Considering Florida’s No-Fault Law in Pedestrian Accidents
Florida has laws in place that are designed to prevent traffic accident litigation from bogging down courts and to ensure faster payouts for injured persons. These are called no-fault laws. How do these laws apply to pedestrian accidents?
The no-fault laws can make a pedestrian accident case more complicated in Florida. Under the law, every motorist in the state has to have a personal injury protection (PIP) insurance policy of $10,000. If someone is involved in a vehicle accident, the injured person can use his or her own PIP policy to recover reimbursement of financial losses, like medical bills and lost income - up to $10,000. However, if an injury is deemed a non-medical emergency, the claimant is limited to $2500.
A person injured in an auto accident in Florida has to use his or her own PIP policy regardless of which driver was responsible for the accident (hence, the name “no-fault”). In a pedestrian accident, the same situation will be true if the pedestrian has a PIP policy that applies to his or her vehicle. If the pedestrian has no such policy (for instance, because he or she does not drive), the process will have to turn to the driver involved, assuming the other driver was negligent.
Pedestrian accidents often result in serious bodily injury. Medical expenses associated with a pedestrian accident, therefore, can quickly exceed a $10,000 PIP policy. The emergency room visit to the hospital can use all of that money by itself. In these situations, pedestrians who sustained injury from the negligence of someone else should consider pursuing a third-party liability claim against the person responsible.
Unlike PIP, such a claim can allow someone to recover additional medical expenses and lost wages in excess of $10,000, pain and suffering and other damages. If you have been injured in any type of accident caused by someone else's negligence, contact Montlick & Associates for a free consultation to learn about your legal rights and options.
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If you have been injured by any type of accident caused by someone else's negligence, call Montlick & Associates, Attorneys at Law for your free consultation today. Montlick & Associates, Attorneys at Law has been representing those who suffer serious injuries for over 37 years.
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