In 2021, there were a reported 401,502 car collisions in the state of Florida according to the Florida Department of Highway Safety and Motor Vehicles’ Crash Dashboard. About eighty percent of motorists in Florida carry automobile insurance and most will seek compensation for medical bills and other losses following an accident, but how?
Florida is a No-Fault State
First, motorists need to understand Florida’s no-fault insurance system. In Florida, drivers who have experienced an accident must turn to their own personal injury protection (PIP) insurance to request compensation for their own medical expenses and wage loss regardless of which driver might have been at fault. A driver’s property damage liability insurance (PDL) is available to cover any damages that the driver caused to the property of others. PIP and PDL are required in Florida at the time a vehicle is registered with the Department of Motor Vehicles. PIP covers the driver and certain passengers, while PDL covers damage to another individual’s vehicle if the insured is found to have caused the accident.
In states that adhere to the no-fault system, a claim or lawsuit may only be brought against a potential at-fault driver if certain “serious injury” thresholds are reached. For an individual to pursue a liability claim against a driver who caused an accident, an injured person must have experienced one of the following:
- Permanent or significant loss of a bodily function
- Permanent injury
- Permanent or significant scarring or disfigurement
- Death
What is covered under PIP insurance?
In addition to eighty percent of medical expenses, PIP also covers sixty percent of any income lost due to injuries sustained from the accident and allows for five thousand dollars in death benefits paid to the benefactor of the deceased individual’s estate or relatives. Some insurers ask drivers to waive coverage for lost wages under their PIP policy. Such waivers are often not apparent to customers applying for insurance. Drivers should scrutinize their insurance policy and confirm with their insurer that they have the coverage they desire before an accident or injury occurs.
What is covered under PDL insurance?
Florida law requires drivers to carry at least $10,000 in PDL coverage, though some insurance companies will recommend an individual opt for additional coverage. The more coverage a driver purchases, the less money they will have to pay should they be found to be responsible for an accident that causes property damage. It is important to note that PDL does not cover damages to the insured’s vehicle.
How long do I have to file an insurance claim after a car accident?
In Florida, an individual has four years from the time of the accident to file a claim. However, an injured individual must have received initial medical attention within fourteen days of the accident to collect compensation for medical expenses from their PIP insurance. If an individual sought medical care within the fourteen-day window, they are entitled to eighty percent of the reasonable and related medical expenses incurred because of the accident.
How to file an insurance claim
The first step in filing an insurance claim is to call the insurance company, regardless of which driver is believed to be responsible. This is best done through an attorney retained by the insured. However, the insured does have the right to call their insurance company from the scene of the accident after the proper safety steps have been taken. An insurance company can inform an individual and tell them exactly what they will need in order to process their claim and what to expect during the claims process. Once a driver contacts their vehicle insurance provider, the company will communicate with the other driver on the insured’s behalf.
After a Car Accident Speak to Panter, Panter, and Sampedro
If you or a loved one was injured in a car accident due to the negligence of another, you will need an experienced car accident attorney at your side. Panter, Panter, and Sampedro is here to handle your personal injury case arising as a result of a collision. Contact us with your questions and speak to one of our dedicated attorneys directly by calling (305) 662-6178.
Sources:
https://www.flhsmv.gov/traffic-crash-reports/crash-dashboard/
https://www.valuepenguin.com/auto-insurance/uninsured-motorist-statistics
https://www.flhsmv.gov/insurance/
https://www.nolo.com/legal-encyclopedia/florida-car-accident-laws.html
https://www.valuepenguin.com/auto-insurance/how-long-to-file-insurance-claim
https://www.valuepenguin.com/auto-insurance/florida/requirements
https://panterlaw.com/2021/04/28/what-do-i-do-after-a-car-accident-checklist/
https://panterlaw.com/2021/04/28/what-do-i-do-after-a-car-accident-checklist/
https://panterlaw.com/transportation-traffic-accidents/car-accident/
