Florida’s No-Fault Auto Insurance System In Commercial Vehicle Accidents

When a road accident occurs, the average person may consider filing suit against the other driver if they have been badly injured, in order to recover damages for the harm they have suffered. However, some U.S. states have a no-fault auto insurance system in place to handle minor accidents – Florida is one of them – and in these states, a person may only file suit against an allegedly negligent driver if certain criteria have been met. This is true whether the negligent driver was a private individual or the driver of a commercial vehicle, though CMV cases may be more complex.

Trade-Offs In Both Systems

In a fault system, an injured driver files a civil suit against the person or entity they believe is responsible for their injuries. They only recover money damages if they prevail in court, establishing at least a percentage of fault on the part of the defendant. By comparison, in a no-fault system, no trial is necessary, but the payout will only be as much as the amount of insurance one carries. If a negligent driver does not have enough coverage to pay the injured driver’s bills, the injured driver must cover the rest on their own, with their own insurance.

Not every no-fault system is the same, and Florida’s has a particular set of requirements. Every driver of a four-wheeled vehicle in the state must:

• Carry at least $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL) coverage;
• Ensure that coverage is purchased from an insurer licensed to do business in Florida;
• Maintain continuous coverage even if you never use the vehicle; and
• Maintain coverage throughout the registration period, regardless of where you are located.

CMVs: More Serious Injuries Likely

What many people do not realize until after they have been involved in a CMV accident is that every driver, including commercial drivers, are subject to the state’s insurance requirements. If a commercial trucking company’s vehicles are licensed to operate in Florida, they must comply with the insurance requirements. This is relevant because given the size of these vehicles, more serious injuries are more likely to occur, requiring further insurance coverage than most private individuals.

One thing to keep in mind, however, is that while drivers with minor injuries must pursue compensation through their insurer, drivers with injuries that are “significant and permanent” trigger what is known as the “tort immunity threshold” in Florida law. What this means is that if your injury is permanent or ‘significant’ enough, you may file suit against the (allegedly) negligent CMV driver to try and recover intangible damages for things like pain and suffering. PIP coverage only pays for tangible damages like medical expenses, but if your injuries are severe enough, the legislature allows you to sue for intangible damages that are appropriate to the extent of your injuries.

Contact A Tampa Commercial Motor Vehicle Accident Attorney

If you have been struck by a commercial motor vehicle, your injuries are likely severe, and trying to navigate the legal process may feel overwhelming. The Tampa truck accident attorneys from the Rinaldo Law Group can offer compassionate and dedicated representation during what can be a frightening time for you and yours. Call our office today to schedule a free consultation.

Source:

flhsmv.gov/insurance/