Can You Sue or Be Sued During No-Fault Accidents?

Can You Sue or Be Sued During No-Fault Accidents?

Can You Sue or Be Sued During No-Fault Accidents?

James Simmons | October 20, 2022


Do you need help figuring out the next steps after a no-fault car accident? Call the experienced lawyers at The Simmons Law Group at (407) 454-3000.

If you get into a car accident, whether as the driver, passenger, or pedestrian, your first thoughts immediately go toward ensuring everyone involved is okay. No-fault laws do the same by eliminating the litigation process, despite whether the accident was your fault or not. Instead, they allow you to manage your physical, mental, and financial state rather than having you deal with court cases that draw you away from what matters: recovery.

However, receiving or pursuing lawsuits after no-fault accidents are still a possibility. Trust The Simmons Law Group, the experienced personal injury law firm in Orlando, FL, to break down no-fault accidents.

How Does the No-Fault Law Work?

Certain states, like Florida, have a no-fault law that makes insurance companies responsible for covering costs after an accident. If all drivers have insurance, like personal injury protection and property damage liability, which the state requires, the insurance companies cover hospital fees and automotive repairs. The insurance company allows both parties to receive some compensation without having to file a lawsuit to assign fault.

Can You Still Sue After a No-Fault Accident?

Note that taking part in an accident in a no-fault state doesn’t automatically mean you’ll never enter litigation for an automotive accident. The no-fault law only reduces the possibility of having a victim sue you by making it more difficult for them to file a claim. But you can still sue and be sued during no-fault accidents in specific circumstances.

Insurance company payouts may only partially cover repairs and medical expenses. Monetary and injury thresholds determine whether a victim’s bills or ailments surpass what insurance can cover. For instance:

  • Monetary thresholds, which are usually $1,000, vary between states. When victims claim their expenses exceeded this amount, they file a lawsuit for additional compensation. However, they must first prove these expenses with doctor testimonies, billing statements, and proof of procedures since unreasonable or unnecessary treatments don’t add to the threshold. 
  • Injury thresholds state anyone with severe injuries from a no-fault accident has the right to sue the other driver. Injuries include permanent disfigurement, disability, dismemberment, fractures, and death.

How to File a Lawsuit After a No-Fault Accident

Although Florida law limits what the policyholder receives after litigation, the additional compensation assists many individuals harmed during accidents. Before filing a claim, you must collect on your insurance first.

Begin by creating a claim with your insurance provider to determine your liability coverage. After the insurance policy pays out, you may file for additional compensation that the state considers by examining your current condition, expenses, and state threshold limits.

The Simmons Law Group: On Your Side After a Car Accident

The Simmons Law Group, Florida’s top vehicular accident lawyers, understands accidents are a lot to handle. Our firm gives you small-firm service with large-firm tactics, so call (407) 454-3000 for a free consultation on no-fault accidents in Orlando, FL, today!