Auto Accidents
Automobile collisions are governed by Florida’s No-Fault law.
Under No-Fault, your own car insurance, under PIP coverage, pays for up to $10,000 (depending on whether you chose a deductible) for treatment and lost earnings. Treatment is paid at 80% and lost wages at 60%. The new PIP law that went into effect in January, 2008 calls for more documentation by the doctor’s office, and limits some types of treatment.
Florida law puts the burden on the injured person to prove both that the other driver was at fault and that their damages are as a direct result of the other party’s fault.
As to the issue of fault, Florida is a “comparative fault” state, meaning that the percentage of fault can be apportioned among parties – including the injured person. For instance, if a jury finds that the injured person was 50% responsible for the incident, then injured party is awarded only 50% of their damages. And sometimes the interceding act of another can be used as a defense to fault. Example: if a dog runs into the road causing a driver to swerve into another car, the jury may find that the driver was not at fault.
Your damages related to your personal injuries can fall into three possible categories:
1. Past and future medical treatment expenses.
The treatment costs that are not paid by your own insurance company under PIP can be part of your claim against the at fault vehicle.
If Medicare and/or Medicaid pays for any of your treatment, you will need to pay them back out of the money you get for your personal injury case at least part of what they paid. The same may be true if private health insurance paid for some of your treatment.
2. Past and future lost wages/loss of earning capacity.
The lost wages that are not paid by your own insurance company under PIP can be part of your claim against the at fault vehicle.
Under Florida law, if you receive Social Security Disability, there may be a reduction in what you can collect in the personal injury claim for lost wages/future loss of earning capacity.
And if you receive worker’s compensation or long-term disability benefits, you may need to pay the insurance company back out of the money you get for your personal injury case.
3. Pain, suffering and the loss of enjoyment of life.
BUT, you are not entitled to compensation for any pain and suffering unless you can prove you received a “permanent injury” or “significant scarring”. Not surprisingly, what constitutes a permanent injury is usually contested by the other side.
If you have uninsured motorist coverage, you may have a claim with your own insurance company where the at-fault party either does not have any insurance or their insurance is not enough to cover all of your damages.
TIP: Remember that the adjusters for the insurance companies have training and experience well beyond what the average citizen has. You do not want to give them any statement until you have had a chance to discuss your legal rights and responsibilities with your attorney.
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