Problems with Florida Auto No Fault  

The idea behind the Florida Auto Accident No Fault Law is a noble one.  It was thought when it was created in the 1970’s that the law would ensure that people injured in car and truck accidents would receive enough compensation for their medical bills and lost wages to get them back on their feet.  An auto accident lawyer would not be needed because proof of fault is not necessary.  Any losses the injured person would have because they did not receive 100% of medical and wage benefits would be more than outweighed by the savings to the injured person because they did not have to pay an attorney to help them.  In addition, the cost of insurance would go down because insurance companies would not have to pay pain and suffering damages.

Unfortunately the law has not lived up to its expectation.  Much of the problem stems from the limited amount of benefits available. The $10,000.00 limit originally set in the 1970’s has never been raised.   The result is that the medical care necessary to treat the injuries often exceeds the coverage available. Unrepresented car and truck accident victims that do not have health insurance go without care because they cannot afford the medical expenses above the $10,000.00 limit.  Even when the medical care is less than the coverage available, many cannot even afford the 20% of medical care not paid for by No Fault. A good car accident lawyer can often arrange for medical care to be provided immediately in exchange for payment out of a settlement or jury verdict sometime in the future.  The arrangement is called a letter of protection.

Additional problems stem from the fact that insurance companies make more money when they cut off benefits or deny coverage all together.  There are many insurance companies that are trying to do the right thing.  However, when you eliminate the oversight that can be provided by an auto accident attorney representing the interests of an injured truck or car accident victim, the incentive for an insurance company to take advantage of the situation can often be too enticing to overcome.  The result is that defense medical exams are sometimes used to cut off medical benefits that are legitimately requested. In addition, all benefits are sometimes wrongfully denied.  Simply put, an auto accident lawyer reduces the insurance company’s incentive to abuse the system and holds the insurance company accountable when abuses do occur.

An even more basic problem with the Florida Auto Accident No Fault Law is how it has been used to help condition the general public that pain and suffering damages are somehow wrong.  The Florida legislature’s efforts to make it difficult to get these damages, sends the message that they are not important.  The truth is just the opposite.  Our country was founded on the belief that every person has the right to life, liberty, and the pursuit of happiness.  These principles were so important to our founding fathers that they made them part of the United States Declaration of Independence from England.  Providing monetary compensation for what is commonly called pain and suffering damages is nothing more than an attempt to put a value on the loss of life, liberty, and the pursuit of happiness our founding fathers held is such high regard.