How Does No-Fault Insurance Apply In Commercial Vehicle Accidents?

In most U.S. states, an auto accident that ends in injuries or death is handled in court, with the plaintiff attempting to establish the defendant’s liability. In Florida, cases of this type that involve only minor injuries are handled through the state’s no-fault insurance system. While cases involving commercial vehicles are less likely to result in only minor injuries, it is still important to understand how Florida’s no-fault system plays into resolving this type of accident.

Will Not Cover All Care

A no-fault insurance system does not mean that no one is held at fault for causing harm to another person; rather, it does not touch the issue of fault. Instead, every driver in the state of Florida is required to carry what is known as personal injury protection (PIP) insurance. A valid PIP policy will cover 80 percent of all “reasonable expenses for medically necessary” care – but obviously, this may leave 20 percent of one’s medical bills to be paid via other sources.

PIP will also cover up to 60 percent of an injured plaintiff’s lost wages, plus a funeral benefit if the policyholder loses their life in an auto accident. However, these benefits can run out disturbingly quickly if a person’s injuries are severe, and do not permit recovery for things like pain and suffering. This is particularly true in accidents involving commercial vehicles; the size and weight of these vehicles routinely cause disproportionately serious injuries in other drivers.

“Significant & Permanent”

If a person is involved in an accident with a private vehicle, and their injuries are relatively minor, they will usually file a claim with their PIP insurer to get their medical bills paid. Unlike many auto insurance policies, PIP insurance covers an individual, rather than the vehicle they drive. This means that even if a person is on foot or otherwise not in their own vehicle, they may still be able to claim PIP coverage.

If an accident involves a commercial vehicle, however, whether you are able to seek damages in court will depend on the nature of the vehicle and of the injuries sustained. Many large trucks, for example, are exempt from Florida’s no-fault rules. Also, if a person’s injuries are sufficiently serious – “significant and permanent” – they no longer have to seek damages through their PIP coverage, but can simply file a lawsuit in court. Given how often commercial vehicle accidents cause serious injuries, this is a route commonly followed.

Contact A Tampa Commercial Vehicle Accident Attorney

Being injured in an accident with a commercial vehicle can change a person’s life, and it is important to understand the nature of the laws that you might use to seek compensation. A Tampa commercial vehicle accident attorney from the Rinaldo Law Group can protect your rights while you seek financial recovery – call our office today for a free consultation.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.736.html