Understanding Florida No-Fault Insurance and Truck Accidents

Florida’s no-fault insurance system can be complex, especially when it comes to truck accidents. This insurance framework aims to streamline the process of securing compensation for injuries and damages, but it also presents challenges and limitations that those involved in truck accidents must navigate. Truck accidents often result in significant injuries and substantial property damage, making it crucial to understand how Florida’s no-fault insurance laws apply — and what steps are necessary to ensure fair compensation.

The Basics of Florida No-Fault Insurance

Florida operates under a no-fault insurance system, which means that after a car accident, each driver’s insurance company covers their medical expenses and lost wages, regardless of who caused the accident. This system is designed to reduce the time and cost associated with determining fault and to provide prompt payment for medical care and other losses. All Florida drivers are required to carry Personal Injury Protection (PIP) insurance, which covers up to $10,000 in medical expenses and lost wages.

However, this no-fault system has limitations. The $10,000 coverage may be insufficient for severe injuries, and PIP does not cover property damage. Furthermore, Florida’s no-fault laws allow accident victims to step outside the no-fault system and file a lawsuit if their injuries meet certain criteria, such as significant and permanent loss of an important bodily function, permanent injury, significant and permanent scarring or disfigurement, or death.

Truck Accidents: A Different Scenario

Truck accidents differ significantly from typical car accidents due to the size and weight of commercial trucks. The damage and injuries resulting from truck accidents are often much more severe, which complicates the application of Florida’s no-fault insurance laws. In truck accidents, the injuries sustained can easily exceed the $10,000 limit provided by PIP insurance, necessitating additional avenues for compensation.

Additionally, truck accidents often involve multiple parties, including the truck driver, the trucking company, and potentially other drivers. Determining fault in these cases is complex and requires a thorough investigation. The trucking industry is also subject to federal regulations that can impact the outcome of a claim, including hours-of-service rules, maintenance requirements, and driver qualification standards.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Navigating the No-Fault System After a Truck Accident

After a truck accident, it is crucial to act swiftly and methodically to protect your rights and ensure you receive the compensation you deserve. The first step is to seek medical attention, even if you do not immediately feel injured. Some injuries, such as whiplash or internal injuries, may not manifest symptoms right away. Documenting your injuries and receiving prompt medical treatment is vital for your health and your claim.

Next, report the accident to your insurance company. Under Florida law, you must notify your insurer within 14 days to be eligible for PIP benefits. Provide your insurer with all necessary information, but be cautious about making statements that could be used against you later. Insurance companies often look for ways to minimize payouts, so it is advisable to consult with an attorney before giving a detailed account of the accident.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

When Injuries Are Severe

In many truck accident cases, injuries are severe enough to exceed the $10,000 PIP limit. When this happens, you may need to pursue compensation through other means. This could involve filing a claim against the truck driver’s insurance, the trucking company, or other responsible parties. Florida law allows you to step outside the no-fault system and file a lawsuit if your injuries meet the serious injury threshold.

Filing a lawsuit involves proving that the truck driver or another party was negligent and that this negligence caused your injuries. This process can be complex and requires gathering evidence, such as accident reports, witness statements, medical records, and testimony. An experienced attorney can help you navigate this process and build a strong case to maximize your compensation.

The Role of Comparative Negligence in Florida

Florida follows the doctrine of comparative negligence, which means that if you are partially at fault for the accident, your compensation may be reduced by your percentage of fault. For example, if you are found to be 20% at fault for the accident, your compensation will be reduced by 20%. This doctrine can significantly impact the outcome of your claim, making it essential to have an attorney who can effectively argue your case and minimize your perceived fault.

Federal Regulations and Truck Accidents

The trucking industry is heavily regulated by federal laws designed to ensure safety on the roads. These regulations can play a crucial role in truck accident cases. For instance, hours-of-service regulations limit the number of hours a truck driver can be on the road to prevent fatigue-related accidents. If a truck driver violates these regulations and causes an accident, this can be used as evidence of negligence.

Other important regulations include requirements for regular vehicle maintenance and inspections, as well as rules regarding the qualifications and training of truck drivers. Violations of these regulations can strengthen your case and help establish liability. An attorney experienced in truck accident cases will be familiar with these regulations and how to use them to your advantage.

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Dealing with Insurance Companies

Dealing with insurance companies after a truck accident can be challenging. Insurance adjusters may try to settle quickly for an amount that is far less than what you deserve. It is important to remember that insurance companies are businesses, and their goal is to minimize payouts. Never accept a settlement offer without consulting an attorney, as you may be entitled to much more compensation.

An attorney can negotiate with the insurance company on your behalf, ensuring that all your medical expenses, lost wages, and other damages are accounted for. If a fair settlement cannot be reached, your attorney can take your case to court. Having legal representation can significantly increase your chances of receiving the compensation you need to recover from your injuries and move forward with your life.

The Importance of Legal Representation

Truck accident cases are complex and require a thorough understanding of both state and federal laws. Having a knowledgeable attorney on your side can make a significant difference in the outcome of your case. Your attorney will handle all aspects of your claim, from gathering evidence and negotiating with insurance companies to representing you in court if necessary.

At Serrano Law, we are committed to helping truck accident victims navigate the complexities of Florida’s no-fault insurance system and secure the compensation they deserve. Our experienced team understands the challenges you face and will work tirelessly to protect your rights and interests. We will conduct a comprehensive investigation of your accident, gather the necessary evidence, and build a strong case on your behalf.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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Fight for the Compensation You Deserve — Contact Serrano Law Today

If you or a loved one has been involved in a truck accident in Florida, do not hesitate to seek legal assistance. The team at Serrano Law is here to help you through every step of the process, from understanding your rights under Florida’s no-fault insurance laws to pursuing compensation for your injuries and damages. We are dedicated to providing personalized and compassionate representation to ensure the best possible outcome for your case. Contact us today for a free consultation, and let us help you on the road to recovery.