Can You Recover More than Your Car Insurance Policy Limits in Florida?

In Florida, it is possible to recover more compensation than your auto insurance policy limit following a car accident. Since Florida is a no-fault state, the key to obtaining more than the limits of your own policy is to hold the at-fault party responsible for your accident injuries and damages.

Depending on the facts of your case, you may be eligible to pursue a payout by filing a third-party insurance claim or a personal injury lawsuit. A Florida car insurance claims lawyer from our law firm can review your case and help you understand your eligibility.

Call or complete our online form today to get started with a free case consultation.

Understanding Your Florida Auto Insurance Policy Limits

Florida’s auto insurance system requires you to pursue a payout through your own insurance coverage first following any auto accident, no matter who caused the crash. Most licensed drivers in our state know to file a claim based on their personal injury protection (PIP) coverage after an accident to receive compensation for their medical bills and lost wages.

Carrying the minimum requirements under Florida law, this policy will only pay out up to $10,000 per accident. This amount may cover a fractured arm or bumps and bruises, but it may not be enough for more serious injuries.

This is where things get complicated. Some accident victims may be able to pursue damages beyond their insurance limits by holding the at-fault driver liable. Our Florida car accident lawyers can review your case and let you know whether this is possible.

Florida’s No-Fault System

According to Florida Highway Safety and Motor Vehicles (FLHSMV), Florida follows a “no-fault” system for auto insurance, and you must carry a minimum of $10,000 in PIP and $10,000 in property damage liability (PDL). After an accident, your insurance coverage, frequently referred to as personal injury protection or PIP, is meant to cover the following costs: 

• 80% of your “reasonable” medical expenses, such as tests, surgery, and rehabilitation
• 60% of your lost income and household services

These benefits are up to the policy’s predetermined policy limits. However, it’s important to note that no-fault/PIP insurance claims have limitations, and they do not cover certain losses, such as pain and suffering and other non-monetary damages.

In order to seek compensation for medical care in excess of your policy limits and any non-economic losses you have suffered, you could file a third-party claim against the negligent party. Again, the caveat is your injuries must meet the serious injury threshold outlined in Florida Statutes § 627.737. The criteria for serious bodily injuries are defined as those resulting in:

• Significant or permanent loss of a vital bodily function
• Permanent disfigurement or scarring
• Permanent injuries
• Death

It’s worth noting that the no-fault system does not extend to property damage claims resulting from a car accident. In such cases, you could file a claim with your collision coverage, but collision coverage is an optional insurance coverage. You could also file a liability claim against the at-fault driver, and there are no restrictions on this type of claim. 

Pursuing Compensation Above and Beyond Your Auto Insurance Policy

If we discover you are eligible to pursue damages from the at-fault driver or another liable party following your car accident, there are other ways we can go after the payout you need to make you whole:

Filing a Third-Party Auto Insurance Claim

A third-party auto insurance claim is based on the at-fault driver’s liability insurance policy. This policy pays out to cover the expenses and losses suffered by victims in an accident the policyholder caused.

Suppose we can prove the other driver caused your accident. In that case, we can recover a payout that includes your remaining medical care and lost wages, pain and suffering, property damages, and other losses.

Negotiating a settlement agreement in this type of case is common. However, we will not agree to a settlement until it fairly reflects the damages you suffered as a result of the accident.

Filing a Personal Injury Lawsuit

A personal injury lawsuit is a type of civil suit that is rooted in negligence. If our accident lawyers can show that the other driver negligently caused your accident, you are eligible to take legal action against them, and we can file a personal injury lawsuit on your behalf.

If your case goes to trial, we will present our argument to the judge and jury. Then, we will ask the judge to issue a verdict in your favor and award you compensation based on the evidence we presented.

Optional Insurance Policy Claims

Our Florida personal injury lawyers will also review your auto insurance policy for other coverage options. You may also be able to file a claim with your uninsured/underinsured motorist coverage (UM/UIM). This is an optional policy that you would need to have, but it does provide additional compensation when your PIP and the other driver’s liability coverage is insufficient to cover your losses. 

Available Damages in a Florida Personal Injury Case

When pursuing a personal injury case in Florida, it’s crucial to be aware of the potential compensation you can seek. These damages aim to reimburse you for the losses and harm you’ve experienced due to another party’s negligence or wrongful actions.

While every case is unique, you may be able to recover the following damages:

• Medical costs: This covers the costs associated with your medical treatment, including hospital stays, surgeries, doctor’s visits, medications, and other necessary medical care.
• Lost wages: If your injury has resulted in missed workdays or reduced earning capacity, you can seek compensation for the income you would have earned.
• Property damage: If your personal property, such as your vehicle, was damaged in the incident, you can seek reimbursement for the costs of repairs or replacement.
• Out-of-pocket expenses: This category includes any additional costs directly resulting from your injury, such as transportation to medical appointments or modifications to your home to accommodate a disabling condition.
• Pain and suffering: This category refers to the physical and emotional suffering you have experienced as a result of your injury, including chronic pain, mental anguish, and emotional distress.
• Loss of consortium: Spouses or family members may seek compensation for the loss of companionship, support, and services resulting from your condition.
• Loss of enjoyment of life: If your injury has significantly limited your ability to enjoy life as you did before, you may be eligible for compensation.

Understanding the damages available to you is essential in building a strong personal injury case, as it ensures that you seek appropriate compensation for all you’ve endured.

Proving Negligence and Liability in a Florida Car Accident Case

Before we can negotiate a fair settlement from the insurance provider or file a personal injury lawsuit against the responsible party, we need to build a case to present to the insurance company or the court. This stage requires us to investigate the cause of your accident and collect evidence to prove the driver acted negligently.

We can do this by showing:

• Duty of care: The driver must drive in a responsible, reasonable way. This responsibility includes following all traffic laws.
• Breach of duty: The driver failed to uphold this responsibility, breaking a traffic law or otherwise acting carelessly.
• Causation: Their actions caused your accident, and you suffered injuries as a result.
• Damages: You now have hardships due to medical expenses, lost wages, and your pain and suffering. 

To prove these four elements, we need evidence. 

Gathering Evidence in Your Florida Car Accident

As a part of our comprehensive investigation, we will collect a range of evidence to support your car accident claim.

This evidence may include the following:

• The police report
• Your statements about the accident
• Statements from other witnesses
• Your relevant medical records
• Surveillance or dashcam footage of the accident scene
• Testimony from accident reconstruction specialists and other experts

By proving negligence, we can establish liability in your case. Liability means the at-fault driver is responsible for the injuries you suffered, and their insurance company should pay out to cover your damages.

Florida Time Limit for Filing a Personal Injury Claim

Florida’s statute of limitations allows most accident victims a window of two years to initiate a personal injury lawsuit following an incident.

The clock starts ticking on the accident date, and after two years have elapsed, you may lose your legal right to seek financial compensation for your injuries and related losses.

Barring unique circumstances, failing to file your lawsuit within two years could result in losing your right to seek compensation for your injuries.

Talk to a Florida Personal Injury Lawyer About Your Case

If you suffered injuries in a Florida car accident, you could recover more than your insurance policy limits. However, this depends heavily on the facts of your case. Let Chalik & Chalik Injury Lawyers fight for the maximum compensation available in your case, whether through an insurance settlement or a court award. 

When you enlist the help of our legal team, you work with the partners, attorneys Debi Chalik and Jason Chalik, directly. A member of our personal injury law firm will review your car accident case for free today. Contact us for a free, no-obligation consultation.