When Can You Sue In a No-Fault State Like Florida?

Florida is famous for its white-sand beaches, sunny weather, and diverse culture. The state also hosts one of the six Disney theme parks in the United States. Every year, more than 111 million tourists visit Florida, and a significant number of them have stayed for good.

It is one of the best places to drive around and have fun. However, Florida is a no-fault state. But it doesn’t mean you can no longer sue the other party in case of vehicular accidents. Getting in an auto accident is traumatic enough, and you also have to deal with the aftermath.

It means getting treatment if you sustained an injury, filing an insurance claim, or getting long-term therapy. However, in some cases, the injuries sustained are so severe they need a lifetime of treatment and medication.

In which case, you have all the right to sue the other party with the help of a Florida auto accident attorney.

Different No-Fault Insurance Policies

In the US, states have different policies when it comes to no-fault insurance laws. For instance, Florida, New York, New Jersey, Pennsylvania, and Michigan adopt the descriptive threshold.

Meanwhile, Minnesota, Kentucky, Utah, North Dakota, Kansas, and Hawaii use a monetary threshold.

On the other hand, New Jersey, Kentucky, and Pennsylvania motorists may choose to sue by rejecting the threshold set by the law.

But what is the difference between monetary and descriptive threshold?

The main difference is that the monetary threshold has a cap amount. The circumstances should surpass the conditions before the right to sue kicks in. In descriptive, the costs could not immediately get quantified because of the circumstances.

One example is if the road crash resulted in the death of the driver. You cannot put a price on somebody’s life. Some factors to consider are if the victim was the sole breadwinner or earning a substantial wage, among others.

In Florida, where an average of 300,000 auto crashes happen each year, you need to purchase personal injury protection (PIP) insurance. The PIP is a unique characteristic of no-fault states.

The PIP is different from your liability insurance, which you also need to purchase as required by the law in Florida. The liability insurance will cover the costs in case of pedestrian or passenger injury if you are in the wrong.

When Can You Sue for Liability in Florida?

Since Florida is a no-fault state, you first need to explore the options available to you. Make sure you gather all the evidence relating to the incident. Then get yourself a Florida auto accident attorney who can help you in this situation. The evidence you collect will be useful for them later on if you could not agree with your insurance company and the other party.

Florida uses a verbal threshold, which defines the list of circumstances when you can sue the other party for liability.

Chapter 627 of The 2019 Florida Statutes outlines the exemptions of the tort liability. Among the exclusions are:

  1. Permanent loss of body function

  2. Significant loss of a body function

  3. Death

  4. Permanent scarring

  5. Permanent injury other than scarring and disfigurement

Also, if the disability lasts for more than two months, you can seek legal advice for your right to sue the other party. The lawsuit is civil and not criminal. But the legal troubles of the other party can be elevated into a criminal trial if they refuse to pay or try to run away to escape accountability.

An excellent auto accident attorney in Florida should be able to help map your legal strategy. Likewise, you do not have to stress about the expenses because the law firm will shoulder the cost of litigation up until you receive the compensation.

comments