CarInsurance.com Car Insurance Tips
> ZIP code:  Click & Quote
Prefer to talk to an agent? Call 1-800-964-4849
CarInsurance.com Navigation
  About Car Insurance About Us
  Car Insurance Site Map Site Map

Get Free Quotes Now

Zip Code:
Save With CarInsurance.com!
Car Insurance Learning Center  Learning Center  Auto Insurance Questions & Answers   Questions & Answers  Professional Answers   Professional Answer
I was in a auto accident with a 18 wheeler in Miami last year. I have had injuries that have caused me much grief and pain with the new insurance laws in Florida will I be able to receive pain and suffering.

No, the fact that PIP has sunset as of October 1, 2007 (but now will resume as of January 1, 2008) would not affect your prior accident or how you can collect for injuries you sustained.

An accident that took place while the no-fault laws were in place would be dealt with under the no-fault (PIP) insurance laws not the any new Florida laws or the lack of the requirement for PIP for 3 months in 2007.

Under the no-fault system Florida drivers give up their right to sue for all but the most serious personal injuries sustained in a car accident. If your accident results in death or some form of permanent injury, such as scarring or permanent physical impairment (paralysis, severed ligaments, etc.), Florida’s no-fault law would allow you or your legal representative to sue the at-fault party to recover damages above and beyond your PIP coverage. These damages could include pain and suffering (past and future), lost wages, lost wage-earning capacity, future medical expenses, etc. In such a lawsuit normally a jury would determine how much to award in damages.

You can read about the limitation the FL no-fault law has on pain and suffering, mental anguish, etc by reading section 627.730 of the Florida Statutes.

If the accident had occurred during October, November or December of 2007 when PIP is not required between the end of the no-fault law and the resuming of it at the beginning of 2008, then there is the possibility that you could go after the at fault party for pain and suffering. Without the no-fault law a person may be able to take the at fault person to court for pain and suffering and other non-economic damages.

There are different scenarios that can play out after an accident with injuries during the time that no-fault is not required. Who pays medical bills, etc depends on the auto insurance coverages each driver involved in an accident have at the time of the incident. The insurance regulator for Florida has various charts and facts on this situation listed on the FLDFS website.

You mentioned the injuries that you sustained from the wreck with the truck have caused you much grief and pain. If they are considered permanent injuries by medical professional then you could still see about placing a lawsuit for pain and suffering against the at-fault driver.

Share this on: Tweet this! Add to Facebook Add Google Bookmark Digg This Windows Live Favorites Add to Del.icio.us reddit this!
StumbleUpon Save to Ma.gnolia Save to Blinklist Technorati This Submit to Propeller Furl It Seed Newsvine
Related Questions
Car Insurance RelatedIn Florida, if I have separate medical insurance for myself and my family, "Medical Payments" auto coverage, and a high auto "Liability" coverage, what good would "uninsured m...
Car Insurance RelatedI rear ended someone who slammed on their brakes in front of me and I could not stop in time. Does my insurance have to pay for his damage repairs? Does his insurance company have to be notified als...
Car Insurance RelatedIf you get into a car crash in Florida, I heard that the person whom was at fault does not need to pay for your damages, is this true?
Car Insurance RelatedWhat is going to happen with Florida PIP? I keep hearing news stories about it, but what does it all mean? What if Florida's no-fault law expires?
Car Insurance RelatedCan you please explain why Uninsured Motorist insurance is necessary? Aren't I covered by my auto insurance no matter who I may get involved in an accident with?
Car Insurance RelatedWhat coverage should I have now that PIP is expected to be gone in Florida?
Car Insurance RelatedMy insurance agent explained to me that Florida law had changed to allow a person you were involved in an accident with to sue you for your home and all financial assets if you didn't carry enough au...
Car Insurance RelatedIf I am a victim of a carjacking/assault am I entitle to PIP for mental/medical claim?
Car Insurance RelatedI was involved in a accident that I caused 10/31/07. The PIP law had sunset in Florida so I had only property damage insurance, and there was a bodily injury involved do I have to have SR-22? Did th...
Tell us what you think about this answer.
What did you think of this question and answer?

poor 
1
2
3
4
5
6
7
8
9
10

 excellent
Tell us why you rated this car insurance question and answer this way:
Visitor Comments
No visitors have commented on this answer.
Question Details
This car insurance question was asked on 10/10/2007
This auto insurance answer was last updated on 10/13/2007
Chris R requested this car insurance solution.
Rated 0 out of 10 based on 0 votes.
Claims
Print Car Insurance Answers Print this car insurance question and answer
Email Car Insurance Answers Email this auto insurance answer
Disclaimer: Answers and comments provided are for information purposes. They are not intended to substitute informed professional advice. These responses should not be interpreted as a recommendation to buy or sell any insurance product, or to provide financial or legal advice. Please refer to your insurance policy for specific coverage and exclusion information. Please read our Terms Of Use.
©2009 CarInsurance.com, Inc. - Online Insurance Marketplace™
safe and secure auto insurance   better business bureau car insurance   Tested, Safe, and Secure Car Insurance