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Florida Law for Auto Insurance and accidents

Florida law for auto insurance and accidents is not very kind to the victims of car accidents. Florida is a no fault state. That means that you cannot recover for your damages against a third party. If someone hits you, then your own insurance company must pay your damages.

Florida believes that this system cuts down on frivolous lawsuits and saves Floridians money by lowering the cost of premiums across the board. There has been a lot of debate over this system, and Floridians seem to be paying higher insurance rates than the rest of the states (except from other no fault states like Michigan).

Note: if the damage is purely property damage then there could be recovery. Your vehicle is parked and unoccupied and someone hits it. That person insurance company must pay under property damage. Regarding the injuries, you insurance company will have to pay your bills and that is the end of the story.

If you are renting a car in Florida, you must be aware of Florida law for auto insurance and accidents. If you do not carry full coverage at home, it is very possible that either the rental place will not give you a car or you will self insure the vehicle. Florida law for auto insurance chart.

Florida law for auto insurance and accidents has clear standers for diminished value or diminution of value claim. In Siegle v. Progressive Consumers Ins. Co., 819 So.2d 732 (Fla. 2002), the Florida Supreme Court found that an automobile collision policy which provides that the insurer must repair or replace the damaged vehicle “with other of like kind and quality” does not obligate the insurer “to compensate the insured in money for any diminution in market value after the insurer completes a first-rate repair which returns the vehicle to its pre-accident level of performance, appearance, and function.” See also, Morrison v. Allstate Indemnity Co., 1999 WL 817660 (M.D. Fla. 1999).

Florida law for auto insurance and accidents regarding deductible reimbursements has said that “Automobile insurer will not be held to have violated made-whole doctrine where it returns to its contributorily negligent insured a properly calculated pro rated portion of insured's collision deductible after recovery in subrogation action. Monte De Oca v. State Farm Fire & Casualty Co., Consol Nos. 03-661, 03-1468 (Fla. 3d DCA Dec. 22, 2004).

Florida Accident Law
Jurisdiction No Fault State
Liability Insurance required? Yes
Personal injury liability maximum for one person injured in an accident. $10,000
bodily injury liability maximum for all injuries in one accident. $20,000
property damage liability maximum for one accident. $10,000
PIP required? Yes
No-fault state? Yes
Uninsured motorist coverage required? No
Bodily Injury Statue Of limitations 4 Years
Property Damage Statute of Limitation 4 Years (2 years for wrongful death or medical malpractice)
Small Claims Court Maximum Limit $5,000
First Party Diminished Value Claim in Property Damage Not Allowed
Med Pay Subrogation Allowed? No
PIP Subrogation Allowed? No unless commercial vehicle, or Pedestrian Hit
Deductible Reimbursement Law PRO RATA
STATE

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