In case you’re unaware, Florida is considered a no-fault state for auto insurance. That means it really doesn’t matter who is to blame in an auto accident; claims are made against one’s own insurance. Other states operate on a tort or fault-based system. In these states, it matters who was negligent for the accident. One party is to blame, and that party’s insurance is the one that is required to pay.

While some believe that this is the better system because it declutters the courts, others have remarked that no-fault states lack the force of law to hold negligent drivers accountable. In addition, since insurance companies are forced to pay out regardless of whether or not one or the other driver was at fault, these insurance companies are claiming that they are now the victims of predatory health centers that inflate costs to them.

State Farm Files Suit in Federal Court

A lawsuit filed in the Southern District Court of Florida alleges that three clinics cheated the PIP insurance provider out of $4.7 million in phony charges. While no one is really happy about the state of no-fault insurance, a call to repeal died in committee last February.

The majority of states require that drivers carry liability insurance and also mandate that insurance companies at least offer some form of PIP protection. The sorts of policies pay out in the event of a hit and run accident or an under or uninsured motorist causes an accident.

Since Florida has some of the most dangerous roads in the country, many people have been calling for the repeal of no-fault insurance statutes. On the other hand, now that major insurance companies with money to lobby politicians are involved there may be renewed efforts to go to a tort system.

The vast majority of even tort states require that drivers carry some form of insurance policy. Many also require that those who pursue damages against a negligent party not be themselves more than 49% liable for the accident. This helps reduce clutter in the courtrooms while enforcing personal responsibility and reducing fraud against insurance companies.

Florida’s politicians, however, remain steadfast that the problem isn’t big enough to warrant rethinking the state’s approach to no-fault insurance.

You Can Still Sue for Damages in a No-Fault State like Florida

While the vast majority of car accident claims cannot be litigated according to Florida statute, those who suffered severe injuries, permanent impairments, or disfigurements, may have cause to bring a lawsuit against a negligent party. Since these cases are rare, the idea was to move all this volume off the courts with no-fault insurance. Unfortunately, the solution has become more of a problem than the original problem.

Contact Us Today

If you sustained serious injuries in a car accident, you can sue, even in Florida. Give the personal injury attorneys at the office of Alan Goldfarb P.A. a call or contact us online for a free consultation.

Resources:

floridapolitics.com/archives/257049-prospects-pip-repeal-dive-senate-panel-disdains-legislation

floridapolitics.com/archives/270737-lawsuit-clinics-pip-reform

Florida and Michigan remain two states that still use PIP.

The Theory Behind No-Fault Insurance

Once upon a time, no-fault insurance was all the rage. Many were dissatisfied with tort-based systems that resulted in lengthy and expensive court battles. Mandatory PIP for drivers was supposed to change all that and usher in a new era of easy claims and less pressure on the courts.

Many states still allowed drivers the right to sue negligent drivers under certain circumstances. Florida was among them. One Florida driver may sue another in the event that they’ve sustained serious or permanent injuries.

Why Detroit is Suing Over No-Fault Insurance

Detroit mayor, Mike Duggan, has filed a lawsuit in Federal Court against the Michigan Department of Insurance director, Patrick McPharlin. Among the allegations leveled against Michigan’s no-fault insurance system:

• Auto insurance rates are excessively high
• Requires unlimited personal injury protection benefits
• No fee schedule for medical services
• Makes it easy for medical providers to defraud insurance companies

While having “unlimited” protection may sound like a good thing, Michigan residents end up paying nearly twice the national average for car insurance.

According to the lawsuit, the plaintiffs are asking that the state modify the current no-fault insurance laws or repeal them entirely and go back to a tort-based system.

