you can relax and stop worrying about committing potential insurance fraud.
You should be able to claim the full value of your non-economic damages. However, before you can list any non-economic damage, you’re going to need to calculate its value. Since you can’t fall back on bills and receipts, you’ll need to use either the multiplier or per diem method.
Just when you thought things couldn’t get more confusing, brace yourself. This is when you can refer back to your first claim filed with your insurance provider. Take the total value of your economic damages from both claims. You’re going to need this total to figure out the value of your non-economic damages. By now, you’re probably looking for a personal injury attorney and it’s a great idea. Your attorney can help you navigate the claim process, including figuring out your non-economic damages.
What About Comparative Negligence?
Florida is a comparative negligence state and this means more than one party can be liable for causing the accident. If you’re assigned blame, your compensation amount will be reduced by your percentage of fault.
Does this affect both of your claims? The answer is yes. However, you may be able to have your percentage of fault reduced or even eliminated. You can file an appeal in civil court and let a judge work out the details. As we mentioned earlier, navigating Florida’s no-fault insurance laws isn’t exactly easy so it’s usually a good idea to have legal guidance.
