Florida is a no-fault state for car insurance, which means that every driver must carry personal injury protection (PIP) coverage. That coverage pays for your damages up to the value you have purchased, which typically is a minimum of $10,000. It does not matter who caused the accident. However, there are limits, and often the amount of insurance you have may not be enough to cover your losses.
If PIP insurance coverage does not meet your needs, it may be possible to pursue additional strategies for recovering your damages. Your St. Petersburg car accident lawyer will provide insight into your available options.
What PIP Covers Is the Starting Point
In a minor car accident, you can expect to file a claim for your losses with your insurance company. They will pay out valid claims to you, but there are limits.
PIP insurance, or no-fault insurance, pays up to 80% of your medical bills and 60% of your lost wages up to the value of your policy. It does not take much to reach that level if you are in a serious car accident.
Seeking a Liability Insurance Claim
If you have losses that extend beyond what PIP covers, you may be able to seek additional compensation. What makes this challenging is that the state of Florida does not require drivers to maintain liability insurance. That means the driver who caused your accident may not have coverage that you can file a claim against.
Filing a Lawsuit in Florida
You may be able to file a lawsuit against the at-fault party. Florida Statute 627.736 allows for victims to seek a lawsuit for additional damages beyond PIP coverage in limited situations. Specifically, if you have serious injuries such as:
Disfigurement
Permanent injuries such as paralysis
Significant loss of body function
Fatal injuries
You can seek a lawsuit up to the value of your losses in these situations. However, to do that, you must prove that the other driver was negligent in your accident, demonstrating they owed you a duty of care, breached that duty of care, caused the accident, and ultimately caused your injuries. Filing a lawsuit can be a critical step in situations where you have significant losses, but it can be challenging to use this strategy without legal guidance.
Holding an Employer Accountable
If a person was working during the car accident, such as if they were a delivery driver and caused your injuries while on the job, their employer may be partially to blame for your losses. That is through the premise of vicarious liability, a situation in which the employer maintains responsibility in situations where the injuries happened within the scope and course of employment.
Umbrella Insurance Policies
Another situation would be to seek a claim against the at-fault party’s umbrella insurance. This policy is also elective, which some people take out to cover the risk of being sued. If you were hurt by someone who is a licensed professional, for example, they may have added insurance like this to minimize the risk of a lawsuit seeking personal assets.
There are numerous complexities in these situations, but your St. Petersburg injury lawyer will work closely with you to determine if you have the right to pursue additional compensation. Before you settle, speak to a lawyer.
