If you, as a driver or passenger, got seriously injured in a no-fault car collision, then you can file a lawsuit or liability claim against at-fault driver. However, no-fault car insurance system applies in the states given below –
- District of Columbia
- Hawaii
- Florida
- Kentucky
- Kansas
- Michigan
- Minnesota
- New York
- New Jersey
- North Dakota
- Utah
- Pennsylvania
The types of injuries that come under ‘serious injury’ limitations are given below. In some states threshold are termed as ‘limited tort’ or ‘lawsuit threshold. It allows the victim to pursue for compensation from at-fault driver, after stepping outside no-fault system.
About ‘Serious injury’ threshold
Each state has its own statute outlined to determine serious injuries, which allows filing lawsuit against at-fault driver.
To understand it clearly, here is an example –
‘Serious injury’ threshold under Florida’s law
Florida’s no-fault law needs –
- It is compulsory for drivers to carry PIP or personal injury protection policy
- This coverage pays maximum $10,000 against injuries due to car accident
- Conditions applied for coverage are 80% for crucial medical care and 60% on lost income (injured person is not able to work)
- PIP coverage pays for losses (who was at fault does not matter)
- If the losses are more than $10,000 and your injuries are qualified as serious, then you can step beyond no-fault system and file lawsuit against at-fault driver
- You can also buy extra PIP coverage to increase $10,000 maximum
- PIP protection applies to bicyclist or pedestrian injured in a car crash
Serious injury threshold
In Florida, no-fault law section 627.737 states that a claimant can recover tort damages for suffering, inconvenience, pain, and mental anguish due to bodily injuries, sickness, or arising out of using a motor vehicle that triggered –
- Permanent and significant loss of vital body functions
- Permanent injury besides disfigurement or scarring
- Permanent and significant deformity or scarring
- Death
What happens if your injuries are not qualified as ‘Serious injuries’?
Main drawbacks – Damages cannot be collected for pain and suffering, whereas property damages does not fall under PIP protection coverage in Florida.
For your car damages, file 3rd party claim against at-fault driver’s insurer under that driver’s liability coverage.
In case the accident was your fault, then under collision coverage, you can file a claim. However, you will not be roofed, if you were injured while driving –
- Under influence of alcohol or drugs
- A stolen car
- Racing
- Committing a felony act
Threshold definition is vague
Terms used in defining ‘Serious injury’ appears unclear. What are ‘significant losses or ‘significant deformity’? What are ‘vital’ body functions? What kind of injury is ‘permanent’ or scarring is ‘significant’?
If your accident case qualifies under ‘serious injuries’ as per your state’ no-fault law, then you can expect argument from the insurer or defense lawyer (representing at-fault driver). You will also need a skilled personal injury lawyer to argue for your eligibility under ‘serious injury’ category, so you can litigate for full damages. Look for experienced lawyers on www.caraccidentlawyersmelbourne.com.