Personal Injury Law

Car Accident Victims Lose No Fault System

By Ward & Caggiano

Orlando car accident victims and drivers and those throughout Florida lose the Florida No Fault system. For more than three decades, Florida drivers and accident victims relied on a system where medical bills and lost wages were paid by one?s own car insurance company. There was no need to file any legal claims against the at-fault driver to receive these benefits. Importantly, most delays were eliminated since you did not need to argue over who was at fault and insurance companies suffered penalties for delaying reasonable payments.

The No Fault system also limited a car accident victim?s right to recover non-economic damages such as those for pain and suffering and loss of enjoyment of life. Without No Fault benefits these restrictions should no longer prevent otherwise legitimate car accident victims from receiving compensation from the at fault driver?s insurance company.

Of course, there is so much lobbying going on in Tallahassee that our legislature may consider car insurance during the special session beginning on October 3rd. While the official slate does not have Florida No Fault on it, that does not prevent an amendment so that the legislators can take it up over the next two weeks. Once again, we will have to keep an eye on Tallahassee. In the meantime, Florida drivers and car accident victims must be prepared for a new system, one based on fault.

Full post as published by Orlando Car Accident Lawyer Blog on October 01, 2007 (boomark / email).