Following a Florida car accident, many people wonder what they might expect if they are injured and have also had their vehicle damaged. Car accident claims in Florida are affected by the state’s no-fault car insurance system, but some situations allow injured victims to file personal injury lawsuits outside of the no-fault system if certain circumstances apply.

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Florida's no-fault car insurance system

People who are injured in car accidents in Florida should first understand the state's no-fault insurance system. Instead of filing a claim with the other driver's insurance company, injured victims first file their claims with their own car insurance companies regardless of who was at fault. In the state, Florida drivers are mandated to carry minimum insurance coverage that provides $10,000 for personal injury protection benefits.

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Injured victims may not sue the at-fault drivers who caused their accidents unless their injuries meet the definitions of one of the following:

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• The injuries are permanent

• The injuries result in permanent scarring or disfigurement; or

• The injuries cause a permanent and significant loss of an important physical function.

 

Before any other types of compensation are considered, injured victims must first exhaust their own personal injury protection benefits.

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PIP CLAIMS

In order to be covered by PIP benefits, the injured victims must see a professional for treatment within 14 days of the accident's occurrence. If they fail to do so during this time period, they will not receive coverage for their injuries. This makes it very important for people who have been involved in car accidents to come to see a chiropractor at South Florida Injury Centers as soon as possible following the accidents in order to be medically evaluated. People who do not own cars but live with relatives who do can file claims with their relatives' personal injury protection benefits. If they were passengers who were injured but do not own cars and do not live with relatives who own cars, the claims are filed with the personal injury protection coverage for the vehicles in which they were riding.

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Personal injury protection benefits will be limited to $2,500 if the patients seek treatment within 14 days and do not have emergency medical conditions. If their doctors certify that they do have qualifying emergency medical conditions, then they may recover up to $10,000 for personal injury protection benefits for their injuries.

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Filing personal injury lawsuits

When the victims of car accidents suffer injuries that are serious enough for them to be able to file liability claims against the drivers who are at fault, there are some additional laws about which they should be aware.

 

Car accident victims must file personal injury lawsuits against at-fault drivers within four years from when the car accidents occurred. The lawsuits are initiated by filing civil complaints with the branch of Florida's civil court system that holds jurisdiction to hear the matter.

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Contact South Florida Injury Centers for Help

Regardless of who caused an accident, the first step following it should be to come to South Florida Injury Centers in order to complete the medical examination. There are certain types of injuries that may not show symptoms until days after an accident. Even if people initially do not believe that they have been injured, they should still get examined to make certain. This can help to preserve the victim's recovery rights with his or her personal injury protection coverage by meeting the 14-day examination requirement. Contact South Florida Injury Centers today to schedule an appointment.

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