Whose insurance you call if someone rear-ends you depends on various factors. For example, since Florida is a no-fault state, you typically file a claim with your own insurer to access your personal injury protection (PIP) coverage.
However, if your injuries meet a certain threshold, you can step outside the no-fault system and file a third-party liability claim or personal injury lawsuit against the at-fault driver. Determining which insurance to contact depends on the severity of your injuries, the extent of property damage, and who is ultimately at fault for the collision.
A Fort Lauderdale car accident lawyer can help you explore your legal options after a collision, ensuring you understand your rights and pursue the compensation you deserve.
How Florida’s No-Fault Law Impacts Whose Insurance You Call if Someone Rear-Ends You
Florida follows a no-fault insurance system, which means that after a car accident, your own insurance policy is the primary source of coverage for your initial medical expenses and certain financial losses, regardless of who caused the accident.
This is enforced through Personal Injury Protection (PIP) coverage, which is a mandatory part of every auto insurance policy in Florida. A Fort Lauderdale personal injury lawyer can file a claim to access your PIP coverage and explore other legal options for seeking compensation.
What Is PIP?
Personal Injury Protection (PIP) provides coverage for some medical bills, lost wages, and other accident-related expenses up to the policy limits, regardless of fault. In Florida, PIP typically covers:
- 80% of medical expenses for necessary treatments related to the accident.
- 60% of lost wages if you’re unable to work due to your injuries.
- $5,000 in death benefits if the accident results in a fatality.
Florida law requires drivers to carry a minimum of $10,000 in PIP coverage, though this may not be enough to cover severe injuries.
The Serious Injury Threshold
While PIP is designed to handle minor to moderate injuries, it does not cover non-economic damages like pain and suffering. To pursue compensation beyond PIP, such as for pain, suffering, and other damages, Florida law allows you to step outside the no-fault system if your injuries meet the serious injury threshold under Florida Statutes § 627.737.
This threshold includes injuries such as:
- Significant and permanent loss of an important bodily function.
- Permanent injury within a reasonable degree of medical probability.
- Significant and permanent scarring or disfigurement.
- Death.
If your injuries meet this threshold, you may file a third-party liability claim or a personal injury lawsuit against the at-fault driver to recover damages beyond what PIP covers, such as pain and suffering, emotional distress, and additional medical costs.
More people choose The Schiller Kessler Group because they know that we’re a cut above other personal injury law firms.
How a Car Accident Attorney Can Help You File a Claim or Lawsuit
After a car accident, understanding your rights and navigating the claims process can be overwhelming, especially if you’ve suffered significant injuries. A car accident attorney can provide invaluable assistance by handling the legal aspects of your case, allowing you to focus on recovery. Here’s how an experienced attorney can help:
Evaluate Your Case
An attorney will assess the details of your accident, review evidence, and determine whether you should file a claim through your PIP coverage or pursue a third-party liability claim or lawsuit.
They’ll also evaluate if your injuries meet Florida’s serious injury threshold, which is required to step outside the no-fault system.
Handle Communication with Insurance Companies
Insurance companies often try to minimize payouts or deny claims altogether. A lawyer can handle all communications with insurers, ensuring your rights are protected and preventing you from making statements that could harm your case.
Gather Evidence to Support Your Case
Proving negligence or the extent of your injuries requires strong evidence. An attorney can collect and organize critical documents such as:
- Police reports.
- Medical records and bills.
- Witness statements.
- Photos or videos of the accident scene.
- Expert opinions, such as accident reconstruction specialists or medical professionals.
File a Claim or Lawsuit
Your lawyer will ensure your claim is filed correctly and within all applicable deadlines. If your injuries meet the serious injury threshold, they can file a lawsuit seeking compensation for non-economic damages, such as pain and suffering, in addition to economic losses like medical bills and lost wages.
Negotiate a Fair Settlement
Many car accident cases are resolved through settlements. An attorney can negotiate with the at-fault party’s insurer to secure a fair settlement that reflects the full scope of your injuries and damages.
Represent You in Court, If Necessary
If a fair settlement cannot be reached, your attorney can take your case to court. They’ll build a strong legal argument, present evidence, and advocate for you to obtain the compensation you deserve.
We Can Determine Whose Insurance You Call if Someone Rear-Ends You
If someone rear-ends you, we can determine whose insurance you call to file a claim. Whether you’re filing a PIP claim or pursuing a lawsuit for serious injuries, having an experienced car accident attorney is essential to protecting your rights and securing the compensation you deserve.
An attorney can handle the legal complexities, gather evidence, and negotiate with insurance companies on your behalf. If you’ve been injured in a car accident, take the first step toward justice today. Contact The Schiller Kessler Group for a free consultation.
Our skilled attorneys are ready to evaluate your case, explore your legal options, and fight for the compensation you’re entitled to.
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