Is Florida a No-Fault State for Car Accidents? 2024

Car accidents can happen for many reasons, often leaving those involved wondering how they will recover from their injuries and property losses. Fault is a major concern for many car accident victims, but it is vital to understand the state’s laws for resolving vehicle accidents. The state upholds the no-fault rule for car accidents. This means that it does not matter who caused an accident; drivers are expected to use their own auto insurance to pay for their damages. However, insurance alone may not fully cover the total losses you experienced from a recent accident, and you should know what to do in this difficult situation.

Spohrer Dodd Trial Attorneys routinely provides legal counsel to car accident victims in the state. We take time to listen to each client’s story and help them determine the optimal path to recovering their losses. You’re likely to have many questions in the aftermath of a car accident, especially considering the no-fault rule. An experienced attorney can provide the legal guidance you need in the aftermath of your accident.

Proving Fault for a Serious Car Accident

Florida’s no-fault law can seem like an obstacle to recovery after some accidents. State law requires every driver to have auto insurance that includes Personal Injury Protection and property damage coverage. Drivers must have at least $10,000 in each type of coverage. This may be enough to compensate the policyholder’s damages from a minor accident, but there are some losses that their insurance will not cover.

Despite the no-fault rule, it is possible to file a civil claim against another driver if they are clearly responsible for causing your accident and your damages exceed your insurance coverage. You will still need to file your claim and recover as much as you can from your insurance, but any outstanding damages may then be added to your civil suit against the at-fault driver.

Most motor vehicle accidents are the result of “negligence.” This term refers to a party’s failure to meet a duty of care in a specific situation. For example, every driver has a duty of care to pay attention to their surroundings, and any type of distracted driving constitutes a breach of this duty of care. It is also possible for a car accident to happen from an act of illegal misconduct. In this situation, the at-fault driver faces not only liability for damages they inflict on others but also criminal prosecution from the state. Penalties for causing car accidents fluctuate based on why the accident happened and the scope of the damages caused.

Ultimately, the no-fault law does not mean you cannot seek compensation from another party if they are responsible for causing your recent car accident. If you want to maximize the compensation you obtain from an at-fault driver, it’s a good idea to consult an experienced attorney as soon as possible after your accident. Contacting legal counsel you can trust as soon as possible gives your legal representative more time to build your case.

FAQs

Q: Who Is Liable for Damages Under the No-Fault Rule?

A: Drivers in the state are expected to use their own auto insurance to pay for damages from a car accident, regardless of who is at fault. However, it is possible to have grounds for a civil suit if your damages exceed the scope of your insurance coverage and another driver is clearly to blame. You will need experienced legal counsel to help prove fault for the accident and maximize your recovery.

Q: How Do I Win a Car Accident Case?

A: You must prove liability for your damages to succeed with a personal injury case. If you suffered severe injuries and insurance cannot fully compensate your damages, you will need an attorney’s assistance to gather the evidence needed to prove fault for your accident. Under state law, a defendant found liable for a plaintiff’s damages may owe compensation for medical bills, lost income, property damage, pain and suffering, and any other losses not covered by insurance.

Q: What Insurance Is Required for Drivers?

A: Florida’s no-fault law for car accidents means that drivers must use their own auto insurance after an accident. The minimum coverage amount is $10,000 in Personal Injury Protection and at least $10,000 in property damage liability coverage. Drivers have the option to increase their coverage amounts and add optional types of coverage, but this will increase their insurance premiums. It’s important to strike a balance between affordability and coverage with any auto insurance policy.

Q: What Happens When Drivers Share Fault for a Car Accident?

A: Florida uses the modified comparative negligence rule. This means that it is possible for more than one party in a civil suit to share fault for the resulting damages, including the plaintiff. If a plaintiff bears partial liability for an accident, they can still recover compensation, but they lose a percentage of their case award equal to their percentage of fault. However, if their fault is 50% or more, they may not recover compensation from the defendant.

Q: Do I Need to Hire a Lawyer After a Car Accident?

A: Recovery from a minor accident may only require a claim against your own insurance policy, and it is possible to resolve this yourself. However, if you suffered significant injuries or your insurance cannot cover your total damages, it is important to consult an experienced attorney. A good lawyer can significantly improve your chances of recovering from your accident, both in terms of helping with the insurance claim process and building a personal injury suit if necessary.

Spohrer Dodd Trial Attorneys has helped many car accident victims throughout the state recover from these incidents. Whether you think you can obtain a full recovery through an insurance claim or you believe you will need to file a personal injury case, you can rely on our firm for help with all your recovery efforts. Contact us today to schedule a free consultation and learn more about how we can assist with your recovery.