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What is a No Fault State?

Posted by Fred Koberlein, Jr. | Mar 19, 2016 | 0 Comments

No-fault

Many people are confused when they hear the term “no fault” in relation to a state's personal injury auto accident laws. Florida is one of twelve states that is considered a “no fault” state, but never listen if someone tells you this means you can't sue for damages in a car accident case. No fault, while a confusing term, is in relation to insurance coverage and how damages are approached. Here is an overview of what a no fault state is, how it works and why you are still entitled to compensation for your personal injuries.

No Fault State

There are twelve states in the U.S. that are designated as “no fault” insurance states. Other categories of insurance liability laws include choice no-fault, tort liability and add-on insurance. Each has its own subtle differences in how damages from auto accidents are covered. Florida is considered a no fault state.

What Is No Fault Insurance?

Put simply, no-fault insurance is a concept put in place to help lower the costs of insurance premiums and keep small claims out of court. In a no-fault situation, each insurance company handles the claim of its own policy holder for minor damages and injures regardless of who was at fault in the accident. It does not mean that nobody was actually at fault, but simply that when it comes to minor damages, fault isn't taken into account.

The Threshold

In a no-fault insurance scenario, there is a restricted right to sue based on a monetary or verbal threshold of what defines “serious” damage. Everyone is entitled to personal injury protection if you are in an accident resulting in serious damage that is permanent and significant, meaning that the damage is disfiguring or results in the loss of important body functions.

This means that if your accident results in you being hospitalized for a period of time, or you have to undergo rehabilitation for injuries sustained, or even that you are unable to function for a period of time as you did before the accident, you may be entitled to compensation for your injury.

Minimum Insurance

Every driver in Florida is required to carry minimum insurance levels to ensure that everyone is protected in case of an accident. These minimum levels are $10,000 in personal injury protection and a like amount in property damage liability. The idea behind this is that if you are found to be liable for damage to another through an accident, this coverage should help to cover what you owe.

Personal Injury Attorneys

Since personal injury law is so complex and tricky, and it can be difficult to prove what constitutes a permanent or disfiguring injury, it is always best when you are involved in an auto accident to seek the services of a qualified and experienced personal injury attorney. These lawyers can protect your rights and make sure that you get the compensation you need to get back on your feet and take control of your life again. If you are in this situation, we are eager to hear your story. Give us a call today for a no-charge, no-obligation consultation about your case.  Or, email us your questions or thoughts.

About the Author

Fred Koberlein, Jr.

Fred Koberlein is a trial attorney who opened Koberlein Law Offices after acquiring extensive legal experience in three legal practice areas, which are: personal injury law; criminal defense; and local government matters which require you to appear or present your matter before your local government Boards, government Councils, and government Agencies. Mr. Koberlein began trial preparation through an externship as a legal clerk with the Judges of the Third Judicial Circuit for Florida prior to his graduation from the University of Florida, College of Law.  After law school Mr. Koberlein was dedicated to becoming a trial attorney and worked with the Public Defender's Office from 2004 to 2007, where he was promoted to handling felony cases within eight months of hire.  Mr.  Koberlein has handled over 1500 criminal cases ranging from possession of cannabis, DUI, serious felonies, white-collar crimes, violations of probation hearings, and countless motion hearings. Mr.  Koberlein began practicing in the areas of personal injury and insurance defense during 2006.  Mr. Koberlein's experience in prosecuting personal injury claims against those insurance companies he was not representing and defending other insurance companies and their customers provided a unique experience where he was able to learn what each side anticipates from the opposing party.Next, Mr. Koberlein was hired by a City to defend the City's interests and three additional Cities quickly followed and retained Mr. Koberlein to protect their interests.  Currently, Mr. Koberlein represents a total of four (4) municipalities in the North Florida area.  As Mr. Koberlein focused on civil litigation he remained passionate about representing individuals charged with misdemeanor and felony crimes as well as civil litigation issues. Mr.  Koberlein has the experience and reputation to negotiate a favorable resolution in your matter, and if that is not possible, to provide the best, most zealous trial representation available.  Utilizing competent and trusted investigators and experts, your case will be prepared so that the best result will be achieved.  If you or a loved one is hurt, damaged, or is facing criminal charges, you want a qualified, hard-working attorney who will explain your options to you in a straightforward, commonsense, and honest manner. Education and Practice Experience: University of Florida; Gainesville, Florida; Bachelor of Science, 1997 University of South Florida; Tampa, Florida; 1998 University of Florida, College of Law; Gainesville, Florida; 2003 Bar and Court Admissions: Florida Bar, 2004 – Present All 67 Counties in Florida All 20 Circuits in Florida U.S. District Court, Middle District of Florida U.S. District Court, Northern District of Florida Professional and Civic Activities: Florida Bar Trial Lawyers, 2007 – Present Florida Bar Business Law Section, 2007 – Present Florida Bar Criminal Law Section, 2004 – Present Florida Association of Criminal Defense Lawyers, 2004 – Present Third Judicial Bar Association, 2004 – Present Mr.  Koberlein is committed to his clients and devotes himself to protecting their interests from the beginning to the end of their case.  Mr. Koberlein has spent his career helping clients defend themselves against criminal charges, fight insurance companies, and proceed through the bureaucratic process of local governments.  Mr. Koberlein welcomes the opportunity to meet with you and evaluate your legal needs and provide you with an experienced and competent analysis.

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