What is no-fault law?

In Florida every vehicle owner is required to carry Personal Injury Protection (PIP) coverage as a part of their automobile insurance. This coverage pays the driver or passenger's bills without regard to fault up to the limit of the insurance. The minimum insurance that can be carried is $10,000.

Thus, after an accident one's own no-fault coverage pays 80% of all medical bills and 60% of all lost wages. There is also a $5,000 death benefit.

PIP claims must be made within 14 days of the accident. All insurance policies require that the insured cooperate with the insurance company, including giving statements regarding the accident and providing any documents that the insurance company requests.

The idea behind PIP is that it will lower the number of court cases that are filed arising out of an automobile accident. This kind of insurance covers the insured regardless of what car he or she is driving, including borrowed or rental vehicles.

In addition to PIP coverage, an insured may choose to purchase medical payments insurance, which covers medical bills beyond the first $10,000 covered by personal injury protection coverage. An insured may also choose to purchase uninsured motorist coverage.

In order to bring a lawsuit for damages other than those covered by PIP, an individual must have an injury that is higher than the tort threshold. That means that the injury meets one of these criteria:

a) A significant and permanent loss of an important bodily function

b) A permanent injury within a reasonable degree of medical probability

c) Significant and permanent scarring or disfigurement

d) Death

A lawsuit to recover noneconomic damages such as pain and suffering and loss of enjoyment of life can only be brought if the injury is serious enough to meet one of these thresholds.

Lawyers who handle these cases do so on a contingency fee basis, meaning that they get paid a percentage of recovery rather than charging an hourly fee.

Theodore Babbitt is senior partner in the law firm of Babbitt & Johnson, P.A., and is a member of the Inner Circle of Advocates, which is limited to the top 100 personal injury lawyers in the United States.

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Ted Babbitt

Babbitt and Johnson, P.A.

1641 Worthington Road, Suite 100

West Palm Beach FL 33409

(561) 684-2500

www.babbitt-johnson.com

[email protected]

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