No-Fault Auto Insurance & Commercial Motor Vehicle Accidents

When it comes to auto insurance, Florida follows what is known as a no-fault system. What this means is that for most vehicle accident cases, instead of filing a lawsuit against the (allegedly) responsible driver, an injured person files a claim with their insurer to cover their medical bills. If a person is involved in an accident with a commercial motor vehicle (CMV), the process for seeking compensation will be somewhat different, particularly if their injuries are severe – but much of it will remain the same.

Specific Requirements For Insurance

Florida state law, as of this writing, requires all drivers registering a vehicle with four or more wheels to carry a certain amount of no-fault insurance. If a person does not have $10,000 in personal injury protection (PIP) coverage and at least $10,000 in property damage liability (PDL) coverage, they qualify as an uninsured motorist, and are in violation of the law. This does not, however, deter some Floridians – according to the Insurance Information Institute, roughly one-fifth of all drivers in the state are uninsured.

Commercial vehicles in Florida are required to have both PIP and PDL coverage, but if they wish to operate in interstate commerce, they must also comply with federal requirements by having general commercial auto liability insurance as well. Commercial trucks must also have a U.S. Department of Transportation (“DOT”) number. If a private car is involved in a crash with a CMV, they can seek compensation through their insurer, or through the vehicle company’s – but certain other factors may apply.

Severity Of Injuries Matters

What all this means is that in the event of an accident involving a CMV, you have the right to seek compensation from the driver (or, in some cases, their employer or other actors) if you can show that their negligence caused your injuries. That said, the scope of your injuries is relevant. No-fault insurance systems are popular in part because minor injury cases do not go through the courts; rather, the injured driver files a claim with their PIP insurer (or the insurer for the person who caused the accident) which can cover their medical bills.

If you suffer “significant and permanent” injuries in a crash with a commercial vehicle, though, the no-fault system does not apply in your case, and you may file suit against the CMV driver and owner in court as in any other personal injury case. The intricacies of this type of personal injury case can make it complicated, but it is generally better to seek compensation this way if your injuries were severe and you believe that a CMV driver’s negligence was the direct cause. The right attorney can help.

Contact A Tampa Commercial Motor Vehicle Accident Attorney

If you have been through an accident involving a CMV, it is more likely that your injuries will be severe than they would be in an ordinary auto accident. If you suspect that the negligence of the driver caused the harm you suffered, enlisting a Tampa truck accident attorney from the Rinaldo Law Group can help give you the best chance possible at financial recovery. Contact our office today to schedule a free consultation.

Source:

flhsmv.gov/insurance/