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Understanding Car Accident Laws in Florida

Posted by Michael G. Butash | Aug 11, 2017 | 0 Comments

Florida has its own laws that govern what happens when a car accident occurs. One of the most popular laws is the no-fault rule which holds that an insurance company is liable for all injuries and damages that result from a car accident regardless of who is at fault. It's, however, important to understand that it is not that simple.

For you to be able to benefit from the no-fault system after a car accident Florida, you must have auto insurance with personal injury protection or PIP benefits. When you and all other individuals covered under this policy get hurt following a car accident, the PIP takes care of all medical expenses as well as some non-medical expenses that result from the accident. The non-medical resources compensated under the PIP policy include costs of hiring professional help to assist at home during your injury as well as lost wages.

Following a car accident, one may opt to make use of the at-fault or tort insurance state. This when a driver chooses to file a claim using their own insurer or using another driver's insurer or taking the other driver to court in an attempt to prove that they are the ones at fault, and should, therefore, be held liable.

Who Does The PIP Policy Cover?

In Florida, all vehicle owners are required to have the minimum PIP benefit policies. The benefits of the PIP insurance cover apply irrespective of who is at fault when a car accident Florida occurs. The PIP protections are of benefit to more than the policyholder injured during an accident. It also applies to the policy holder's children and not just for your personal car accidents but for accidents that could occur when they are riding in their school bus. It also covers members of your household and passengers in your car who do not own vehicles and therefore doesn't possess the PIP insurance cover. The PIP cover also protects you should you get in a car accident while a passenger in somebody else's vehicle, or if you get knocked down by a vehicle as a pedestrian or when cycling.

If you get into an accident with a passenger who possesses their own PIP coverage, then their injuries will be catered for using their own PIP cover. This rule also applies to drivers who might get into an accident when driving your vehicle with permission.

There are certain compensations that are not applicable to injured drivers or passengers under the PIP claim. For instance, you cannot claim for pain and suffering under your PIP coverage. If you have however incurred permanent injuries as a result of the accident, you can get permission to file a lawsuit against the individual or entity responsible for your injuries, and therefore seek the full range of car accident compensations.

Car accident Florida Laws are very specific to the State and other than familiarizing yourself with the laws.

*Disclaimer: The views expressed here are those of the authors and do not necessarily represent or reflect the views of Butash Law Group*

About the Author

Michael G. Butash

Michael G. Butash Stetson University College of Law Florida State University Former State Prosecutor Mike grew up in the Tampa Bay area and graduated from Stetson University College of Law in 1997. He was immediately hired as an Assistant State Attorney for the 6th Judicial Circuit (Pinellas/...

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