Florida operates under a no-fault auto insurance system, meaning that if you sustain injuries in an automobile accident, you are required to file a claim with your own insurance company, regardless of who was at fault for the accident. However, when a fatal accident occurs, the situation becomes more complex, particularly concerning the eligibility and process for receiving death benefits for the deceased’s family. In wrongful death suits, the no-fault rule doesn’t always apply.
In such cases, specific criteria must be met to ensure that the family of the deceased receives the death benefits to which they are entitled from either their deceased family member’s insurance or the negligent party’s insurance company. These criteria typically involve proving that the accident directly resulted in the death, proving who was at-fault, and providing necessary documentation, such as a death certificate, to support the claim for benefits.
Understanding these parameters and navigating the process can be challenging, especially during such a difficult and emotional time. Seeking guidance from legal professionals who specialize in handling auto accident cases and insurance claims can help ensure that your family’s rights are protected and that you receive the benefits and support you deserve.
Here at Anthony-Smith Law we are advocating for victims. When you need help navigating the complexities of a wrongful death claim, we are here. Call 321-900-HELP (321-900-4357).
Everything You Need to Know About No-Fault Wrongful Death Claims
If a car accident is fatal and the deceased party was not at-fault, both the deceased party’s insurance and the at-fault party’s insurance can be sued to pay wrongful death claims. These claims may reimburse for funeral expenses, payment of medical bills, other expenses related to the death, payment for lost support, lost net accumulations for the victim’s estate, and emotional pain and suffering for those who qualify (child, spouse, or parent in most cases). If the damages exceed the victim’s policy limits, the at-fault driver is responsible to pay. This is especially true if the victim was a passenger in the vehicle; in that case, the insurance coverage on the vehicle will cover the passenger and if their driver was not at-fault, the insurance of the negligent driver may be tapped as well.
If the deceased owned their vehicle and carried PIP (personal injury protection) insurance, their insurance company pays this benefit unless losses exceed the benefit. If the deceased did not have PIP coverage and they were at-fault, there may be some difficulty making wrongful death claims. No matter the situation, the best thing bereaved families can do is contact an attorney to handle insurance claims because insurance companies will not be forthcoming about benefits available to injured parties. Many cases have been won for injured and deceased at-fault drivers not carrying PIP.
If you’re at-fault in an accident and die in Florida, here are some things to consider:
- Your insurance policy may cover some or all your damages, but your surviving family will need to make the claim. Their best shot at a maximum payout is to work with a qualified personal injury attorney.
- Your surviving family may be able to make a claim against your state, as the Florida Wrongful Death Act allows for this.
- If your estate has an executor or administrator, they may be responsible for settling any claims or lawsuits.
- If you have outstanding insurance claims or legal judgements, your estate’s assets may be used to settle these debts.
The no-fault death benefit in Florida is $5,000 to cover funeral expenses and related bills. It’s available to passengers, cyclists, and pedestrians (not just drivers). It’s hardly enough to cover the full scope of losing a loved one and doesn’t begin to cover the lifetime of emotional loss surviving family members experience. This is why it’s necessary to make additional claims.
Important Facts to Know About Florida’s No-Fault System
The following are facts victims, and their families should be aware of.
- Regardless of fault, in Florida, victims must rely on their own insurance to pay the first $10,000 in damages. Of course, wrongful death almost always exceeds $10,000 in costs. That amount barely covers funeral expenses and doesn’t begin to cover the lost wages or emotional damage. That is why the other party’s insurance may be sued for additional costs and damages.
- Florida Statute 627.737 outlines the “serious injury” threshold which allows surviving parties to recover non-economic damages, such as pain and suffering.
- Medical providers usually provide the evidence needed to prove serious injury.
- PIP only pays up to 80 percent of medical bills, which could leave bereaved families still owing medical providers. This is another reason why it’s best to work with an attorney. Attorneys will negotiate down medical bills, ensuring that the estate of deceased loved ones are beholden to medical debts.
- If PIP is exhausted, claims can only be made against other drivers if they were at-fault. An attorney will pour over evidence to determine who was at fault to ensure bereaved family members receive the maximum benefits allowable.
- It is possible to file a claim with an at-fault driver’s insurance regardless of if PIP benefits are exhausted on the victim’s own insurance. This is especially true in wrongful death claims where it can reasonably be assumed PIP will be exhausted.
- Surviving family members are entitled to also make claims for the victim’s vehicle damages. If the victim was at-fault, then a claim would be made to their vehicle’s insurance. If they were not at-fault, the damage claim is not subject to the no-fault system and the negligent party’s insurance will be liable for the property damage.
How to Collect Compensation When a Claim Exceeds Policy Limits
Wrongful death claims are made because the loss of a loved one is heartbreaking, emotionally traumatizing, and expensive. However old the victim is, they have lost their lives and their ability to provide their families with emotional and financial support. The court considers these costs; however, insurance policies don’t always have the limits to fully compensate for them.
If the at-fault victim’s insurance is completely exhausted, there are other courses of action. The bereaved family could turn toward uninsured motorist (UM) and underinsured motorist coverage (UIM) if the victim carried these optional coverages. If the victim was not at-fault, the surviving family can still look toward these optional coverages, as well as they can make claims on the negligent party’s insurance.
It’s always best to have an attorney help make a UM/UIM claim. Insurance companies may try to undermine your damages to avoid providing the maximum appropriate payout.
In Summary,
Seeking death benefits after a fatal auto accident in Orlando, FL, is complex. Florida’s no-fault system applies to injury claims but not always in wrongful death cases. Specific criteria must be met, including proving the accident caused the death and fault. Legal guidance is crucial.
In wrongful death suits, both the deceased’s and at-fault party’s insurance can be sued. Benefits may cover funeral expenses, medical bills, lost support, and emotional suffering. Understanding Florida’s no-fault system is important, as it requires victims to rely on their insurance for the first $10,000 in damages, which may be insufficient in wrongful death cases.
In cases exceeding policy limits, uninsured and underinsured motorist coverage may help. Seeking legal assistance is advised to avoid minimized payouts. An attorney familiar with wrongful death claims can help maximize benefits and support for the deceased’s family.
