Though many states follow a fault based car insurance process, Florida works on a no-fault basis. What does this mean for a driver? If they are involved in an accident, regardless of who was at-fault for the collision, they will submit a claim to their own insurance company. Their company will then pay them any damages for injuries suffered in an accident.
Overall, the process is much more efficient and direct, not forcing a driver to prove fault or negotiate with the other driver's insurance company. This can also take the stress off of a driver who caused the accident, covering their injuries even if they are the one responsible.
While there are many great benefits to having no-fault insurance, there is a glaring issue with this type of coverage. A driver is seriously limited in the amount and types of compensation that can be collected. This means that if you have a severe injury, your insurance may only cover half the medical expenses. You cannot claim damages for pain and suffering or general damages with no-fault insurance.
However, if your injury is severe enough, you may be able to pursue legal action against the at-fault driver. Some of the following injuries may be considered eligible for further compensation:
Pursuing a claim can be challenging though, requiring sufficient proof and evidence that your injury is severe enough to receive additional compensation from the other party. Not only do you need to prove the extent of your injuries, but you must also prove the blatant negligence and reckless behavior of the other driver caused the accident that led to your injury.
If you have questions regarding no-fault insurance and how to pursue a car accident claim against another driver, be sure to contact our firm today.