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Auto Accident Laws
There are many automobile accident laws in Florida which can affect your rights after a car accident, and affect your rights in obtaining an auto accident settlement. Knowing the basic Florida automobile accident laws can make your life much simpler if you are injured in a Florida automobile accident.
In 1971, the Florida Legislature created Florida's "No-Fault" insurance plan. The plan was designed to minimize the number of law suits that would be filed arising out of Florida car accidents simply because a person incurred medical bills or lost wages. The "No-Fault" plan requires every motorist to have Personal Injury Protection coverage and Property Damage coverage. Personal Injury Protection coverage (PIP) is designed to cover 80% of any outstanding medical bills incurred as a result of a Florida automobile accident, and 60% of a person's lost wages which result from being injured in a Florida auto accident.
Property Damage (PD) coverage is often confused by people that think it covers their own property damage sustained in a car accident. The mandatory Property Damage coverage in Florida only covers property damage to another person's car arising out of a Florida auto accident. There are many variations of PIP coverage, and a person can add additional PIP coverage above the statutory minimum of $10,000.00, as well as choose different deductibles.
Protect yourself against
uninsured drivers.
Uninsured/Underinsured Motorist coverage was first created by the Florida Legislature in the early 1970's. It was created so that a person injured in a Florida car accident would have insurance coverage for their injuries and lost wages if the person that caused the accident did not have any insurance. Although car owners and drivers in Florida are required to have PIP and PD coverage, Florida auto accident laws do not require a person to have bodily injury coverage (BI). If an at fault driver does not have BI coverage, you are required to pursue your accident and injury claim against your uninsured/underinsured motorist insurance.
Florida Statute 627.727(2) requires the limits of Uninsured Motorist coverage to be at least equal to the Bodily Injury liability limits purchased by the insured. Insurance companies are required to explain the availability of Uninsured/Underinsured Motorist insurance whenever a person buys a Florida auto insurance policy. An insurance agent is required to have the buyer of the insurance policy sign a specific form which acknowledges the person does, or does not, want to buy Uninsured/Underinsured Motorist coverage. If an insurance company fails to have the buyer sign the form, they are required to provide Uninsured/Underinsured Motorist coverage even if the person did not pay the insurance premium.
You deserve compensation
for your pain and suffering.
Bodily Injury (BI) coverage is not required in the State of Florida. Bodily Injury coverage is the type of insurance that would cover a person for physical injuries, lost wages, medical treatment, pain and suffering, and other damage that is not covered by the Personal Injury Protection coverage.
In Florida, all auto accident claims must be brought within four (4) years from the date of the accident. That means that if a person is to file a law suit based upon injuries from a Florida auto accident, they must do so within four (4) years from the date of the accident.
A person making a claim for injuries in a Florida car accident is generally required to pursue a claim in the county where the accident occurred or where the at-fault party resides. In some limited situations, a person may file a Florida auto accident claim in a different county from where the accident occurred only under very limited circumstances.
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