Florida no fault insurance

When a person gets his vehicle insured, his intention is to get the compensation for himself or the person injured at the time of accident. Most of the insurance companies across the world are operating on this concept only. When any accident etc occurs, it is determined what is the degree of the fault of the person in the accident and then, the compensation is passed accordingly. It is to be noted here that in many cases it takes years to determine the degree of fault in the accident, as the case reaches the courts. It is well known that the court decisions takes time and by the time the decision is made and the degree of fault is determined, it is no use getting the compensation.

The claim is required to the passed right after the accident etc so that the needful can be done. To avoid such circumstances, no fault insurance has been passed. Under this type of insurance, the person gets the compensation for the damages done because of the accident irrespective of the degree of fault of a person. So, the no fault insurance has no connection what so ever with the persons fault in the accident.


The help a person in getting the compensation regardless of the fault committed, Florida in the United States along with other eleven states has adopted the no fault insurance. This is the reason why a person has to pay for the different types of coverage, whether he desire or not. By adopting the no fault system, the Florida government had provided relief to all those who get injured in the accident. When any accident is committed in Florida, the insurance company that has insured the vehicle, also called as the insurer, automatically pays for the different types of damages done. However, the amount that is granted under this system of insurance depends upon the limit that has been specified in the insurance policy.

Of course, when a person gets the benefit that he shall be paid of the damages regardless of fault, there are of course some rights that a person is required to fore go in this type of insurance like suing other drivers for inflicting damage to him. Similarly, if a person himself has committed accident, he is also relieved from the chances of being sued by another person. As far as Florida state is concerned, it is to be understood here that the state has of course adopted the modified no fault insurance system and not the pure no fault system where the insurer pays for any type of economic damages like the lost wages or the medical bills of the injured person up to the limit taken by a person.

Also, in pure no fault system, a person cannot sue any driver for the non-economic damages like loosing the companionship, pain etc. The modified no fault insurance allows a person to get paid for the economic damages done up to the specific limit of the insurance policy take and the person can also sue the negligent driver for the non-economic damages done, if their value exceeds the threshold limit. So, a person living in Florida can go for the economic as well as non-economic damaged done at the time of accident etc.


There are some other aspects that are required to be understood regarding the Florida no fault insurance. As said above, the person in Florida can easily go for the recovery of non-economic damages done. This is allowed only in the cases regarding the exceptional severity. There are two schools of thoughts regarding the definition of the exceptional severity. The first school says that there should be no inflated damage amount claims under the policy and thus, this is a descriptive or the verbal threshold definition. The insured is allowed to define whether he has or hasn ?t crossed the defined severity line. The other school of thought says that there is always a monetary threshold, which sets a definite amount that can be spent on the medical bills, before that is green signal for the tort. Though this leads to the prevention of the over compensation, it also leads to the exaggeration of the various medical costs associated with injuries inflicted in the accident.

As far as the goal of the Florida no fault insurance is concerned, it is definitely the lowering of the premium costs associated with the insurance of the automobiles. This is because by adopting the no fault insurance, the state has of course avoided the various types of litigation costs connected with the accidents. Apart from it, there is one more benefit of adopting such insurance system and it is the quick payment of the various injuries inflicted in the accident. But there is one major disadvantage also attached to this type of insurance. Many critics of this insurance system feels that the no fault insurance system does not punish the rash or the negligent drivers and thus, they continue to inflict injuries to others, as there is no litigation that is started against such drivers. In response to this, the supporters of the no fault system argues that since the accidents are inevitable and it is not necessary that the negligent drivers are always at fault, this system is doing well.


No fault system of course helps a person in many ways especially when injuries have been inflicted against them. Regardless of the fault, a person injured in accident in Florida is eligible to get all the medical costs etc for the damage done. Of late, many voices from many association have been raised against this system in Florida and thus, it is quite likely that in near future, the drivers in Florida can reduce their auto insurance bills as the no fault system is thought all set to expire. It might be replaced and if the impasse remains, it may be extended. But it is for sure that there are many organizations etc that are voicing against the no fault insurance in Florida.

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