Florida is one of the few states that has no-fault auto insurance laws. Although these laws were implemented to protect motorists financially, they have given rise to various misconceptions that can prove detrimental in certain scenarios.
For example, just because you have personal injury protection (PIP) insurance does not mean you lose the right to file a lawsuit against a motorist who caused a collision that resulted in permanent injuries. Pursuant to Florida Statute 627.737, a permanent injury is one that results in:
- The significant and irreversible loss of a bodily function;
- Significant and irreversible disfigurement or scarring; or
- Death.
Under no-fault insurance laws, you may also file a claim against a negligent motorist if the damages that you incurred are more than the amount of your PIP coverage. In Florida, the minimum required PIP coverage is $10,000, which should cover 80 percent of your medical bills and 60 percent of your lost wages.
If your damages exceed $10,000, though, you can try to recover the difference from the at-fault motorist.
If you were hurt in a motor vehicle collision and you are not sure how your PIP policy affects your right to file a claim, contact Probinsky & Cole. A Brandon injury lawyer on our team will assess the circumstances of your accident to determine if you have grounds for a claim against the liable party.
Call 866-805-8947 to schedule a free case evaluation.
Read on to learn what you should know if you are thinking about filing a personal injury claim following a car crash:
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You Only Have a Limited Amount of Time to File a Lawsuit
When it comes to motor vehicle collisions, each state has its own statute of limitations for filing a personal injury claim. In Florida, for example, accident victims typically have four years from the date of the incident to bring a lawsuit.
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It Is Possible to Make Mistakes Early in the Proceedings That Jeopardize the Final Outcome
If it is obvious that the costs associated with treating your injuries will exceed your PIP coverage and you want to file a personal injury claim, you should talk to an attorney before discussing the case with anyone else. Sadly, many injured parties do not realize that they can hurt their ability to recover the compensation they deserve early in the proceedings.
For example, if you provide the insurance adjuster with a recorded statement before you know the true extent of your injuries, you are limiting the size of the settlement that you will ultimately be able to secure. You can also jeopardize your case by failing to seek medical care within a reasonable timeframe and by failing to document your injuries from the start.
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Seeking Legal Counsel Can Pay for Itself
If you are certain that you want to file a claim but you are on the fence about hiring an attorney, consider this: Working with a lawyer can pay for itself because you could end up securing a much larger settlement if your attorney helps you avoid a costly mistake such as accepting a settlement too early, discussing your case on social media, or making a recorded statement to the insurance company.
To discuss your situation with a Brandon auto accident attorney, contact Probinsky & Cole. Call 866-805-8947 to schedule a free consultation.