Suing a Negligent Driver Under Florida’s No-Fault System

Just because Florida forces drivers to carry PIP or no-fault insurance doesn’t mean that drivers are free to drive negligently. Indeed, lack of accountability is one criticism that no-fault insurance can’t seem to shake. Nonetheless, there are some circumstances under which the victim of negligent driving can initiate a lawsuit in Florida. These include:

• Severe disfigurement
• Bone break or fracture
• Permanent impairment
• Complete disability for over 90 days

In this case, a permanent impairment means the permanent loss of a limb, the functioning of a body part, blindness, traumatic brain injury, or other permanent condition that resulted from the injury.

In some cases, the driver will actually carry bodily injury liability insurance. In other instances, you will have to sue the driver directly in court.

While Florida’s no-fault insurance leaves a lot to be desired and legislators perennially consider repealing it to go back to a tort-based system, Floridians may always take solace in the fact that at least it’s not as bad as Michigan’s.

Contact a Miami Traffic Accident Attorney Today

If you’ve sustained serious injuries in a traffic accident, Alan Goldfarb and his team in Miami can help you recover damages from the negligent party. Give us a call or contact us online for a free consultation.

Resource:

https://www.usnews.com/news/best-states/michigan/articles/2018-08-24/detroit-mayor-residents-sue-over-no-fault-insurance-law

Meanwhile, texting while driving is a major cause of distracted driving accidents, a category of traffic accidents for which Florida ranks second in the country.

The bill is set to make texting while driving a primary offense, meaning that police officers will be able to pull you over if they catch you texting and issue you a citation.

Florida remains one of only four states in which an officer cannot pull over a driver for texting.

Texting While Driving and Florida Personal Injury Lawsuits

While Florida is a no-fault state when it comes to traffic accidents, no-fault may be a deceptive description of how the system works.

Every Florida driver is required to carry $10,000 worth of PIP (personal injury protection insurance). PIP covers medical expenses, lost wages, and other economic damages. It doesn’t matter who caused the accident, the driver’s own PIP coverage pays out in the event that they are injured.

In a no-fault state, PIP insurance covers only 80% of the insured’s medical expenses and 60% of their lost wages. On top of that, there’s a deductible.

So, let’s say you make $3000 a month. You are driving on your way home from work while another driver is texting. They run a red light and t-bone your vehicle. You have $5000 in medical expenses. You lose two months from work in recovery.

Even though you make $3000 a month, you are only eligible to collect 60%. That’s $1800 for each month or a total of $3600. In addition, you have $5000 worth of medical expenses. You can only get $4000 paid off through insurance. So basically, through no fault of your own, you’ve managed to incur $2400 in lost wages and $1000 in medical expenses. You can add whatever your deductible is on top of that.

Exceptions to Florida’s No-Fault Insurance

Under Florida law, drivers must turn to their own insurance for compensation when they are injured. There are, however, exceptions.

• If a driver suffers a permanent physical injury in a traffic accident, then they can sue the at-fault driver.
• If the injured party’s losses exceed $10,000, then they can sue the at-fault driver.

Florida’s no-fault insurance is not a perfect system. It’s not even a good one. It doesn’t punish at-fault parties for poor driving, and it does punish the injured party’s merely for being unfortunate. There are, however, situations in which hiring a personal injury attorney to litigate your claim against a negligent driver are allowed.

If you’ve been in a car accident and sustained permanent injuries or losses totaling more than $10,000, reach out to the Miami attorneys at the office of Alan Goldfarb, P.A. and we can help to recover your damages.

Resources:

sun-sentinel.com/news/transportation/fl-reg-florida-second-most-distracted-20170412-story.html

nbc-2.com/story/38228240/texting-while-driving-bill-gaining-new-life

Two Week Window

If you are planning to apply for PIP benefits, you need to obtain treatment for your bodily injuries within two weeks of the accident. If you wait any longer, your PIP claim can be denied.

PIP Does Not Cover All of Your Damages

Even if you qualify to get PIP benefits, it is important to understand that it will not cover all of your harms and losses. For example, PIP will cover only 80 percent of your medical bills and 60 percent of your lost wages.

