What does “No-Fault” Mean for residents of St. Petersburg, FL
Another phrase that I hear often from clients is “this is a no fault state right so no one is at fault for the accident right?” It is correct that Florida is a quote unquote “no-fault state.” Florida’s legislature has enacted a no-fault law that classifies itself as such. I will first tell you that because Florida is a no-fault state it defiantly does not mean that no one is at fault in a car accident. I will agree that the name certainly implies such and I will even go as far as saying the name itself is misnomer. What “no fault state” means in Florida is that the legislature has enacted a statue that requires every Florida driver to carry PIP (personal injury protection) insurance on their auto insurance policies. What PIP insurance consists of is spelled out in length with a ton of legalese under Florida Statute 627.736. It’s a lengthy read with many legal terms, some of which have been defined by the courts and some which have not. In essence what it means is that if a Florida motorist is involved in a motor vehicle accident regardless of fault the first $10,000 of your medical expenses will be paid from your own insurance policy.
I’ve made one statement about Florida PIP and I must say while this is the general rule there are a multitude of caveats. #1 caveat is that this 1st $10,000 of medical bills are only paid at 80%. That means that even on your very 1st bill that you incur as a result of accident 20% of it is not covered. You may ask yourself if PIP only pays 80% who is responsible for the other 20%? The answer is simply the at-fault party. The idea that because Florida is a no-fault state somehow makes no one at fault for an auto accident is simply untrue. The idea that your medical bills are all taken care of somehow because Florida is a no fault state and you have PIP insurance is also untrue. Like I said before the statute that created PIP insurance in Florida is somewhat lengthy in and of itself full of legalese and ambiguous terms. Everyone is required to carry this insurance in Florida so we all have to abide by its rules. I’ve only briefly touched on one aspect of the no fault law. There are numerous aspects to be aware of including a 14 day requirement to be eligible for said benefits. If you need help making since of no fault insurance or need help in a personal injury claim give us a call.
Shocklee Paolino, P.A.
6555 Central Avenue
St. Petersburg, FL 33707
(727) 498-8771