In an effort to reduce the strain of car accident cases on local courts, the Florida legislature implemented a “No-fault” system for recovering for missed wages and medical costs after an auto accident. Florida drivers are required to carry “Personal Injury Protection” coverage, commonly called PIP. These policies were meant to help injured people recover more quickly and easily, especially after smaller accidents. Instead of trying to determine fault in every accident, each driver recovers from their own policy regardless of who caused the accident. That is where the phrase “no-fault” comes from.
No-fault insurance is meant to cover the first $10,000 in medical expenses or missed wages. However, like many types of insurance it does not cover 100% of the costs incurred or wages missed. PIP coverage will pay 80% of your medical bills and / or 60% of your lost wages. If the auto accident involved someone suffering a permanent injury, than you will not file a claim under no-fault insurance, and instead would work towards recovering from the responsible driver’s insurance policy.
This can be where things get a little complex; the simplest explanation is that every individual insurance company is always looking to protect their profit margin. Before any insurance company pays on a claim, they will often try to see if there is any other policy, and therefore insurance company, that could instead be responsible. So if you are injured in an auto accident, your health insurance provider may very well deny your claim in an effort to try to get it paid either by your PIP coverage, or the other driver’s coverage (in a case where there was more than $10,000 in medical costs or there was a permanent injury).
If you have had a claim denied, or are concerned that you are going to be unable to receive the medical attention that you need, contact our office for a free initial consultation.
While the intent of the no-fault laws in Florida were to simplify the recovery process, there are still times when issues arise and it’s necessary to work with an attorney. The unfortunate fact is you only get one shot at recovering the missed wages and medical costs that you are owed as a result of an auto accident. Taking advantage of a free initial consultation with an experienced auto accident lawyer can help make sure that your car accident ends with the best possible outcome for you.
Call 407 995 6770 or fill out our contact form and someone from our office will be touch with you as soon as possible. There is no up-front fee to hire an injury lawyer; if we successfully secure a settlement on your behalf, we are paid a percentage of that settlement. That means that if we are unable to secure a settlement on your behalf, you pay nothing.
450 S. Orange Avenue, Suite 300
Orlando, FL, 32801