Do I File a Truck Accident Claim Against Your Own Insurance or the Truck Company’s Insurance Carrier?
Were you involved in a crash with a large commercial truck in South Florida? You need financial compensation for your damages. You may be wondering: Do I file a truck accident claim against my own insurance company or the truck company’s insurer? As Florida is a no-fault state, your initial claim is against your own insurance provider—but you may also have a fault-based claim if you suffered a serious injury in the wreck. In this article, our West Palm Beach truck accident attorney explains the key things to know about filing a claim after a crash in Florida.
Florida is a No-Fault State: Your Initial Claim is Through Your PIP Policy
Florida is a no-fault insurance state, including for truck accident claims. That means you bring your initial claim against your own insurance policy, even if a negligent trucker or trucking company was the one who was responsible for your crash. As explained by Florida Highway Safety and Motor Vehicles (FLHSMV), all motorists in our state are required by law to carry Personal Injury Protection (PIP) insurance. You start the claims process with a PIP claim.
The PIP system is designed to ensure quick access to medical treatment and partial lost wages—without needing to prove fault. PIP covers up to $10,000 in benefits—but only for medical care and a portion of lost income. It does not cover pain and suffering or non-economic damages.
Note: Your no-fault PIP claim is for injuries related to your truck accident. Property damage claims are fault-based claims in Florida. If a trucker caused your property damage through negligence, you can hold them liable through a fault-based claim.
You Can File a Fault-Based Truck Accident Claim for a Serious Injury
Your no-fault claim is not necessarily your only claim. Florida law allows you to step outside the no-fault system and file a personal injury claim against the truck company’s insurance provider if your injuries meet a “serious injury threshold.” Your injuries must be more than just minor in order to bring a fault-based truck accident injury claim in Florida. Some serious injuries include:
- Permanent loss of a body function;
- Permanent scarring or disfigurement; and
- Any permanent injury that significantly affects your life.
If you qualify, you can file a claim directly against the trucking company or its insurer to recover compensation for the full range of your damages—including for pain and suffering, future medical expenses, full wage losses, and diminished earning potential. To hold a trucker or truck company liable for your injuries, you must prove that your crash happened due to their negligence.
Call Our West Palm Beach Truck Accident Lawyer Today
At Pike & Lustig, LLP, our West Palm Beach trucking accident attorney has the expertise that you can trust. If you or your loved one was hurt in a commercial truck crash, we are here to help. Contact us today for a free case review. From our West Palm Beach office, our firm represents truck accident victims in Palm Beach County throughout all of South Florida.
Source:
flhsmv.gov/insurance/
