Are Truck Accidents in West Palm Beach No-Fault Cases?
Hurt in a semi-truck accident in West Palm Beach? You need immediate medical attention. You also have the right to bring a legal claim to seek compensation for your damages. This raises an important question: Do truck accident injury claims in West Palm Beach fall under Florida’s no-fault insurance law? The short answer is yes; but you can step outside of the no-fault system and file a fault-based claim if you suffered a serious injury in the crash. Here, our West Palm Beach truck accident lawyer provides a more comprehensive guide to Florida law.
Florida is a No-Fault State, including for Truck Accidents
Florida follows a no-fault insurance system for motor vehicle crashes, including collisions with semi-trucks. There are big implications for your case. After an accident, your first source of medical coverage is your own Personal Injury Protection (PIP) policy. That is true regardless of who caused the wreck. Every driver in Florida is required to carry a minimum of $10,000 in PIP coverage. These benefits pay for a portion of medical bills and lost wages up to the policy limits.
Your Initial Personal Injury Claim is Your No-Fault Claim
After a semi-truck accident in West Palm Beach, your first step is to file a claim with your PIP insurer. PIP will cover up to 80 percent of necessary medical expenses and 60 percent of lost wages, subject to policy caps. However, for minor injuries in a truck accident in West Palm Beach, your sole personal injury claim may be a no-fault claim. Of course, PIP benefits are limited. For serious truck accidents, costs often exceed $10,000 quickly.
Know the 14 Day Rule in Florida: The 14-day rule in Florida comes from the state’s Personal Injury Protection (PIP) insurance law (Florida Statutes § 627.736). In effect, it requires an injured victim to seek professional medical care within 14 days of the date of their accident. If they fail to do so, they may be denied benefits by their PIP insurer.
You May Have a Fault-Based Claim if You Suffered a Serious Injury
If you suffered a serious injury in an eighteen wheeler accident in West Palm Beach, you have the right to step outside of the state’s no-fault insurance system. Indeed, Florida law allows victims to step outside the no-fault system when injuries meet the state’s “serious injury threshold.” Qualifying injuries include:
- Significant and permanent loss of an important bodily function;
- Permanent and significant scarring or disfigurement;
- Any other type of permanent injury; and
- The death of a family member.
If your injuries meet this standard, you may pursue a fault-based claim directly against the truck driver, trucking company, or another liable party. A fault-based claim can recover damages not available under PIP, such as full lost wages, future medical expenses, and pain and suffering.
Set Up Your Free Consultation With a West Palm Beach Eighteen Wheeler Accident Lawyer
At Pike & Lustig, LLP, our West Palm Beach eighteen wheeler accident attorney fights aggressively to help injured victims get justice. Hurt in a crash with a large commercial truck? We can help you navigate the entire claims process, both no-fault and fault. Call us today for a free case review. With an office in West Palm Beach, we handle eighteen wheeler accident cases all across the region.
