No-Fault Car Accident Laws — Who Pays?

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Miami Personal Injury Attorney Accounts for No-Fault Car Accident nsurance 

Getting into a car accident can be expensive; after all, the costs associated with medical expenses, property damage, and lost income can add up. In some states, the party at fault may be held financially responsible. But what happens if you are in a no-fault car accident state? Who is responsible for paying for the damages? Even if the police and insurance company tell you that no one is at fault for your car accident, it may be worth talking to a Miami personal injury attorney.

Car accident lawsuits can be costly and time-consuming; that’s why Florida has become a no-fault state. What does this mean? When you are involved in a vehicle collision, you don’t have to prove that you weren’t responsible for the accident. Instead, your auto insurance company will pay for your medical bills, physical therapy expenses, and lost wages up to your coverage amount.

While medical and lost income expenses are covered by your insurance company under no-fault accident insurance, insurance claims for damage to your vehicle or other property is still based on fault. If the other driver was at fault for the accident and your vehicle sustained serious damage as a result, you can file a claim with his or her insurance company, file a lawsuit, or file a claim with your own insurance company for collision coverage.

You may also be eligible to file a lawsuit if your sustained serious injuries and your medical treatment will exceed a certain threshold. A serious injury is defined as: 

  • scarring;
  • permanent disability;
  • loss of use of a body part;
  • disfigurement; or
  • fractures

Florida and Comparative Negligence

In the past, under the contributory negligence rule, if a person was partially at-fault for an accident, he or she was unable to collect compensation for financial losses. Today, however, Florida residents may be eligible to recover damages even if they were 99 percent responsible for the accident. The catch is that your compensation will be reduced by the percentage of your fault in the collision.

For example, if your brake lights weren’t working and you were rear ended by another vehicle, the insurance company could decide you were 30% at fault for the accident. If you are awarded $10,000 for the crash, you will only receive $7,000 since you were partially responsible.

Contact a Miami Personal Injury Attorney

A Miami personal injury attorney can take an objective look at your case to determine if any evidence points to the other party’s liability. To learn more and to receive a free consultation, please call the Falk & Falk Law Firm today at 305-279-0999.