Is My Truck Accident Claim a No-Fault Claim in Florida?

Were you hurt in a semi-truck accident? It is imperative that you know what to do to protect your legal rights and your financial interests. An eighteen wheeler crash can cause terrible injuries. You may be wondering: Is a truck accident claim a no-fault claim in Florida? The short answer is “it depends”—these claims are often no-fault cases, but you can step outside of our state’s no-fault system after a serious crash. Here, our Miami semi-truck accident lawyer explains the key points that injured victims should understand about the no-fault claims process in Florida.

Know the Law: No-Fault Insurance in Florida

Florida is a no-fault insurance state for motor vehicles. Under Florida Statutes § 627.7407, motorists “must maintain security for Personal Injury Protection.” Personal Injury Protection (PIP) insurance is a type of no-fault coverage. The law requires drivers to first turn to their own insurance coverage for medical expenses and lost wages after an accident—regardless of fault.

Truck Accident Claims Still Fall Under Florida’s No-Fault Standard 

Truck accident claims in Florida still fall under our state’s no-fault insurance system. In effect, this means that people involved in tractor trailer collisions initially seek compensation for medical bills and lost wages through their own no-fault PIP coverage. Even if your truck accident was the fault of the trucker, your initial claim is still a no-fault insurance claim through your PIP policy.

 You Can Step Outside the No-Fault System After a Serious Collision

Commercial trucks are truly enormous. A fully loaded commercial truck can weigh as much as 80,000 pounds (40 tons). When crashes happen, the consequences can be truly awful. After sustaining a serious injury in a collision, a motorist has the right to step outside of Florida’s no-fault insurance standard and file a claim directly against the at-fault party, including a negligent trucker and/or a negligent trucker company. In Florida, the “serious injury threshold” is a key element of the no-fault insurance system. The threshold determines when a person can file a lawsuit against the at-fault party—including a truck company—for damages beyond their PIP coverage. In Florida, a truck accident victim can file a fault-based truck accident claim if any of the following four apply:

• They suffered a significant loss of an important bodily function;
• They suffered a permanent injury (within a reasonable degree of medical probability);
• They suffered significant and permanent scarring or disfigurement; or
• A person was killed in the crash.

 Set Up Your Free Case Review With Our Miami Truck Accident Attorney Today

At Pike & Lustig, LLP, our Miami eighteen wheeler accident lawyer has the experience you can depend on to navigate Florida’s no-fault laws. Were you or a loved one injured in a commercial truck crash? We are here to help. Contact us now for your free case review. From our offices in Miami and West Palm Beach, our firm goes above and beyond to protect victims and their families.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0627/Sections/0627.7407.html%20