Table of Contents
2. How Much Does PIP Insurance Cover?
3. Uninsured Motorist Liability
4. What Sort of Damages Can Be Claimed?
5. What Should You Do if You Have Been Involved in a Car Accident?
After the initial trauma has passed, among the very first things you think about after getting injured in a car accident is whether the driver responsible for the accident has adequate insurance coverage to cover your damages. Even though the applicable rules in the state of Florida make it compulsory for all drivers to carry insurance cover, many have no cover, are under-insured, or have no personal insurance cover. According to figures available from Florida Highway Safety and Motor Vehicles, over half a million drivers are suspended every year in Florida alone for driving without proper insurance.
Automobile Insurance Laws Applicable in Florida
Under Florida state laws, every driver has to carry a minimum amount of car insurance. Failure to have the mandated insurance can make the driver liable to severe penalties that may include jail time in addition to monetary fines. Florida is designated as a no-fault state, which means that the insurance company will pay up without any need for proof regarding whose fault the accident was, though, the claims are paid up to specified limits. However, under a no-fault system, plaintiffs stand to lose on some of their fights to sue the responsible party for damages. The minimum car insurance cover required in Florida for personal injury protection is $10,000.
The personal injury protection insurance, or PIP, protects all individuals who are injured in an auto accident, including drivers, passengers, and anyone else injured in the accident such as pedestrians or cyclists. Your PIP insurance protects you even if you are a passenger in some other vehicle or otherwise involved in a motorcar accident while walking or biking.
No other coverage is required for Uninsured/Under-insured Motorist or Collision and Comprehensive insurance in the state of Florida; however, supplementing the minimum requirements is useful for additional protection from monetary loss.
How Much Does PIP Insurance Cover?
After any applicable deductibles, PIP covers:
• 80% of medical expenses such as ambulance costs, hospitalization, doctor visits, medication, and dental care.
• 60% of wages lost due to your injuries
• Certain household expenses, if you are unable to perform household tasks, care for children or other dependents
To receive the full benefit of your insurance cover, you need to have an emergency medical condition (EMC); otherwise, you will be entitled to only $2,500 in PIP benefits for medical treatment. If your injuries are serious, this may not be adequate to cover the cost of medical treatment. You may seek the help of legal counsel to seek additional compensation from the at-fault driver.
Uninsured Motorist Liability
Even if the other driver responsible for the accident is uninsured, it is still possible for you to file a claim in a court of law for damages. You also have the option of filing an uninsured motorist claim with your own insurance company. The first step in claiming damages is the determination of the liability of the driver. To prove that the driver is at fault, you will need to establish that he was negligent. To establish negligence, it is necessary to prove that in the first place he had a duty of care to drive reasonably safely, that the duty of care was breached, and it was due to his the accident happened resulting in your injuries, and finally, the extent of the injuries are such that they should be compensated.
Once negligence is established, you may be able to seek damages from your own insurance company if you have uninsured motorist coverage, otherwise, you can sue the at-fault driver and collect damages from his insurance company but in case it is insufficient, you may be able to recover the amount from the driver’s assets.
What Sort of Damages Can Be Claimed?
Once the liability is proven, a variety of damages can be claimed from that party in a court of law. They not only include present and future medical bills related to the injuries suffered in the accident but also property damage, lost wages as well as future lost wages, and pain and suffering. If the accident has resulted in a death, the amount of the damages will rise.
What Should You Do if You Have Been Involved in a Car Accident?
Claiming damages from an insurance company for injuries or death arising out of a car accident can be a complicated process. The skilled auto accident attorneys at Lavalle, Brown & Ronan, P.A., among most experienced personal injury law firms in Boca Raton with a history of over 45 years, can help you if you intend to/already filed a claim seeking compensation for a car accident, including accidents where the driver was underinsured or uninsured. Contact us today to schedule a free and confidential consultation if you have been injured in an auto accident or have a loved one who has suffered harm or death due to an auto accident.