Many people think "no-fault" insurance means the fault is not important in a car accident case. This is not true.
No-fault insurance simply means that your no-fault insurance will pay your initial medical expenses, up to the limit of your policy, regardless of which driver was at fault. A typical Florida no-fault policy pays 80 percent of the first $10,000 in medical expenses, after a $1,000 deductible.
If you have suffered a permanent injury, you still have the right to sue the at-fault driver for all medical expenses not covered by no-fault insurance. You can also recover other damages such as lost wages, and pain and suffering.
What Is a Permanent Injury?
Florida law defines permanent injury as:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring
A caring and compassionate lawyer can review your medical records and determine if your injury may qualify as a permanent injury.
In some cases, you can sue the at-fault party even if you did not suffer a permanent injury. Examples are motorcycle accidents, bus accidents, and taxi accidents.
Why You Should Not Talk to the Other Driver's Insurance Company
In Florida, you can recover compensation from the other driver's insurance company even if you are partial as a fault. However, your recovery will be reduced by any percentage of fault assigned to you. For this reason, you should not discuss fault or any other aspect of your case with other driver's insurance company until you have spoken with a lawyer.