Understanding Your Insurance Rights In Car Wrecks

When you’ve been in a car wreck, your insurance rights matter. A solid understanding of what your coverage entails and where your rights stand can make a difference in how well you're protected. 

This blog is a walk-through of what you need to know about your rights, from liability to coverage options, so you’re ready if the unexpected happens.

The Foundation of Coverage

Liability insurance is your primary defense in an accident, and it’s a legal requirement in Florida. Liability insurance has two parts: 

• Bodily injury, and 

• Property damage 

Bodily injury liability covers injuries to others when you’re at fault, while property damage takes care of repairs for damaged vehicles or other property. Florida law requires a minimum liability coverage of $10,000 for personal injury and $10,000 for property damage, though this is often insufficient in more severe accidents.

Having enough liability coverage is crucial. Insufficient coverage can mean that the injured party could sue for damages beyond what your insurance covers. Many drivers increase their coverage limits to avoid this situation, but check with your insurer about what makes sense for your circumstances.

Personal Injury Protection (PIP)

Florida operates under a "no-fault" insurance system, meaning that no matter who is at fault, each party’s insurance will cover their own medical expenses through Personal Injury Protection, or PIP. This PIP coverage provides up to $10,000 for necessary medical treatments, hospital expenses, and lost wages.

In my practice, I’ve seen many cases where clients felt relieved knowing PIP was there to cover their immediate medical needs after a wreck. The big catch here? PIP won’t cover all expenses. Once medical costs exceed that $10,000 cap, you’ll need additional coverage or seek compensation through other legal means.

Protection Against Uninsured Drivers

Florida does not require uninsured motorist (UM) or underinsured motorist (UIM) coverage, but they’re worth considering. UM coverage is essential if the at-fault driver doesn’t carry insurance or lacks enough to cover all damages. If the at-fault driver's insurance policy doesn't fully cover your losses, UIM coverage can help bridge the gap.

Many people don’t realise how common it is to encounter uninsured drivers on the road. Without UM or UIM coverage, you might end up paying out of pocket for injuries or damage.

How Filing Claims Affects Your Insurance

There’s often worry about how filing a claim might impact future premiums. Florida law generally protects drivers from rate increases after a non-fault accident, provided they don’t have more than three accidents in a three-year period. 

But insurers can still adjust rates for non-accident reasons, like inflation, changes in coverage, or general company costs.

Find out more about your insurance rights after a car wreck from your accident and personal injurieslawyer.

Disclaimer: The legal articles on this website are for informational and educational purposes only and do not constitute legal advice. Reading these materials does not create an attorney-client relationship. For legal guidance tailored to your specific situation, please consult a qualified attorney.