We are ready to serve you with a free virtual consultation during the COVID-19 outbreak. Click Here for more information.

At Fault vs. No Fault States

Florida operates under a no-fault law regarding car accidents. This means that if you are involved in a car accident, the idea of “fault” essentially does not matter. Fault does not matter in Florida because you are required to carry personal injury protection insurance coverage, which covers your own medical bills and other damages. Florida installed the no fault law in order to lower legal costs and avoid lawsuits. The idea behind it is that if each party involved in an auto accident is responsible for their own damages, there will be no need to go to court with the “at-fault” party or the insurance company to receive compensation.

Florida is one of the few states that operates under a no fault system. Another reason Florida adopted the no fault system was to reduce auto insurance premiums by reducing the number of car accident cases in the courts. However, rates are actually on average 25% higher in states that operate under a no fault system. The no fault law requires drivers to give up some of their rights to sue another driver in order to receive compensation. However, Florida is a “modified no fault” state, meaning that if you are injured in a car accident and your medical bills or property damage exceed the amount of insurance coverage you have, you can sue the other driver for compensation if you can prove they were careless or negligent when they caused the accident. Many drivers in no fault states choose to sue their insurance company for damages for which they have not been compensated.

In states where “fault” does matter in a car accident, most are required to carry bodily injury liability insurance coverage. Bodily injury covers medical bills, lost wages, property damage, etc. of others you (the at fault driver) have incurred in a car accident. The minimum bodily injury protection required in “fault” states is much higher than the required amount of PIP in Florida. The parties involved must prove fault, which is done by eyewitness reports, police reports and testimonies of those involved.

Hire an Experienced Orlando Auto Accident Attorney

If you or a loved one have been involved in a car accident and you do not think your personal injury protection coverage will fully compensate you, it’s important to contact an experienced Orlando Auto Accident Lawyer to help you file a lawsuit. We can help you obtain compensation for medical bills, future medical treatment, loss of wages, pain and suffering, etc. Feel free to fill out our quick contact form on our website to discuss your legal options in greater detail.

Click Here For Your Free Consultation

Copyright © Michael T. Gibson, P.A. 2020