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Insurance coverage affects compensation for truck accidents by primarily limiting the amount you can receive. Different types of insurance coverage also affect what kinds of compensation you can recover for injuries from a truck accident.
Insurance claims for commercial truck accidents are significantly more complex than those for typical auto accidents. A Fort Myers truck accident lawyer can assess your and the responsible party’s insurance policies to identify opportunities to recover financial compensation.
Florida Requires Drivers to Carry Personal Injury Protection (PIP) Coverage
Florida is a no-fault state for car accidents, meaning each driver must carry personal injury protection (PIP) coverage on their auto insurance policy. PIP coverage is meant to pay for your injuries after an accident, so it’s usually your first source of compensation after a truck accident.
PIP coverage pays for the following losses after a truck accident:
- 80% of reasonable medical expenses
- 60% of lost work income
- $5,000 death benefit
Drivers must carry at least $10,000 in PIP coverage, but they can elect to buy more. PIP coverage will pay for losses up to the policy limit, but it will not compensate you for pain, suffering, and other non-economic losses.
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Severe Injuries Let You Step Outside of the No-Fault System
PIP is no-fault, so claims are settled faster as there is no need to prove wrongdoing. The downside is that PIP coverage is limited and often insufficient to cover the extraordinary losses associated with commercial vehicle accidents.
However, according to Florida Statutes 627.737, you can step outside of the no-fault system and sue the truck driver if your injuries involve:
- Significant and permanent loss of bodily function
- Permanent injury
- Significant scarring and disfigurement
- Death
The main difference with filing a fault claim is that you can recover a greater amount of compensation than PIP coverage alone allows. Also, a traditional fault claim lets you seek damages for non-economic losses, such as pain, suffering, emotional distress, and mental anguish.
Other Insurance Coverage Factors That May Affect Compensation After a Truck Accident
Below are some additional factors that impact how insurance coverage affects compensation for truck accidents:
- Higher limits on commercial policies: Commercial truck policies usually have significantly higher limits than those on policies for personal vehicles, so settlements can potentially be larger. For example, the typical commercial truck liability policy has a $1 million limit.
- Multiple insurance policies: Truck accidents can involve claims with multiple insurance policies, such as PIP, commercial liability, accident insurance, and underinsured motorist coverage.
- Vicarious liability: If the truck driver is an employee, then the trucking company could be held liable for the accident according to the legal doctrine of respondeat superior.
Click To ContactWhat if the Truck Driver Doesn’t Have Insurance?
Commercial vehicles have strict insurance coverage requirements, so it’s most likely that the driver or their employer will have some sort of insurance coverage. In the unlikely event that an uninsured truck driver strikes you, your main option would be to file a claim through your uninsured motorist (UM) policy.
UM coverage pays for damages if the liable party doesn’t have insurance. UM insurance isn’t mandatory in Florida, but auto insurers must offer it when selling policies to consumers. Even though it’s not required, it’s highly recommended that you carry UM coverage, as a significant number of Florida drivers drive uninsured.
Can I Use My Health Insurance After a Truck Accident in Florida?
You can use your health insurance to pay for injuries after a truck accident, but you typically must first exhaust your PIP coverage. PIP coverage is mandatory and will pay up to 80% of medical costs after a traffic accident. You can then use your health insurance if you exceed PIP limits and still have outstanding medical bills.
Note, however, that your health insurance policy might have a subrogation clause that gives the provider the right to claim part of any accident settlement you receive. Your insurance provider may invoke subrogation to compensate them for expenses they incurred paying for your injuries.
How an Attorney Can Help With Insurance After a Truck Accident
Navigating insurance matters after a truck accident is incredibly difficult when you are dealing with the pain and fallout of a severe injury. A Fort Myers personal injury lawyer can manage the entirety of your insurance claim from start to finish.
More specifically, an attorney can:
- Analyze insurance policies to identify applicable coverage limits and exclusions
- Investigate the accident and gather evidence to prove fault and liability
- Track/record your expenses and injury-related losses
- Negotiate settlement offers with insurers
- Pursue formal litigation if necessary to recover your losses
Contact a Truck Accident Lawyer Today
Do you have further questions on how insurance coverage affects compensation for truck accidents? If so, contact Viles & Beckman today to schedule a free consultation with a truck accident lawyer in Fort Myers.