PIP Does Not Coverage Every Injury

In addition to limiting the amount that is covered, PIP does not offer the same level of compensation for all injuries. In fact, you need to have a serious medical condition to gain access to the full amount of PIP benefits. If you don’t have this type of condition, your PIP benefits will be limited to $2,500.

If you suffered serious injuries, there is a good chance that $2,500 will not properly compensate you for your harms and losses, which is why it may be necessary to file a personal injury claim. When you hit the cap on your PIP benefits, take the time to speak to an experienced Miami car accident attorney to discuss your legal options.

PIP Does Not Cover Every Treatment

Along with limiting the types of injuries that are compensated under PIP, there are limitations on the types of treatment that will be reimbursed. For example, if you visit an acupuncturist or massage therapist, those treatments are not covered under PIP.

You May Be Asked To Undergo an IME (Independent Medical Examinations)

In Florida, auto insurance companies have a right to request an insured filing an injury claim to undergo a medical exam that is conducted by a medical professional selected by the company rather than by you.

During the IME, it is critical that you do not agree to anything or consent to something your lawyer has not had a chance to review (e.g., documents).The only exception would probably be a schedule form indicating  you’ve arrived at the medical office. If you have questions during the IME, be sure to speak to your Miami car accident lawyer. It is also important that you do not discuss your case with the doctor.

Speak to a Miami Car Accident Lawyer Today

Navigating the PIP claims process can be confusing and, as you can see, features a myriad of exceptions, loopholes, and limitations you need to be ready for when filing a claim. Let our team of Miami car accident lawyers help. The experienced attorneys will work tirelessly to make sure you receive the compensation you deserve after a serious accident. Contact Alan Goldfarb, P.A. today to schedule a free case review.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.736.html

You will probably receive bills from the ambulance service that transported you to a local hospital, the treatment you received from the ER, the radiology department within the hospital, etc. And this does not even include the costs associated with follow-up visits, prescription medications, chiropractic visits, physical therapy, and so on. You probably feel a bit overwhelmed. Do not fret. There are steps you can take to help manage the medical bills you accrue after a car wreck.

Utilize Your PIP Coverage

Florida is a no-fault auto insurance state. This basically means you can file a claim for reimbursement of medical expenses and lost wages without a designation of fault in a collision. The coverage you can access is known as Personal Injury Protection (PIP) benefits.

But it is important to understand that PIP is a limited benefit that only covers a portion of your medical expenses. The cap on PIP benefits is $10,000 per person for accrued medical expenses stemming from the injuries you suffered in the wreck and when those injuries are deemed to be an emergency medical condition. If your injury does not meet these criteria, you can only access up to $2,500 in PIP benefits.

In addition, PIP only pays 80 percent of “reasonable” medical expenses which typically include diagnostic scans, surgery, and some rehabilitative services,

PIP can also be accessed to help reimburse you for your lost wages. But again, there are limits. PIP will only reimburse you for up to 60 percent of your lost wages and the amount is capped at $10,000 in total benefits.

14-Day Window

PIP will only compensate you for medical expenses you incurred within 14 days after the collision. This is why it is so important for you to seek immediate medical attention after a car wreck.

Benefits of Hiring a Miami Car Accident Attorney

If your damages exceed $10,000, you will need to file a personal injury claim against the other driver’s auto insurance company to seek further financial restitution. This process can wind up becoming quite complicated and frustrating, especially if you are struggling with a serious injury. Hiring an experienced attorney allows you to focus on your recovery. Your lawyer can take care of the legal work on your behalf.

Contact a Miami Car Accident Lawyer Today

The Miami car accident lawyers at the office of Alan Goldfarb, P.A. understand what it takes to get the financial restitution you are owed from the other driver’s insurance company. Our lawyers possess decades of experience helping injured Floridians in their time of need. Contact our office today to schedule a free, confidential case review with one of our attorneys.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.736.html