Can I Sue for More Than the Defendant’s Insurance Policy Limits in Florida?
In the State of Florida, you cannot seek more financial recovery with an insurance company than what the defendant’s policy limits state. Contractually speaking, insurance companies are only liable for paying out the limits within the defendant’s insurance policy.
However, you can sue the individual directly if the insurance policy limits fail to cover all of your injuries. This is an option you should discuss with an injury attorney.
To better understand how car insurance works, we’ll look at the process for purchasing insurance, insurance policy limits in Florida, the requirements for minimum insurance, and how you can sue someone for damages in addition to their insurance policy.
How Insurance Policy Limits in Florida Work
When you purchase car insurance, you select your insurance policy limits. These limits set the total amount that the insurance company will pay out for an accident.
Limits generally focus on two areas:
- Property damage
- Bodily injury
Of course, you can also choose a deductible, rental car option in case your car goes into the shop and more. But the biggest elements in your insurance plan are property damage and bodily injury limits. That’s because they set the amount of liability the insurance company assumes in case of an accident.
As you consider your insurance policy, you might want to talk to your insurance agent about increasing your limits to give you more coverage. That way, in case you face an accident where you’re determined to be mostly at fault, you won’t face a personal lawsuit that threatens your assets.
What Are Florida’s Insurance Requirements?
All drivers that register a car within Florida must show proof of insurance for personal injury protection (PIP) and property damage liability (PDL). The driver’s policy must include both of the following policy limits:
- A minimum of $10,000 in PIP
- A minimum of $10,000 in PDL
Drivers registering as taxi drivers must also carry bodily injury liability of $125,000 per person with a $250,000 per occurrence limit as well as $50,000 in PDL coverage.
Even if you aren’t driving your car for an extended period, you must maintain these Florida insurance policy minimum limits unless you surrender your license plates or tags.
Learn more about Florida’s insurance requirements from Florida Highway Safety and Motor Vehicles.
How Much Can Someone Sue for a Car Accident in Florida?
Anyone who has been injured in a car accident knows that $10,000 in injury protection isn’t much. That coverage won’t go very far if you’re facing serious or long-term injuries.
Because Florida is a no-fault state, you’ll need to file your injury bills with your own insurance company unless you have serious injuries that meet the requirements to file a personal injury lawsuit in Florida.
And your PIP coverage only supplies 80 percent of your medical bills and 60 percent of your lost wages. So even if you max out your policy limits, you could still experience serious financial impacts due to someone else’s negligence.
In these cases, you can sue the insurance company to get the maximum compensation based on the defendant’s insurance policy. Then, you can pursue remaining damages from the individual.
- Medical bills
- Lost income (missed work, vacation time, demotions, missed promotions, etc.)
- Pain and suffering
Navigating the insurance claim process is complicated and no insurance company will talk to you about your rights to seek additional compensation through a lawsuit.
Connect with Us to Learn More
A Florida car accident attorney will review the details related to your accident and your associated bills. Based on the accident details and policy limits, your attorney will make recommendations on the best next steps for you.
Goldman & Daszkal law firm offers a free consultation to review your car accident details and insurance policy information. Schedule your consultation now to begin the process of financial recovery after a car accident.