After an accident, many individuals may be concerned that their automobile insurance is insufficient to protect against the severity of personal or property damages. To ease these concerns and help accident victims better prepare for this type of situation, it is imperative for an individual to understand how insurance works within the state of Florida. There are three types of automobile insurance systems within the United States. The first system is called an at-fault system. Under this arrangement, the at-fault driver’s insurance policy is responsible for all injuries and financial losses resulting from an accident. The second insurance system is called the choice no-fault system. Under this arrangement, each party may choose either an at-fault policy or a no-fault policy. The third arrangement of automobile insurance is the no-fault system. Florida maintains a form of the no-fault automobile insurance system.
Under Florida’s no-fault insurance arrangement, often referred to as personal injury protection (PIP), all owners or registrants of a motor vehicle must carry medical, surgical, funeral, and disability insurance. This insurance is payable regardless of who was at-fault in the accident. Under this insurance structure, that at-fault driver, and his or her insurance company, is required to pay any medical expenses that exceed the PIP coverage within the injured driver’s policy. In a situation where both drivers in an accident are at-fault, Florida has adopted the standard of pure comparative negligence. Overall, this standard entitles both drivers to claim a portion of the total amount of recovery. The insurance companies, however, will attribute the appropriate percentage of fault for each driver and split each driver’s final award based on this finding.
In general, the state of Florida requires automobile insurance for those individuals who own a vehicle with at least four wheels and intend to register that vehicle within the state. In Florida, each person must carry at least $10,000 of personal injury protection (PIP) and $10,000 in property damage liability. Additionally, Florida law mandates that a company licensed by the Florida Department of Financial Services issue all insurance policies.
This article is an excerpt from “Your Guide to Understanding Florida Personal Injury Law” by Samuel Bearman & Dana Oberhausen
How An Ironic Set of Regulations Made Life Better for America’s Elderly
In a remarkable governmental irony, in the year 1987, the United States Congress passed a statute which lead to a comprehensive set of reforms to try to ensure a quality of life for residents in nursing homes. The irony is the statute was passed during the second term of Ronald Reagan, a President who was committed to reducing or eliminating governmental regulations. The statute, which was the Omnibus Budget Reconciliation Act of 1987, was the origin of the most comprehensive set of regulations ever issued regarding the nursing home industry.
||The American Trial Lawyers Association is a national organization composed of the Top 100 Trial Lawyers from each state. Membership is obtained through special invitation and is extended only to those attorneys who exemplify superior qualifications, leadership, reputation, influence, stature, and profile as trial lawyers, both civil plaintiff and criminal defense. Samuel Bearman is honored to be listed in the Top 100 Florida Trial Lawyers.|