It is not uncommon for someone injured in a car accident to seek compensation from the party who caused the accident. While persons who cause car accidents carelessly may be held liable in a civil lawsuit, legislative exclusions may apply in some cases, preventing liability from being imposed. This was addressed in a recent Florida case, which determined that Florida’s No-Fault Threshold barred a plaintiff wounded in an automobile accident from receiving damages from the respondent. If you were injured in an automobile accident, you should consult with an experienced Florida car accident lawyer to see what damages you may be able to claim.
The Crash and the Ensuing Lawsuit
The plaintiff was allegedly driving his car when he was rear-ended by the defendant. The collision happened in Florida, but both individuals were from Georgia. In Florida, the plaintiff filed a civil case against the defendant, demanding damages for his injuries. The plaintiff filed a motion for summary judgment on a number of the defendant’s affirmative defenses. Most of the defendant’s defenses were dropped, but he challenged the plaintiff’s petition to apply Florida’s No-fault Threshold. As a result, the only question before the court was whether the defendant could pursue that defense.
The No-Fault Threshold in Florida
If a defendant has sufficient insurance or security at the time of an accident, the plaintiff must show a threshold injury set forth by the law to be able to recover certain non-economic damages, according to Florida Statutes 627.737, often known as the No-Fault Threshold. If an insurance coverage meets Florida’s statutory insurance standards, it will provide enough protection.
The No-Fault Threshold exemption is available to Floridians and non-residents who maintain the state’s minimal personal injury protection coverages. The plaintiff in this case, on the other hand, maintained that the defendant’s policy did not meet the statutory criteria, and so the defendant could not use the No-Fault Threshold.
The plaintiff’s assertions were challenged by the defendant, who pointed out that the policy included an out-of-state coverage extension. According to the court, this was a coverage provision that compelled the insurer to enhance the policy’s liability limits to the amounts needed by the law of the jurisdiction where the car was driven. It also obliged the insurer to offer the jurisdiction’s minimum types and quantities of coverage, including no-fault coverage.
The court determined that the defendant’s policy provided appropriate security under the No-Fault Threshold Exemption as a result of this coverage provision. It noted that when the car was driven in Florida, the policy’s broad language incorporated by reference the Florida minimum personal injury protection insurance requirements. As a result, the plaintiff’s request was denied by the court.
Consult with a Seasoned Florida Auto Accident Lawyer
While those wounded in car accidents have the right to sue the motorist who caused the accident, legislative exemptions may limit their ability to obtain damages in specific cases. If you were hurt in a collision, the seasoned Florida car accident lawyers of Lusk, Drasites & Tolisano, P.A. can advise you of your rights and help you to seek any damages available under the law. You can contact us via our online form or by calling us at 800-283-7442 to set up a meeting.