Tampa No-Fault Accident Attorneys
Florida law requires that every driver carry at least $10,000 of liability protection for personal injury claims and $10,000 protection for property damage. Florida lawmakers passed the law in an effort to reduce the number of lawsuits filed because of car accident injuries. Primarily, no-fault laws in Florida pertain to injury coverage.
An Example of How Florida's No-Fault Car Accident Injury Laws Work
NO matter who is responsible for the accident, you have the right to seek up to $10,000 in medical coverage and wage-loss damages from your own insurance company. Any additional costs over and above the amount of your own no-fault coverage could be sought from the responsible driver's insurance company. Under Florida's no-fault laws, however, you would seek all property damage claims from the at-fault driver's insurance company.
Medical Treatment Costs
Filing a medical treatment claim against your own no-fault insurance policy puts you in the position of being a hostile claimant with your own insurance company. Do not expect the insurance adjuster to play fair and simply write out a check for the amount you claim. In the first place, the cost of your medical treatment does not cover the full amount of your financial damages. Most people can show a legitimate claim for lost wages, reduced earnings potential, and pain and suffering. Your insurance company will seek to limit their settlement to the amount you can show on hospital receipts.
In addition, the cost of medical treatment in a modern Florida hospital will almost certainly be above the amount of coverage most people carry on their no-fault policy. Additional monetary damages will need to come from the insurance company responsible for covering the at-fault driver, up to the amount of liability assigned for the accident. In other words, if the other driver was found to be 60 percent at fault for the accident and you were found to be 40 percent liable, you are entitled to seek compensation up to 60 percent of your remaining financial damages, after your no-fault coverage amount.
No-Fault Insurance Coverage and Drunk Driver Accident Claims
Florida law includes special consideration for accident injuries caused by a drunk driver. In general, if the at-fault driver was charged with DUI and causing the accident, there are special provisions for seeking financial damages from the liable party, including punitive damages and damages for pain and suffering.
As you can see, filing a claim for total monetary damages from your no-fault policy and from the other driver's insurance company is complex and can be frustrating and time consuming. At Hale & Paulsen, P.A., in Clearwater, Florida, we are experienced, knowledgeable personal injury insurance litigation attorneys. We have handled injury and wrongful death insurance claims in the millions of dollars and have more than 30 years of successful experience representing clients throughout the Tampa-St. Petersburg area. Whether you are a Florida driver, or were injured in an accident while visiting the state for vacation or business, talk to a lawyer at our firm first. We can help you recover the monetary damages you are entitled to.
Our Clearwater, Florida, personal injury protection attorneys advise and represent clients in insurance litigation matters in communities and courtrooms throughout the Tampa-St. Petersburg metro area.Contact us to schedule a free consultation today.
