Most of us have been in a car accident at some point or another. (If you haven’t, consider yourself lucky – or due for one soon, statistically speaking; car insurance companies estimate every driver files a claim about once ever 17 years.) If you have been in a crash, you may have been asked more than once whether you plan to sue.
When it comes to auto accidents, Florida is a no-fault state. What that means is that rather than pursuing a claim against the driver who was at-fault, it’s your own auto insurance company that is responsible for compensating you after the crash. This falls under the provision of state law (specifically F.S. 627.736) regarding personal injury protection insurance (or PIP). However, this only covers up to $10,000 in medical and disability expenses and only $5,000 in death benefits.
If you’re injured to the point you are required to take more than few weeks off work, have lasting disabilities or are disfigured, this won’t be nearly enough. Yet it is only if one meets the serious injury threshold, as outlined in F.S. 627.727 that he/she may step outside the no-fault system to claim damages from the at-fault driver (or his/her own uninsured/underinsured motorist coverage). Continue reading