Florida follows a no-fault insurance system, which means that your own insurance policy pays for your medical expenses and a portion of your lost wages, regardless of who caused the crash. Before you can register a vehicle in Florida you must carry at least $10,000 in personal injury protection (PIP) coverage and $10,000 in property damage liability (PDL) coverage. PIP pays 80 percent of reasonable medical bills and 60 percent of lost wages up to the policy limits, and it pays a $5,000 death benefit. Property damage liability covers damage you cause to someone else’s property. The no-fault system is intended to provide quick access to medical care, but it also limits the circumstances under which you can file a lawsuit.
What Are Your Legal Rights?
- Right to PIP benefits: If you are hurt in a crash you must seek medical attention within 14 days to use your PIP benefits. PIP covers you regardless of fault up to $10,000 for medical expenses and lost wages.
- Right to sue for serious injuries: If your injuries are permanent, significant or exceed PIP limits, Florida law allows you to pursue a liability claim against the at-fault driver. A lawsuit may allow you to recover full compensation for medical bills, future care, lost wages, pain and suffering, and other losses.
- Right to property damage compensation: You can pursue the at-fault driver for damage to your vehicle or other property.
- Right to insurance claim representation: You have the right to speak with an attorney before talking to the insurance companies. Insurers often try to minimize payouts; having legal counsel protects your rights.
Steps to Protect Your Rights After a Crash
- Call 911 and get medical help. Under Florida’s 14-day rule you must see a doctor within two weeks or risk losing PIP benefits.
- Report the accident to the police. A police report is an important record that documents the scene, parties and witness statements.
- Gather evidence. Take photos of the vehicles, road conditions and your injuries. Obtain names and contact details for witnesses.
- Notify your insurer promptly. You are contractually required to cooperate with your insurer, but avoid giving a recorded statement to the other driver’s insurer until you have legal counsel.
- Consult an attorney. A skilled attorney can explain the no-fault rules, evaluate the severity of your injuries and pursue compensation beyond PIP if warranted. Souder Law works with accident reconstruction experts and medical professionals to prove liability and damages.
Why Choose Souder Law?
Our firm focuses on representing injured Floridians in Palm Beach County and throughout South Florida. We understand the complexity of Florida’s no-fault system and know how to identify avenues for additional compensation. Whether you were hit by a distracted driver in Fort Lauderdale, rear-ended on I-95 near West Palm Beach or injured by a drunk driver in Miami, we are ready to fight for you. We prepare every case as if it will go to trial and we only get paid if we recover money for you.
