Getting injured in an accident can change your life. In addition to causing you pain, it may temporarily or permanently limit your mobility.
You might have to go to multiple doctor’s appointments, and you are likely to have to miss hours from work. You will need a way to pay for all of those treatments, and you may be wondering if you can file a claim on the at-fault driver’s insurance.
Insurance Laws in Florida
There are two basic insurance rules in the United States; fault and no-fault. If you live in a fault state, the insurance company of the at-fault driver will be responsible for its associated bills. If you live in a no-fault state, your own insurance company will pay the bills.
According to lawyers Bernheim Kelley Battista & Bliss, the state of Florida is a no-fault state, which means that the other driver’s insurance company will generally not be responsible for your accident-related expenses.
There is currently a bill before the state legislature to get rid of the no-fault law. There have been multiple attempts to change the law over the years, but none have been successful.
Exceptions to the No-Fault Law
A driver in the Sunshine State must carry $10,000 bodily injury per person per accident, $20,000 of injury insurance for all persons per accident, $10,000 property damage, and $10,000 for personal injury protection.
Sometimes a person’s medical bills may exceed the amount of money for which they were covered. If this is the case, you may want to talk to a personal injury attorney in Fort Lauderdale about suing the other driver if they were responsible for the accident.
You might be able to sue an at-fault driver’s insurance company if the collision resulted in very severe injuries. The cost of the injury would have to exceed the thresholds for no-fault insurance that have been set by the state.
The accident must have either resulted in permanent disfigurement, permanent injury, or loss of bodily function.
If the person who caused the accident was an uninsured driver, you might be able to sue that driver for damages. When people do not have insurance, it is often because they don’t have any money. If you go to the trouble and expense of suing them, and you win, it may end up being a purely moral victory.
One of the problems with no-fault insurance is that it will not necessarily cover you if an accident happens out of state. Your insurance company may try to get out of paying your bills if this happens.
It is important to find a personal injury attorney if you think your case may be an exception to the law. A trained attorney will know all the nuances of the law, and they will be well versed in negotiating with insurance companies. They can represent you in court in the unlikely event that your case goes to trial.
There may be a time in the near future when an at-fault driver will be responsible for their own actions and will have to pay for their mistakes. Until then, it is best to keep your insurance up to date and your eyes on the road.