Do You Pay Excess If You Are Not Fault in a Car Accident in Florida?
Florida’s laws on car accidents are complex. This is especially true when it comes to determining if and who will pay for damages, or if there will be any additional costs, even though you were not at fault. If you are involved in an accident that was not your fault, you may be wondering if you have to pay a “deductible” or “excess”. What you need to understand
1. Florida’s No-Fault Insurance System
Florida has a no-fault system of insurance, which means that each driver must carry Personal Injury Protection Insurance (PIP). This coverage covers medical expenses for you and any passengers in your vehicle, regardless of fault. This system will usually not require you to pay for your medical bills after an accident.
2. Property Damage Liability
If you were not at fault and the other driver was found to be at fault, the damage to your car and property should be covered by their insurance. You should not be responsible for any deductibles from your insurance in such situations, since the insurance of the driver at fault is responsible for all damages.
3. What You May Have to Pay as a Deductible
There are some circumstances in which you will have to pay for a deductible. You may be required to pay a deductible if you use your insurance to repair your vehicle, even if it was not your fault. If you are rushing repairs and don’t want to wait for the other party’s insurer to process the claim, this is a common practice. You will be expected to pay the deductible if you choose to claim collision coverage.
4. You Can Recover Your Deductible
You may be able to recover the deductible from the insurance of the driver at fault if you pay it. Subrogation is the process whereby your insurance company seeks to recover money from the insurer of the driver at fault.
This post was written by Kelly-Ann Jenkins of Jenkins Law P.L. Kelly-Ann is a St Petersburg car accident lawyer. She focuses on personal injury, car accidents, and bicyclist injuries. The information on this site is not intended to and does not offer legal advice, legal recommendations, or legal representation on any matter. Hiring an attorney is an important decision, which should not be based on advertising. You need to consult an attorney for legal advice regarding your situation.
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