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Living in a state like Florida where there’s a no-fault law in place can be frustrating when you suffer an injury in Tampa or Orlando because of a car accident. While the no-fault law is beneficial in that it allows you to receive a settlement from your insurance quickly, it doesn’t always allow you to get the fair share you deserve.

Understanding how your insurance works is necessary if you hope to maximize your claim, because in some circumstances, you’re allowed to take legal action. 

How PIP Insurance Works

All drivers in Florida are required to carry a minimum of $10,000 in personal injury protection (PIP) insurance. When a car accident occurs, this is the insurance you’ll default to for recovery of medical expenses and lost wages, regardless of who caused your accident. If your damages are less than $10,000, having PIP insurance is beneficial because it saves you the hassle of having to prove fault in your wreck.

PIP insurance can be disappointing, though, because you have no choice but to use it when your damages are less than $10,000. Even if you know someone else caused your accident, the state of Florida bars you from taking legal action unless specific facts about your accident are true.

Types of Accidents that Qualify for Lawsuits

Your car accident in Florida will qualify for a lawsuit even if your damages are less than $10,000 if you suffer severe and disfiguring injuries. You can also take legal action against the at-fault party in your car accident if your damages exceed $10,000. Once your PIP insurance runs out, the liable party will be responsible for any other damages you’re owed.

You can also file a lawsuit against the at-fault party for property damage in your car accident because PIP insurance doesn’t cover property damage.

How a Lawsuit Will Maximize the Settlement You Receive 

The benefit of filing a lawsuit as opposed to sticking with your PIP insurance settlement is that a lawsuit will allow you to maximize your settlement. Unlike PIP insurance which only covers medical expenses and lost wages, a lawsuit allows you to recover compensation for both economic and non-economic damages.

Non-economic damages may include pain and suffering, emotional distress, and loss of consortium. All citizens deserve the right to a fair monetary share, no matter which state they live in. And although Florida is a no-fault insurance state, there are ways to get around the law and fight for your rights.