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“No-Fault” & Determining Who’s at Fault After a Car Accident


The aftermath of a car accident will likely be hectic and you may feel flustered. With such an intense situation, the fine details can be difficult to keep track of and remember after the fact. 

The likelihood that you’ll be involved in a car accident at some point in your life is almost guaranteed. This is obviously not a daily occurrence but will likely still disrupt your life to some degree but it is important to know who will be responsible for the damages. From injuries to medical bills, lost wages, and more, it’s important to know who will be held responsible. In most states, there are specific laws to assign fault in the case of a car accident induced injury. However, in Florida, this is not the case as Florida is a no-fault state. 

What is a no-fault state?

Florida is a no-fault state. This means that in the event of a car accident, both parties turn to their auto insurance policies to make claims, regardless of who is at fault. 

In a no-fault state, a driver should carry their own UM insurance to cover themselves in the case that an accident or injury takes place. 

However, all Florida drivers are required to carry no-fault, Personal Injury Protection (PIP) insurance, which covers up to your first $10,000 in medical bill expenses should you ever get in an accident.

However, for additional coverage, you may file a personal injury claim and contact a personal injury attorney to uncover additional financial support from the at-fault drivers’ insurance policy. 

Learn more about Why UM Coverage in Florida Could Save You Thousands of Dollars

The importance of determining fault

Since Florida is a no-fault state and most drivers should have their own insurance that will cover a portion of their own injuries and damages, determining who is at fault is important in the case that an individual involved doesn’t have insurance or if their insurance won’t cover their total damages. 

In this case, a driver may decide to pursue a personal injury claim for additional compensation.

What happens if my injuries and/or damages are not covered?

Not to worry, if your injuries or damages are not covered under your PIP, you still have options! Per Florida Statutes. 627.730-670.7405, you may seek compensation for additional damages, such as pain and suffering, as well as serious, permanent injuries, disablement, or disfigurement.  

There are cases where you will be seeking compensation from the party at fault, perhaps they don’t have insurance coverage or they are simply trying to get out of paying. You may also encounter circumstances where your own insurance company will not compensate you fairly for the damages to which you’ve been subjected.

When it comes to determining fault and seeking fair compensation, it is best to seek counsel from a professional. We urge you to speak to an experienced personal injury attorney. If you need help navigating the aftermath of a nasty accident, please reach out to one of our attorneys at the Pipas Law Group.

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