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Car Accident Law

Automobile accidents in the state of Florida are controlled by Florida's "No-Fault" law which is found in the Florida Statutes, Chapter 627. "No-Fault" means that if you are injured in an automobile accident, 80% of your medical bills and up to 60% of your lost wages will be paid by your own Personal Injury Protection (PIP) insurance, regardless of fault. To cover the additional 20% of the medical bills not paid by one's PIP, a person may purchase medical payments coverage on their insurance policy.

If the other party was at fault in causing your automobile accident, then Florida has a threshold that must be met before a person can recover for pain and suffering, mental anguish, and certain other damages that are applicable in typical negligence actions. The threshold that must be met is found at Florida Statutes § 627.737 (2) (a - d) which consists of:

• (a) significant and permanent loss of an important bodily function;
• (b) permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement;
• (c) significant and permanent scarring or disfigurement;
• (d) death.

Unfortunately, at this time the Florida Legislature does not require motorists to carry Bodily Liability. Bodily Liability insurance is the at-fault party's insurance that would pay for your additional medical bills, lost wages, and your loss of enjoyment of life in the event the party who hit you was at fault. The only way a motorist may protect him or herself from this event is to purchase Uninsured/Underinsured Motorist Insurance (UM/UIM).

Insurers who sell PIP insurance MUST offer you UM/UIM insurance at the time you purchase your insurance. The purchase of UM/UIM insurance is highly recommended. Additionally, make sure your UM/UIM insurance is stackable for all vehicles in your household. Many of Florida's motorists are uninsured and purchasing UM/UIM is the best way to protect you and your family in the event of an automobile accident involving serious injuries.

If you would like to speak with a qualified Melbourne car accident lawyer, click here for help.