There are very few states in the U.S. that follow a no-fault system when it comes car insurance and car accident compensation. Florida is still one of those few states. This means that if you are involved in a car accident in Orange Park, Florida, any damages you incur will be compensated by your insurance company whether you were at fault or not. If you need any more information regarding how the system works, you should speak to an auto accident attorney that is familiar with Florida car accident law.
How Do the Florida No-Fault Car Accident Laws Work?
There are three different types of no-fault approaches. Under the pure no-fault system, you receive car accident compensation up to your policy limit. You cannot sue the other driver, even if they were at fault, for any non-monetary damages. There is also the modified no-fault approach where the insurance company will pay you damages up to your policy limit, but you still have the right to sue the driver who you consider to be at fault for any non-monetary damages. Finally, there is the choice no-fault where you have the option to either sue or not sue the driver. This is more of a blend between the pure and the modified no-fault system. Florida follows the modified no-fault approach.
If you have been in a car accident, you should contact an Orange Park auto accident lawyer immediately. You can file a claim with your insurance company under the personal injury protection coverage. In case your injuries are very severe and of a permanent nature, you have the right to use the other driver. Florida has a statute of limitations for such cases and you have four years from the date of the accident to file such a lawsuit. In addition, you can also file a claim with the other driver’s insurance company to get car accident compensation for any vehicle damage that you may have incurred. The no-fault rule does not apply as far as vehicle damage is concerned and the at-fault party has to pay the other driver for damages.
Apart from the statute of limitations, Florida has very few other limitations. However, no-fault insurance laws may sound quite simple in theory, but in reality, car accident compensation claims can be very tricky. Auto accident attorneys are in a much better position to answer any queries you may have regarding fault, compensation, and lawsuits.
When Can a Florida Driver be Sued for an Orange Park Car Accident?
It is important for car drivers to understand that just because of Orange Park, Florida follows the no-fault rule, this does not mean that you cannot be sued for injuries in case you cause an accident. Florida laws require all drivers with a valid license and a registered vehicle to carry a minimum of $10,000 in Personal Injury Protection (PIP coverage). This coverage is specifically designed to cover any medical bills and lost wages if the driver is in an accident and suffers injuries. This policy will cover your damages no matter who is at fault. But you must note that PIP coverage will only cover 80% of your medical bills and 60% of lost wages. PIP coverage also has a certain deductible which will be applied when you file a claim.
Whenever there is a car accident, there is no guarantee that the damage incurred will be completely covered by one’s insurance company. That is why Florida’s modified no-fault approach allows a driver to directly sue another driver if there is any permanent injury from the Florida car accident. Legally, permanent injury includes any permanent loss of a bodily function, significant scarring or disfigurement, and wrongful death. If the driver has suffered permanent injury within this definition, the no-fault limitation does not apply and they can sue the at-fault driver for any medical bills and lost wages that they could not recover from their PIP policy. In addition, drivers can also sue the at-fault driver for any non-monetary damages due to the permanent injury.
Consult with an Orange Park Auto Accident Attorney Today to Discuss Car Accident Compensation
If you have been in a car accident in Orange Park, Florida and you have questions or concerns regarding the compensation that you have received or are entitled to, you can speak to our Orange Park auto accident attorney at John Fagan Accident Lawyers. Our legal team has dealt with numerous car accident cases and we are committed to providing you with the best possible legal representation so that you can get the car accident compensation you deserve. Call us today at and an auto accident lawyer will be happy to assist you with your queries and concerns.