Most states have adopted at-fault insurance laws. Florida is one of the few states that has no-fault insurance laws. This means drivers must purchase no-fault insurance coverage for car accidents. Keep reading to learn more about the differences between no-fault and at-fault insurance in this article.
What Is an At-Fault State for Car Accident Claims?
In an at-fault state, a driver can be financially liable for damages if they cause a car accident. Therefore, at-fault states require drivers to purchase liability insurance coverage. Liability insurance pays accident victims for damages if an insured driver causes a car accident.
How Can You Prove a Driver Caused an Accident in an At-Fault State?
In an at-fault state, the accident victim has the burden of proving the fault before the insurance provider or the driver who is liable for damages. Proving fault requires the accident victim to have evidence establishing:
- The driver who allegedly caused the crash owed the victim a duty of care
- The alleged at-fault driver breached the duty of care by something they did or failed to do
- The breach of duty was the proximate and direct cause of the automobile accident
- The victim sustained injuries and damages because of the collision
If the victim proves fault, they can recover economic and non-economic damages. The damages include:
- Medical bills
- Lost wages and reduced earning capacity
- Out-of-pocket expenses
- Emotional distress and mental anguish
- Diminished quality of life
- Pain and suffering
- Disabilities, impairments, scarring, and disfigurement
However, state contributory fault laws apply because the damages are based on fault. If an accident victim is partially to blame for causing the accident, their damages could be barred or reduced.
What is the Contributory Fault Standard for Car Accidents in Florida?
Florida has a modified comparative fault standard as of March 24, 2023. If an accident victim is more at fault for causing the crash, they are barred from receiving damages. If their fault is equal to or less than the other party’s, their damages will be reduced by their level of fault. This standard does not apply to crashes that occurred before March 24, 2023.
What Is a No-Fault State for Car Accident Claims?
Florida is a no-fault state for car accident claims. In a no-fault state, drivers are required to purchase no-fault insurance coverage. No-fault insurance covers the insured’s medical expenses and lost wages, but it does not cover pain and suffering or other damages. The insurance pays regardless of who caused the accident.
Florida PIP Insurance Requirements
Florida law requires drivers to purchase a minimum of $10,000 in Personal Injury Protection (PIP) insurance coverage. PIP insurance pays up to 80% of your reasonable medical bills and 60% of your lost wages. However, you must seek medical treatment within 14 days to receive benefits.
One benefit of no-fault insurance is that you do not need to prove who caused the crash to receive benefits. You can receive PIP benefits even if you are responsible for causing the car accident. Of course, the downside is that not all your damages are covered by PIP insurance.
Suing an At-Fault Driver in Florida?
Even though Florida is a no-fault state, you may have a claim against an at-fault driver. Accident victims who are seriously injured can pursue a personal injury claim against the driver who caused their accident.
A personal injury claim allows you to seek compensation for all economic damages, including medical bills, lost wages, and out-of-pocket expenses. You can also receive compensation for your pain, suffering, and other non-economic damages.
However, you must prove the legal elements of negligence to receive compensation for a personal injury claim. Furthermore, Florida’s comparative fault laws would apply. If the other driver proves you were partially to blame for causing the accident, your compensation could be reduced by your percentage of fault.
Another issue car accident victims encounter in Florida is that some drivers do not have liability insurance. Therefore, if an at-fault driver does not have liability insurance coverage, you would need to file a lawsuit to recover damages for a personal injury claim.
What Should I Do if I’m Involved in a Car Accident in Tampa, FL?
The steps you take after a car accident can significantly impact the outcome of an accident claim. Steps to take to protect your rights include:
- Notify the police by calling 911 and wait for police to arrive
- Do not admit fault or say you are “sorry” for the crash
- Collect evidence by taking photographs of the accident scene, using your cell phone to make a video, and asking witnesses for their contact information
- Seek immediate medical treatment for your injuries, regardless of whether you believe you are seriously injured
- Report the accident to your PIP Insurance provider
- Keep copies of documents and evidence of your damages
It is also wise to seek legal advice after a car accident because Florida’s no-fault insurance laws can be confusing. Contact a Florida personal injury today for a free consultation.
