In Florida, recovery for injuries as a result of an automobile accident are generally dictated by the No-Fault law. All Florida residents owning a car are required to insure their cars with $10,000.00 Personal injury Protection benefits and $10,000.00 for property damage. The minimum state requirements for PIP are for a $10,000.00 policy (a $2,000.00 deductible is permitted) that pays 80% of medical and 60% of lost wages. Of course, you can and should insure yourself with better coverage and many people do. The driver causing the accident is then theoretically responsible to pay the remaining 20% of medical and 40% lost wages, but I use the word theoretically because Florida law imposes no responsibility on drivers to secure bodily injury insurance coverage to pay these unpaid amounts. You can purchase Uninsured Motorist insurance to cover these amounts on your own policy.

Because your own No-Fault company pays some of the medical bills, our state legislature has enacted a law that requires you to sustain a permanent injury, within reasonable medical probability, in order to get a recovery from the at fault driver beyond medical and wage loss benefits. It is this permanency requirement that make Florida law difficult at times. Unless there is an injury like a broken bone or obvious scarring that anyone should consider permanent, the insurance companies seem to have a never ending list of doctors willing to examine an injured person (e.g. with a neck or back injury) and say that their injury is not permanent - even though your doctor may say that your injuries are permanent. It then becomes up to a jury to decide whether an injury is or is not permanent. It is because of this disagreement in the medical community over what exactly constitutes a permanent injury that makes it important to choose your medical providers from the beginning. An experienced attorney can be of assistance in this matter by letting you know which doctors seem to give you the benefit of the doubt and which ones always seem to side with the insurance companies.

As Florida gets more and more transient workers and people who can only afford the minimum coverage required by law, it is important when buying insurance to purchase uninsured motorist insurance to cover you and your family in an auto accident. This type of insurance will step into the shoes of either an uninsured or an under insured driver to help you recover money you deserve for your damages.

You have four years to perfect your claim in Florida for an automobile accident but it is important to get your claim started promptly and properly. Give us a call to help