The “No Fault” State Status Has Some Holes, So How Can an Auto Accident Defense Attorney Prepare a Case?

The common misconception in Florida law is that a no-fault state makes suing after a car accident unlikely or impossible. It is possible to sue someone in an auto accident, and that also applies to no-fault states such as Florida. Generally, a no-fault state means that any damages incurred through the auto accident are paid by the driver’s insurance company, so someone injured in an auto accident would often be unable to sue the person who injured them, instead they would be forced to sue the insurance company directly. Both parties would include PIP (Personal Injury Protection) insurance because of the no-fault status, which is an insurance addition that is legally obligated by law in the state of Florida.

The no-fault policy in Daytona Beach, Florida does not make suing impossible; here are two standards that need to be met for the prosecution to work around a no-fault standard: firstly, the auto accident needs to result in a serious impairment. The law will require that a serious impairment reaches a certain threshold, which includes losing a limb or losing a sense (sight, hearing). The second matter that needs to be met is usually financial. For example, the insurance company is the main party responsible in a no-fault state, but if the injuries exceed expenses of, for example, $250,000, they may open the door for a potential lawsuit.

The no-fault status does not extend indefinitely: over a certain amount (which always varies depending on the case and the insurance company) the prosecution can set up a lawsuit against an individual, forcing them to respond with an auto accident defense attorney. It is important to note that a no-fault status does make setting a prosecution lawsuit more difficult but it is certainly not impossible. In especially bad auto accident cases, an individual may be held responsible to some degree.

The Law Office Of Brian R. Toung, P.A. handles cases in Daytona Beach for someone who has been deemed the cause of the accident. Certain stipulations can be met which would allow the other party to potentially sue. A no-fault state is not universal, and there are ways the prosecuting attorneys can present a case. Someone who causes an accident needs to find an auto accident defense attorney that understands the variables of no-fault law. You can follow them on Google+.

 

 

Leave a Reply

Your email address will not be published. Required fields are marked *

Shares