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Understanding Florida No-Fault Insurance Laws

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Florida is among the growing number of states that operate under a “no-fault” insurance system. If you have been involved in a collision in Florida, understanding the basics of the Florida no-fault system is essential.

The concept behind all no-fault insurance systems is to provide injured parties with a more streamlined method of compensation for those injuries. The downside to a no-fault system is that only victims who suffer a “serious” injury have the right to compensation for “pain and suffering” caused by the crash.

If you are injured in a Florida motor vehicle accident, your own car insurance company will be responsible for covering your medical bills and lost wages (up to a point) regardless of who was at fault in the crash. Eliminating the need to prove who was at fault in a collision means that an injured victim should be able to receive medical treatment without complicated litigation and negotiation. Compensation for non-economic damages, what most people refer to as “pain and suffering”, however, is not available under the no-fault system unless the victim’s injuries exceed the “serious injury” threshold.

Whether an injury qualifies as a “serious” injury is a factual question. In general, though, a victim must show that he or she sustained a permanent injury or suffered significant scarring or disfigurement before the serious injury threshold is met. If a victim does have a serious injury, then he or she is entitled to pursue additional compensation through a traditional personal injury claim or lawsuit.

Along with the compensation restrictions that the no-fault system imposes, the Florida no-fault law currently requires a victim to seek treatment within 14 days of the accident or a claim will be denied.

There have been countless Brevard County residents that have come to Cameron Law in their time of need. If you or a loved one has been involved in an automobile accident, get in touch with attorney Perry Cameron today!