A special law in the state of Florida requires that drivers carry no-fault insurance. This law is designed so that anyone injured in an auto accident can obtain compensation whether or not they were at fault. The Central Florida auto accident attorneys of Chanfrau & Chanfrau have compiled some frequently asked questions about the no-fault insurance law, and information on the Personal Injury Protection (PIP) requirement.
You have your Personal Injury Protection (PIP) claim to your own insurance company, regardless of fault. Also, if the other driver is at fault, you have a property damage claim against the other driver's property damage liability insurance coverage. If the other driver is at fault, and you are injured, you have a bodily injury claim to the other driver's bodily injury liability insurance coverage, assuming you meet certain threshold injury requirements.
The no-fault law establishes a limited exemption from liability for the injuries someone causes to others in an automobile accident. The law also establishes Personal Injury Protection (PIP) benefits to pay for certain losses (including medical bills and lost wages) resulting from a motor vehicle accident.
If you are a resident of Florida and own a motor vehicle, you are required to purchase PIP insurance. You are covered by PIP if you are the named insured in the policy. You, as the named insured, are covered by PIP while driving your vehicle or when you are a passenger in someone else's vehicle. You are also covered if you are outside a vehicle. For instance, if you are a pedestrian and are injured by a motor vehicle. Finally, your children and your relatives who live with you, the insured, may be covered by your PIP insurance benefits while they are driving your car, or as passengers in someone else's car, or as pedestrians when injured by another motor vehicle.
Our Central Florida auto accident attorneys are experienced and familiar with Florida no fault insurance laws. Contact our lawyers in Daytona Beach today.
If you or a relative living with you are injured while outside the state of Florida and are in your insured Florida motor vehicle, you are covered under your PIP insurance as long as the accident occurs within the geographical limitations of your insurance policy. Generally speaking, most policies include the entire United States, its territories or possessions, and Canada within their geographical coverage.
Yes. If your passengers or relatives living with you have a motor vehicle of their own licensed in Florida or own a motor vehicle required to be licensed in Florida, they are not covered by your PIP insurance coverage. They must purchase their own PIP insurance. Further, if you are outside the state of Florida and not in your own vehicle, the coverage does not apply.
Yes. An insurer may exclude PIP insurance benefits for an injury suffered by a person who drives your motor vehicle without your consent. Exclusions also apply to an injured person if that person's conduct contributed to the injury. For instance, if the individual suffered an injury that they intentionally caused themselves, or if they were injured while committing a crime that is a felony, they are excluded from coverage. An individual may also be excluded from PIP coverage if they suffered injuries caused by the named insured and any relatives living in the same household while occupying another motor vehicle owned by the named insured but not insured under the PIP policy in question.
For more information on Florida no fault insurance, our Central Florida auto accident attorneys can help. Contact the law firm of Chanfrau & Chanfrau today.
PIP deductibles are available in amounts ranging from $250 to $2,000. You may elect a deductible to apply to you as the named insured or to you and your dependent relatives who live with you. Regardless, any deductible will not apply to any other person covered under the policy. Although you can elect such deductibles and they will probably result in a reduced premium, Chanfrau & Chanfrau recommends against doing so. Also, if you are an active military or retired military person, you may elect to coordinate your PIP benefits with military benefits for yourself and dependent relatives. You may elect the benefits for loss of income and loss of earning capacity (the previously mentioned disability benefits) to be excluded from your PIP benefits.
Personal Injury Protection deductibles are taken from the amount payable for medical benefits and disability benefits. For example, if you have a $10,000 medical expense, PIP pays 80 percent or $8,000.00. If your deductible is $2,000, it is deducted from the $8,000 (the benefit due at the rate of 80 percent). Thus, considering the benefits due ($8,000) less the deductible of $2,000, your benefit amount payable on this first $10,000 expense is $6,000. Please note, however, that deductibles are not applied to reduce the amount of a death benefit.
The Central Florida auto accident attorneys at Chanfrau & Chanfrau can help you navigate the sometimes complex regulations and mandates required by Florida no-fault insurance laws and determine how they apply to your personal injury case.
We also represent cases involving auto accident, boat accident, motorcycle accident, accidental death, trucking accidents, water craft accidents, premises liability, slip and fall accidents, sexual child abuse, physical child abuse, nursing home negligence, dog bites, product liability, construction accidents and criminal defense. Contact our personal injury lawyers in Daytona Beach today for a free consultation and we will review your case.
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