Who pays for car damage in a no-fault state Florida?

Asked by: Dr. Pearline Bahringer  |  Last update: February 11, 2022
Score: 4.6/5 (40 votes)

Due to Florida's no-fault laws, your insurance will pay for your auto repair after an accident you did not cause in Florida. However, if the costs of damages exceed your policy limits, you may qualify to recover additional compensation elsewhere.

Is Florida a no-fault state for car damage?

Florida is a "no-fault" car insurance state, which means the insurance claim process is meant to be more efficient after a car accident, since your own insurance pays for your medical bills and other economic losses.

Who pays for car damage in Florida?

When it comes to what you are entitled to for the damages to your car, under Florida Law, the insurance company for the at fault party must pay for the repairs involved, unless the total of the repairs exceeds the fair market value of the car.

How does no fault insurance work in Florida?

Under Florida's current no-fault law each policyholder is required to have $10,000 in personal injury protection, or PIP as it's more commonly known. This coverage pays medical expenses incurred by the insured regardless of who's at fault in the accident, hence the term “no-fault.”

Do I have to pay deductible if I was not at fault Florida?

Florida's No-Fault Accident System

In no-fault states, you don't pay a deductible to cover the costs of your accident, but you might have to cover a percentage of the total cost. You may also have to seek additional forms of compensation if you reach your policy limit.

Who Pays For Car Damage In A No Fault State?

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Who pays deductible if not at fault?

Your insurance company will pay for your damages, minus your deductible. Don't worry — if the claim is settled and it's determined you weren't at fault for the accident, you'll get your deductible back.

How do I make an insurance claim if not at fault?

How to make a not-at-fault claim on your car insurance policy. You'll need to provide details of the other driver involved when making your claim – check with your insurer exactly what details are required. Claims are commonly lodged online over the phone or by filling out a form.

Can you be sued for an accident that wasn't your fault?

Technically, no, California is not a no-fault state. ... Drivers in California do still retain their right to sue for additional damages, according to Los Angeles car accident attorneys.

Is no fault insurance in Florida mandatory?

Florida is called a “No Fault” state because it has a law requiring a type of car accident insurance that pays regardless of who was at fault for the accident. This type of insurance coverage is called No-Fault insurance or Personal Injury Protection (PIP).

Can someone sue you for a car accident if you have insurance in Florida?

In Florida, a person injured in a car accident is entitled to sue the at-fault driver and the owner of the at-fault driver's vehicle personally. Even if the at-fault driver has insurance, the injured person can still file a lawsuit for the amount of their damages against both the at-fault driver and the vehicle owner.

What do you do if someone hits your parked car?

Steps to Take at the Scene
  1. Call the police. An officer will document the incident and create an official accident report, which you will typically need to have when filing your claim with your insurance company, says the Insurance Information Institute (III). ...
  2. Document the accident. ...
  3. Notify your insurer.

What should I tell my insurance company after an accident?

What You Should Tell Your Insurance Company After An Accident
  1. "The accident was my fault." Never admit fault for the accident you were in. ...
  2. "I don't have any injuries." ...
  3. "I am making an official statement." ...
  4. "I guess..." or, "I think..." ...
  5. Other People Involved. ...
  6. Accepting a Settlement. ...
  7. "I don't have an attorney."

Does my insurance go up if someone hits me?

Naturally, most injured victims that contact our firm want to know about the financial consequences of the collision. A common question that potential clients ask us when they call is whether their car insurance rates will increase as a result of the collision – even if they weren't at fault. The answer: no.

How long after car accident can you claim injury in Florida?

Under Florida's statute of limitations, you generally have four years from the date of a car accident in which to file a lawsuit to pursue compensation from the driver or party responsible for the accident and your injuries.

Why does car insurance go up after a non fault accident?

Generally, a no-fault accident won't cause your car insurance rates to rise. This is because the at-fault party's insurance provider will be responsible for your medical expenses and vehicle repairs. ... In almost every state, a non-fault claim is filed against the auto insurance policy of the driver who is at fault.

Can a car accident be no one's fault?

A no-fault car accident refers to car accidents that are caused by sudden traffic obstruction, a medical emergency while driving, or uncontrollable events that led to the accident. The idea is that no drivers caused the accident through their own actions or through actions that were avoidable.

What happens if I don't have bodily injury coverage in Florida?

You may think that if you have the minimum insurance required by Florida law, you are covered after a car accident. In fact, without bodily injury liability coverage, you are very much at risk of being personally responsible for medical bills or other damages resulting from a car accident.

Is bodily injury required in Florida?

Bodily Injury Liability coverage is not required to drive an automobile in Florida legally. ... This means that if you cause an accident that results in bodily injuries to another person(s), you must either have BI insurance or post a bond for the required amount of coverage.

What is the financial responsibility law?

Financial responsibility law, commonly associated with vehicles, are statutes that require an individual or business to prove that they can pay for damages resulting from an accident. Financial responsibility law does not specifically require the party to have insurance coverage.

Can someone sue you after insurance pays?

Many people involved in car accidents feel a sense of relief when the insurance settlement is paid out, as they perceive this to mean there is no possibility of further litigation. Though this is typically true, it is still possible for someone to sue you even after insurance pays.

How do you deal with a car accident that isn't your fault?

You should absolutely call the police, whether the accident was a minor fender bender or a significant crash. If the accident wasn't your fault, having an official police report will help you hold the other driver accountable for damages and repair costs.

How do insurance companies determine fault?

If the police do not decide who is at fault, or the insurance company disagrees, your insurance adjuster will investigate the accident and use the details to determine fault. The insurance company will use photos, maps, witness statements, medical records, and special algorithms to calculate fault.

Should I notify my insurance company if it wasn't my fault?

Yes, you should call your insurance company if you were in a car accident that was not your fault. ... First, your insurance company may require you to contact them as outlined in your policy. Second, you may discover available coverage to help you with your damages, even if the accident is not your fault.

When someone hits your car do you call their insurance?

If someone hits your car, you should call your insurance company. But first, you'll probably want to call the police, especially if the damage is severe, there are any injuries, or the accident was a hit-and-run. Even if you don't think you are at-fault, you're required to report potential claims to your insurer.

Will my insurance go up even if it wasn't my fault?

If a car accident is not your fault, your insurance rate could still go up, depending on your state and insurance company. On average, a not-at-fault accident makes insurance costs go up by about 12%, compared to 45% for an at-fault accident. ... And in some situations, not-at-fault accidents can still cost insurers money.