Auto Accidents

Automobile and motorcycle accidents (“auto accidents”) are the most common cases handled by our firm. The outcome of these files often depend on the insurances involved in the case, your insurance and that of the other driver.

Florida is a "No-Fault" insurance State.

What if you do not own a car and therefore don’t have auto insurance?

Motorcycles are not considered Motor Vehicles under the PIP law and therefore you will not have the state-mandated ten thousand dollars($10,000.00) Personal Injury Protection on your Motorcycle Policy. When insuring a motorcycle, spend some time with your insurance agent and ask questions to make sure you have insurance you are comfortable with. Do you have coverage (and how much?) for medical bills and wage loss even if you are at fault for the accident? What if the at-fault driver does not have insurance? Can you be compensated for your injuries (pain and suffering) under your policy? Remember, Motorcycles are treated differently than cars and trucks under Florida’s Auto Law, so what is said here may or may not apply to you.

Another type of coverage which may be purchased on your auto policy (and is purely optional) is Medical Payments Coverage or Med-pay coverage. As suggested, this coverage pays medical expenses. There is no set amount by law. Insurance companies may offer what they wish, if they offer it at all. We have seen med-pay as little as three thousand dollars ($3,000.00) and as high as Fifty thousand($50,000.00).

The next time you renew your car insurance, ask your agent if med-pay coverage is available. Med-pay is very beneficial because it covers the part of your medical bills subject to co-pay(typically 20% because PIP pays 80%) It also covers the PIP deductible, if you have one, at one hundred percent(100%).

In No-Fault states such as Florida, before you can be compensated for the injury itself (pain and suffering, loss of enjoyment of life caused by an injury, etc.), you have to meet a threshold. Typically the threshold is “a permanent injury” or “significant scarring”. Regardless of how the accident occurred or the amount of medical bills, if your injury doesn’t meet a threshold, you walk out of court with nothing but your medical bills and wage loss paid, which typically means you end up owing money.

Assuming you did everything right, i.e., you had Personal Injury Protection and your injury is one that meets the threshold, the amount of your recovery will depend on the Severity of the injury and the available insurance on your car and the at-fault drivers car.

Obviously, the best thing that can happen to you is you treat with a doctor or have surgery and you get better. Unfortunately, many people get somewhat better, but not all the way. They are left with some lingering pain or disability which may impact their job or simply the quality of their lives. In this part of Florida, I represent many retired people who, because of an accident, are missing out on the “best” part of their lives, the years they looked forward to all their lives.

Assuming the client has a permanent injury, or a permanent aggravation of a pre-existing condition, which also satisfies the threshold, is there sufficient liability or uninsured motorist coverage to compensate the client’s injury? Liability insurance pays to compensate the injured individual for any economic damages(wage loss and medical expenses not paid by PIP) incurred in the past or reasonably to be incurred in the future. Liability insurance is also available to compensate for pain and suffering, loss of capacity for the enjoyment of life and all the other noneconomic losses to the quality of a person’s life. Unfortunately, Florida doesn’t require proof of Liability Insurance to register and get tags on a vehicle. As a result, many people who cause accidents are uninsured. In order to protect yourself, you should carry uninsured motorist coverage. Indeed, this coverage is so important, Florida requires your agent to explain it to you and you must sign a waiver saying you don’t want it, or you automatically have it. If you have more than one car on your policy, you can stack the coverage by the number of cars(3 cars times $25,000 limits = $75,000 um insurance). Similarly, you have to sign a rejection form if you elect non-stacked coverage.

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