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Personal Injury

Florida is a no-fault insurance state, which means that if you are in an automobile accident your insurance company must pay your medical and lost wage claims to the extent of your personal injury protection (PIP) insurance coverage regardless of who is at fault in the accident. Moreover, to bring a claim for pain and suffering against the person(s) who caused the accident, you must suffer an injury consisting of a (1) significant and permanent loss of an important bodily function, (2) permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement, (3) significant and permanent scarring or disfigurement, or (4) death.

Mandatory Insurance
Florida's no-fault insurance laws require drivers to carry a minimum of $10,000 of Personal Injury Protection insurance and $10,000 of Property Damage insurance.

PIP AND Property Damage
Florida law requires drivers to have at least $10,000 in PIP coverage. Personal Injury Protection ("PIP") is a mandatory insurance for all persons who have a car in Florida for at least 90 of the preceding 365 days, reside in Florida, are employed in Florida or have children in school in Florida. PIP is a no-fault insurance coverage that pays you and covered family members for accident related medical expenses regardless of who caused the accident.

Florida law also requires drivers to have at least $10,000 in property damage liability, which pays for damages you cause with your car to other parties' cars and property.

Who Can Make A Claim
The following categories of people can make a claim against an insured's PIP coverage; (1) the named insured, (2) relatives residing in the same household as the named insured, (3) operators (by consent) of the insured vehicle, (4) passengers in the insured vehicle and (5) pedestrians struck by the insured vehicle. If any covered people are injured in an auto accident, the insurance company must provide the following benefits up to a limit of $10,000 less the amount of your deductible; (a) 80% of all "reasonable" medical expenses, (b) 60% of lost income and lost earning capacity and (c) death benefits of $5,000 per individual.

Additional Coverage
Florida law does not require licensed drivers to carry any coverage in addition to $10,000 of PIP and personal property coverage. However, additional PIP and property damage coverage, as well as medical payment coverage, substantial bodily injury protection, collision and comprehensive, uninsured motorists (UM/UIM) coverage are all good ideas for most drivers.

Uninsured or Underinsured Motorist Coverage (UM/UIM Coverage)
According to the Insurance Research Council, 20% of automobile accidents in Florida are caused by persons who do not have any insurance. The IRC also estimated that approximately 20% of all drivers in Florida do not have any insurance. This means that there may be as many as 2,480,000 uninsured drivers on the road in Florida (based on a total of 12,401,000 licensed Florida drivers in 1999). Many other drivers have only the minimum amount of mandatory PIP and Property Damage coverage. As a result, drivers should consider buying Uninsured or Underinsured Motorist Coverage ("UM/UIM Coverage").

What UM/UIM Coverage Provides
UM coverage covers you in the same way that your liability insurance coverage provides compensation for people you may injure as a result of your negligent driving. Thus, if you are injured in an accident caused by a driver that has no insurance or does not have enough insurance to cover your claim, you can make a claim against your own UM coverage. Remember, if you do not purchase UM coverage and you are involved in an accident with someone without any or enough liability insurance, you may not be compensated for your injuries.

Stacking Your UM/UIM Coverage
In Florida, UM coverage is available in "stackable" and "non-stackable" forms. Stackable coverage means that if you make a claim against your UM coverage and you have more than one car on your policy, you can make a claim against the total amount of UM coverage available from all of your cars. For example, if you insure three cars and have stackable UM coverage of $10,000 per person and $20,000 per accident (commonly called "10/20") and you are involved in an accident, you have available to you UM coverage of $30,000 per person and $60,000 per accident (commonly called "30/60). Non-stackable coverage is a cheaper form of protection that limits coverage to the amount of UM coverage on your individual vehicle.

Liability Coverage (Bodily Injury)
You may also elect to obtain liability coverage with your automobile insurance policy. Liability insurance will provide for the payment of claims made against you if you cause an accident and, as a result of such accidents, another person(s) suffers property damage or a (1) significant and permanent loss of an important bodily function, (2) permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement, (3) significant and permanent scarring or disfigurement or (4) death. If you do not have liability coverage and you cause someone to suffer such an injury, the injured person can sue you personally for monetary damages. Thus, if you have any assets that you wish to protect or any income that you wish to protect from garnishment, you should consider purchasing liability coverage.

What To Do If You Are In An Automobile Accident
If you or anyone involved in the accident is injured, call 911 immediately to obtain medical care and report the accident to the police.

1. Go to the hospital emergency room immediately if you are in any pain whatsoever. If you feel any pain or discomfort in the days or weeks following the accident, immediately seek medical attention.
2. Write down as much information at the scene as you can. Write down the other driver's information, and the names and phone numbers of witnesses.
3. Notify your insurance company.
4. If you or someone else in the vehicle sustained visible injuries, (i.e., cuts, bruises, stitches) take photos of those injuries.
5. Take several photos of the damaged vehicle(s).
6. Get a copy of the police report.
7. Do not communicate with the other driver's insurance company. Instruct them to contact your attorney.
8. Do not contact any of the witnesses or other persons involved in the accident. Allow only your lawyer to do so.
9. Obtain repair estimates for your vehicle. You are not required to use a repair shop suggested by your insurance company. Contact your attorney prior to authorizing any repairs to your damaged vehicle.

1. Each survivor may recover the value of lost support and services from the date of the decedent's injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value. In evaluating loss of support and services, the survivor's relationship to the decedent, the amount of the decedent's probable net income available for distribution to the particular survivor, and the replacement value of the decedent's services to the survivor may be considered.
2. The surviving spouse may also recover for loss of the decedent's companionship and protection and for mental pain and suffering from the date of injury.
3. Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury.
4. Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors.
5. Medical or funeral expenses due to the decedent's injury or death may be recovered by a survivor who has paid them.