No-Fault vs. Fault Car Accident States
Posted By Givens Givens Sparks || Jun 23, 2016
Imagine this: You’re driving on the road, and a car collides into you. You’re injured as a result of the crash. What do you do next? It may seem like something that is simple to answer, but it really depends on the situation and the state in which the accident occurred. It is important to note that throughout the United States, there are some states that require the injured party to show fault, and in some states, there are no-fault laws. Florida is one of the no-fault states.
At Givens Givens Sparks, we believe that you should understand the steps you need to take after a crash in Florida. This is why our Tampa car accident attorneys want you to understand the differences between the no-fault and fault auto collision states, as well as what it means for you. If you have been injured in a car crash, know that you have rights and you can work to protect those rights. Read below to learn more about how car accident cases are handled in fault states and in no-fault states.
Fault Car Crash States
A majority of the states throughout the nation have adopted the fault-based method of claims after an auto crash. This means that insurance companies will work to determine the at-fault party, as well as how much each party was at fault. For instance, if you are in a rear-end accident and the other person is 100% at-fault, the entire amount of compensation would be paid by the at-fault party’s insurance company. At times, the insurance company may offer a settlement that is lower than the amount you believe is deserved. This is where legal action can come into play.
Florida — as one of the no-fault states in the nation — requires that all drivers be covered under minimum insurance policies. This includes benefits for $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL) benefits. In a crash where minor injury is involved, no matter who caused it, the drivers will take up the issue with their own insurance companies. However, Florida also has an injury threshold that can change the way these types of cases are handled and who legal action may be taken against.
The injury threshold in Florida determines that if a person has sustained permanent injuries, permanent and significant scarring, disfigurement, or permanent or significant loss of bodily function as a result of a car crash, the injured party may be able to take direct legal action against the at-fault driver. In Florida, it is very important to make sure you know what actions can be taken in the event you are seriously injured in a car accident. These cases are often much different than you may have heard of in other states and filing lawsuits depend on how significant the injury really is.
If you are involved in a car crash and you sustained serious, significant, or permanent injury, call our firm today. Our team is determined to make sure you take the right steps in order to secure the compensation you need. We are not afraid to handle your case at trial if the other party’s insurance company—or your insurance company—is trying to pass off a low settlement as adequate. You can count on our Tampa car crash lawyers to stand by your side throughout the entire process and protect your right to compensation and to justice.