Florida’s no-fault driving laws may affect your injury claim. You may believe you have no chance of recovering damages under this type of law.
However, in some specific instances, you may still recover money from a personal injury action. Let the team at Messer & Messer Law Offices educate you in the way you may still seek compensation after an accident. Take a look at some of the instances that may qualify for a personal injury claim.
No-fault is misleading
The premise in no-fault states is that every driver is responsible for carrying adequate car insurance. As such, when two cars collide, each driver should tap into his or her policy to get the necessary repairs. While this is true to some extent, there are exceptions. A driver must carry a minimum amount of personal injury protection or PIP coverage. This is the medical portion of a policy. If a crash is severe enough to warrant medical care above your PIP coverage, you may draw from the other driver’s PIP coverage.
Excess damages may require court proceedings
The no-fault system does not protect a responsible driver from litigation. While the parameters of filing a suit have limits, the law does not prohibit them. When a negligent driver causes damage to your property or body over your policy limits, you may have the right to recover the difference or even the balance. When you file suit, you do so against the opposing insurance company and the driver. If the negligent driver’s insurer agrees to pay, the suit may end. However, if there is a disagreement between the parties, the suit may continue until a court decides what happens.
Misinformation is easy to come by when an accident happens in a no-fault state. Set the record straight and visit this webpage for more insight into the process.