Florida’s no-fault laws concerning accident compensation are intended to facilitate a claim. However, the amount you receive is dependent on the limits of your policy. If your injuries are serious, this limit might not cover the financial loss you incur. In this case, you can go outside the no-fault system and file a claim against the other driver and his or her insurance company. You may be offered a settlement rather than pursuing a court case, particularly if the evidence suggests you might win at trial. The amount of the settlement is negotiated. Without the assistance of an experienced attorney, the settlement amount may be less than what you need.
No-Fault Insurance Limits
No-fault insurance pays for medical bills and lost wages. This is covered in your motor vehicle policy under personal injury protection. Overall, it does not involve who was to blame for the accident, and the injured person’s insurance pays his or her bills. There are limits on the amount of payment based on individual policy parameters.
No-fault insurance does not cover damages beyond your coverage limit. In Florida, motorists are required to have a minimum of $10,000 in personal injury protection and property damage liability insurance. Under this, 80 percent of medical bills and 60 percent of lost wages are covered, less the applicable deductibles up to the policy limits. It does not matter who was at fault at this stage.
Collision Insurance
Collision is another non-mandatory coverage in Florida that covers damage to a vehicle. This covers the amount of damage to your vehicle or pays a replacement cost equal to its current value if the vehicle is totaled.
Instances Where an Injured Driver Can File a Lawsuit
Once you have collected what your policy allows, it may be necessary to file a lawsuit against a negligent driver. The lawsuit must comply with relevant laws outlining when you can do this. Basically, if you suffered a serious injury that may be life-changing, permanent or involves disfigurement, you may hold a negligent driver liable and file a lawsuit.
Negotiations Throughout the Process
Negotiations may occur at different times after an automobile accident. The insurance company is required to pay reasonable medical costs and lost wages under PIP. However, the insurance company might dispute payments that it feels are too high and offer a lower amount. Challenging the insurance company’s offer is best left to an experienced negotiator, and having a car accident attorney to do this might be advantageous.
Based on an insurance adjuster’s investigation, the insurer may try to infer that the insured was partly at fault for the accident, allowing the company to offer less in collision benefits. Disagreeing with the offered amount is not unusual, and your personal injury attorney can help you show that the offer is unrealistic. The insurance might recalculate that figure and make a second offer. An experienced attorney can make a difference in terms of what is agreed upon.
Comparative Negligence
This concept in Florida is defined as pure comparative negligence. Using this rule, the amount you receive is dependent on the amount of complicity you might have had in the accident. For instance, if you were turning at a busy intersection without engaging your turn signal and another driver was speeding at the same time and broadsided your car, you might be held partially liable. In that case, the percentage of responsibility for the accident may be deducted from the amount you hope to receive. An insurance company may use statements by witnesses to assign fault without proof of the witness’s veracity. This may need to be challenged, and a car accident attorney with experience in this area may help.
Settlements Are Complex
Depending on the plaintiff’s case, settlements may be offered before the trial begins. Many times, the negotiation process is complex with the initial offer being low. An attorney may advise rejecting that offer and will draft a rejection letter. After computing damages such as medical bills left unpaid by the no-fault insurer and lost time from work, the attorney may deliver a counteroffer. This offer might also include future medical needs due to the accident and an inability to return to work. Since pain and suffering may be added to the lawsuit damages, this is included.
This offer may be acceptable or continued negotiations may be necessary to arrive at a settlement amount that both parties find appropriate. If this is not possible, your attorney may take the case to court to be decided by a judge and jury.
A Car Accident Attorney Can Help
In cases where an individual is injured in a car accident, dealing with an insurance company or becoming aware of state statutes involving lawsuits might be difficult. Having a car accident attorney at your side can make a difference. Calling the law firm of Kaiser Romanello at 844-877-8679 will provide you with the assistance you need. The attorneys are experienced in such cases and will be able to negotiate on your behalf. After reviewing your case by looking at medical records and accident details, the attorneys will answer your questions and help you obtain appropriate compensation for damages. Get your future back on course, contact Kaiser Romanello today!
