Florida requires drivers to maintain insurance that protects other drivers on the road with them. If you are buying a car, renting one to drive on a trip, or have been hurt in a car accident, you may need to know what to expect when it comes to Florida’s insurance requirements. A Sarasota car accident attorney from Shapiro | Delgado | Hofmann can guide you through the process of filing a claim after a crash.
For drivers, there is a minimum requirement for car insurance. This means this is the least amount of insurance you must have in order to drive within the letter of the law. The following are the minimum requirements for car insurance in Florida:
Unlike other states, in Florida, the no-fault laws make claiming damages you suffered due to the mistakes of others is a bit different. To help you know what your rights are, consider the following.
One of the most important factors to consider regarding Florida’s insurance requirements is that it is a no-fault state. That means that when there is a car accident, the party that pays for the damages is not necessarily the person who caused the accident. Instead, each person pays their own accident expenses.
In situations where your damages are more than the amount of insurance you have in place (which must be at least the state’s minimum), you can sue the at-fault party for additional losses. To do so, you must prove the other party acted in a negligent manner and that this act is what caused the accident and your injuries.
Though this is possible to do in many cases, it can be more complex. If you believe you need to file a lawsuit for additional damages, we strongly suggest working with an auto accident attorney in Florida to navigate the process.
Personal injury protection is a type of insurance policy that pays for the covered party’s medical expenses and lost wages. Because this type of insurance is paid for by the vehicle driver, it follows you no matter which vehicle you are operating.
You can file a claim for up to the amount of PIP coverage you have for any medical losses you have, missing time at work due to your injuries, or other economic damages you have. The policy protects just you, no matter if you caused the accident or if the other person caused the accident.
PIP will also pay in situations where you are facing a minor lawsuit. If you need additional funds to pay for damages in situations where you are held responsible for the injuries, this component of the policy can help you.
The state of Florida does not require drivers to maintain a bodily injury liability insurance policy. Instead, it requires PIP. However, Florida residents can (and often do) seek out bodily injury liability coverage for very good reasons.
As noted, the state only requires you to maintain $10,000 in personal injury protection. In any significant car accident, the number of injuries that many people have will be far greater than that amount. If the injuries are more than the covered amount on the policy, the victim can sue the at-fault driver for recovery of damages above that amount. If they go after you, this type of insurance can help cover those losses.
On the other hand, if you are in a car accident, and you exhaust all of your PIP benefits but still have claims for losses, and the other driver has bodily injury liability insurance, you can file a claim against their policy. That helps you to get some of your costs covered without having to file a lawsuit against the at-fault party.
In situations where you are hurt in a car accident, knowing what your rights are to financial recovery is critical. In Florida, with PIP, there are several factors to consider.
Your first step is to get medical care, follow up with all recommended treatments, and file a police report for the accident. Then, contact our car accident attorney in Florida to help you navigate the rest of the process.
In Florida, no matter who is at fault for the accident, your insurance policy covers the losses you suffer. You will need to calculate your losses and then submit a claim for the losses you have to your auto insurance carrier. You will need to document all of those losses. Most policies cover all of your medical bills and missed time at work.
In many situations, your attorney will instruct you on how to maximize your claim, increasing the amount you receive. This depends on the evidence available. You cannot claim more than your policy covers.
In situations where you are facing additional losses, such as incredible medical bills, lost earning capacity, and property damage, you may need to file a lawsuit against the at-fault party for the damages they caused. This is where it can become confusing. You, as the victim, must prove the following:
Because of the complexity of these cases, it is often best to work with an attorney to guide you in filing a claim. Most of the time, your attorney will provide a free initial consultation to discuss your case with you. This is a good time to have that conversation before you agree to any settlement being offered to you.
Florida’s car insurance requirements can be challenging to navigate. In serious car accidents, it is nearly always critical to hire a car accident attorney to help you maximize your claim so you can move on with your life.
