Many states, including Florida, have adopted no-fault liability for car accidents. For more information, download our free car accident and personal injury guides. You can also contact our office to schedule a free consultation with our experienced Jacksonville attorneys.
No-Fault Liability for Car Accidents | What to Know
When a driver has been in an accident in Florida, No-Fault Auto Insurance allows the driver to collect from his or her insurance company no matter who is at fault. When the damages or injuries exceed a certain monetary threshold or injury level, the injured parties are free to pursue full compensation against the responsible or negligent driver.
If you or a loved one is involved in an automobile accident, you must seek medical treatment within fourteen (14) days, or you get NONE of the car accident insurance you paid for.
Florida’s No-Fault law’s changes became effective on January 1st. The law now states that if a person injured in a car accident waits to see if his or her injuries will improve and fails to seek medical care within two weeks of the accident, the person’s insurance carrier does not have to pay for any medical treatment or lost wages even though the person paid for this coverage.
No-Fault Liability for Car Accidents | Compensation
Compensation is determined by the severity of your injuries. Typically speaking, the worse your injuries are, the more you will be compensated. What also goes into determining how much you will be compensated is the amount of time you will be affected by your injuries, if you will need future medical treatment, if you need surgery, and factors such as those.
No-Fault Liability for Car Accidents | Comparative Negligence
What you should also be aware of Florida’s pure comparative negligence rules. This has to do with shared fault for the car accident. If you were obeying all traffic laws, and someone smashed into you, odds are you won’t share fault. If you were at all responsible for the accident, say you were speeding when you were t-boned, then you would be deemed a certain percent of fault. When you are partially responsible, you will have a reduced compensation award. The only way to get completely barred from compensation is if you are deemed 100% at fault for your accident. The way partial fault works is as such: if you were found to be 20% at fault for your car accident, and you were awarded $100,000 for your damages, then it would be reduced to $80,000. That is why we will work hard to keep the insurance company from blaming you for an accident.
If you have been seriously injured in a car accident, please don’t hesitate to call our Jacksonville car accident attorneys at Edwards & Ragatz to set up a free case evaluation. We will work tirelessly to get you the fullest and fairest amount of compensation possible.