Got injured in a car accident? If SB 54 becomes law, it could have an effect on your compensation. Here’s how.
Since 1972, Florida has been a no-fault auto insurance state, but that may be about to change. Both the state House and Senate have passed a bill that would end the current system, which the only obstacle in its way to becoming law is a signature from Gov. Ron Desantis.
What does the bill contain? How might a new law affect drivers who got injured in a car accident? Here’s what you need to know.
What are the details of the bill being considered?
The new law would repeal Florida’s no-fault personal injury protection (PIP) system and instead move to an at-fault system with mandatory bodily injury (BI) coverage. Here are some of the details the new law would include:
- A minimum liability requirement of $25,000 for injury or death of one person, $50,000 for injury or death of two or more people.
- A minimum of $10,000 for property damage.
- Removing the limitations on pain and suffering damages.
What does this mean for drivers hurt in an accident?
What could happen if I got injured in a car accident under such a law?
It is not clear what will change for motorists injured under the new law, but one of the original objections to the bill was that it would make it more difficult to recover with a bad faith lawsuit against an insurance company.
When an insurance company does not act with the best interests of one of their policyholders, they are said to be acting in bad faith. As of now, policyholders can file a lawsuit against their insurance to argue against a denied or underpaid claim.
What will happen in your specific case if you are hurt in an accident depends on the circumstances of the accident. Regardless of changes to bad faith lawsuits, switching from a no-fault to an at-fault system will mean that how you file a claim with change. Instead of filing with your own car insurance, you would need to file with the insurance provider of the other driver. Likewise, your insurance policy would need to cover the other driver’s injuries, if you are deemed the at-fault driver. If both parties are deemed partially at fault, each insurance provider would pay a percentage of the associated costs.
Need to discuss your case? Talk to an experienced auto accident attorney today.
If you got injured in a car accident this year, you don’t have to worry about a new Florida law affecting how insurance pays your claim. However, you should still consult an attorney if you think your compensation is inadequate.
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