Who Will Pay for the Damages After My Car Accident?

May 29, 2020 Posted in Car Accident Claim

The Villages community of central Florida is a haven for 55 and older residents and spans three counties near Orlando. Because of its vast acreage, car accidents can be a frequent occurrence. If you’ve been involved in a car accident in that community, you may be wondering who will be responsible for covering your medical expenses and any necessary repairs to your vehicle. The answer will largely depend on whether fault can be traced to you or to the other driver. If you’ve been involved in a car accident and are unsure how you should proceed, consider contacting a The Villages car accident attorney to guide your decision making. 

Understanding Florida’s No-Fault Laws

Florida is a no-fault state, which essentially means that all drivers are required to carry no-fault insurance coverage that will cover most expenses after an accident occurs. Whether or not the insurance company will cover the vast majority of your expenses will depend on the severity of your injuries, your car insurance policy, and the coverage available via your health insurance policy. Anything that isn’t covered can be addressed with your attorney.

Florida’s no fault law generally requires drivers to purchase what is known as personal injury protection coverage, or PIP. PIP insurance will cover each driver’s respective injuries, regardless of who is at fault for the accident. Under your PIP coverage, the following expenses will be covered:

  • Medical, surgical, x-ray, dental, and any rehabilitative services 
  • Hospital, ambulance, and nursing services 
  • Follow-up care by your primary physician

Bear in mind that in order to have these medical expenses covered under your PIP insurance, the treatment facility billing for services must be medically licensed, and the services rendered must have been ordered by a doctor. Services like acupuncture, massage, or other non-medical treatments are generally not covered under PIP insurance. 

PIP insurance will usually cover up to 80 percent of your medical expenses, with the remaining 20 percent to be covered by your health insurance, you personally, or by the other driver, depending on who is at fault. This is where the situation can get complicated, and an experienced The Villages car accident attorney will advise whether a personal injury lawsuit is the best approach for retrieving the remainder of your medical bills, along with any other damages that might be appropriate after the car accident. 

Do I Have a Personal Injury Claim?

Whether you wish to pursue a personal injury claim will depend largely on the circumstances of the accident. If the accident was mild in nature and your medical expenses amount to very little, it may not be worth seeking legal counsel. If, however, the accident resulted in serious injury that will require prolonged medical treatment and care, then a personal injury claim may be your best approach. A personal injury claim will generally ensure that all of your economic and non-economic damages are covered, including pain and suffering or loss of enjoyment. For example, if your injuries seriously impacted your quality of life, you may be entitled to additional compensation.

A The Villages car accident attorney will consult your particular case and determine whether the facts of your case might warrant a personal injury claim.

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