FLORIDA'S NO FAULT INSURANCE LAWS

Under Florida's No Fault Insurance Laws, the medical treatment that you need should be paid by your own motor vehicle insurance company. Your automobile insurance policy should include Personal Injury Protection benefits, known as "PIP" benefits. Even if you were not at fault in the accident your own policy's PIP benefits should pay your medical bills. Some PIP policies have larger deductibles than other policies which first must be met before your PIP coverage will pay. PIP benefits may also pay for a percentage of your lost wages if you are unable to work due to your injuries. In addition to PIP benefits, some policies also include Medical Payment benefits, known as "Med-Pay", to pay additional medical expenses above and beyond the expenses paid by your PIP benefits. The other driver who is at fault can be held responsible for the medical payments and lost wages not covered by our PIP benefits.

PAIN AND SUFFERING

Under Florida's No Fault Laws if you are injured in an automobile accident your rights to bring a claim for pain, suffering or mental anguish are limited. You may not recover from these injuries unless you have suffered:

         (a) Significant and permanent loss of an important mobility function;
         (b) Permanent injury within a reasonable degree of medical probability,
              other than scarring and disfigurement
         (c) Significant and permanent scarring or disfigurement
         (d) Death

Permanent or significant injury does not mean that you must be totally disabled. Many person with "Soft tissue" injuries such as a sprained neck have permanent injuries (Fla. Stat.627.737.(2)

PROPERTY DAMAGE

If your vehicle is damaged due to the negligence of another driver, that drivers' insurance should provide coverage under the Property Damage portion of its policy.  If the other driver was un-insured you may have coverage under your own policy known as Collision Coverage. Some Collision Coverage provisions have deductibles.   

Under either coverage (Property Damage or Collision) you have the right to choose our own Body Shop for repairs.  Some insurance companies will try to steer you to Body Shops that they choose for you.  They may refer to these shops as "Pro Shops" or "Blue Ribbon" shops.  Contrary to the insurance companies' suggestions, you are not required to use the insurance companies' preferred shops. Also, there is no evidence that these shops provide better service than the shops that are not affiliated with the insurance companies.  Many states are considering legislation to stop insurance companies from steering their customers to Preferred Shops. If you have been a victim of insurance company steering please contact State Representative Mike Fasano

RECORDED STATEMENTS

You should not give a statement to an Insurance Adjuster for the company that insures the driver at fault.  The Insurance Adjusters are looking out for the best interests of their insured and begin immediately after the accident building a file that can be used against you.