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Who Is at Fault in a Car Accident in Florida with No-Fault Insurance?

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Unlike most states in the U.S., Florida is a no-fault auto insurance state. While the laws that regulate no-fault insurance in Florida are complex and nuanced, there are several important things to keep in mind:

  1. Your insurance covers you.

In a no-fault auto insurance state like Florida, your insurance covers the costs of injuries, medical care, etc. that you incur in the case of a car accident - regardless of who caused the crash.

  1. Your ability to sue another driver is limited.

Because your insurance only covers you, your ability to sue another driver (even if they are at fault) is limited; this is why the no-fault portion of your insurance is called "personal injury protection" (PIP).

  1. Your injuries must meet certain qualifications in order to file a lawsuit.

In Florida, your injuries must be classified as "serious" in order to file a lawsuit against another driver. But what does "serious" really mean? The Florida legislature defines "serious" as involving any of the following:

  • Significant and permanent loss of an important bodily function
  • Significant and permanent scarring or disfigurement
  • Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement
  • Death

Although these definitions are meant to provide specific guidance about which types of injuries or complications following a car accident qualify for pursuing a lawsuit, they are still fairly vague. This is why it is essential for you to consult with a knowledgeable, experienced attorney who can help you determine what your best course of action is if you have been injured in a car accident.

If you're looking for a knowledgeable, experienced, and trustworthy Florida personal injury attorney, call the Michael L. Morgan Law Group at 941-444-1028 to set up a free consultation to discuss your situation. We can give you an honest appraisal of your case. Don't wait - call today!

Reference

Tort exemption; limitation on right to damages; punitive damages, FL, Title XXXVII, Chapter 627.737. (2015). Online Sunshine. Retrieved from http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0627/Sections/0627.737.html

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Michael L. Morgan Law Group
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