Steven A. Bagen | April 3, 2025 | Car Accidents

A no-fault car accident claim is one you file with your own insurance company (or the company that insures the driver whose vehicle you suffered an injury in). This type of claim is unique to no-fault insurance states (such as Florida), and it’s generally mandatory that you file a claim with your insurance company after a collision.

Your insurance company will be responsible for medical costs, lost income, and possibly other losses from the accident. It is true even if you caused the accident. If your insurer does not cover the full cost of your accident-related losses, a car accident attorney will explain other ways to pursue the compensation you deserve.

 

In No-Fault States Like Florida, You File an Insurance Claim with Your Own Insurer

While not every state is, Florida is a no-fault insurance state. It means that each motorist in Florida must purchase:

  • Personal injury protection (PIP) coverage
  • Property damages liability (PDL) coverage

When you file a claim with your insurance company, you seek access to your PIP coverage. This type of coverage should compensate you for 80 percent of “all necessary and reasonable medical expenses” up to your policy’s coverage limits. The minimum coverage limit for PIP insurance is $10,000, but your policy may have a higher limit.

If any passengers in your vehicle suffered an injury during a collision, PIP coverage may also cover them.

No-Fault Insurance System Has Benefits (But It Does Not Guarantee Fair Payment)

Florida and certain other states use a no-fault system for a few reasons, and it can benefit you as the policyholder. Some of the primary benefits of this no-fault insurance framework are:

  • Everyone’s insurance provider sharing the load: When every motorist is required to have coverage that kicks in whenever an accident happens, the share of financial responsibility is distributed more evenly across all parties. 
  • You are covered even if you’re at fault for an accident: The term “no-fault insurance” is fitting because you are entitled to PIP coverage even if you are at fault for the accident. Mistakes happen, and knowing you are entitled to compensation is comforting, even if your mistake led to a collision.
  • Built-in protection from uninsured and underinsured motorists: Florida has one of the greatest rates of uninsured motorists, which is one reason why motorists in the state pay comparatively high insurance premiums. Because your insurance company will be obligated to pay for at least some of your accident-related losses, you will not be as vulnerable if the at-fault driver proves to be uninsured.

You might also have uninsured and underinsured motorist (UM/UIM) coverage you can access through your insurance provider. Your attorney will evaluate all available insurance coverage and advise you on how you might receive compensation for your losses.

You May Also Deserve Compensation from the At-Fault Driver’s Insurance Provider

The financial value of your accident-related losses may be greater than the limit on your PIP insurance coverage. In such a case, it’s important to consider:

  • Whether another motorist was at fault for the collision
  • Whether the at-fault driver is insured (if they are, your insurance company or attorney may seek compensation for the losses that your own insurance provider doesn’t cover)

If you are entitled to compensation through an at-fault driver’s insurance, your lawyer will lead all negotiations with the pliable insurer.

More Liable Insurance Companies Can Make Your Case More Challenging

Any insurance company can act in bad faith. It includes your insurer, which may owe you compensation due to your PIP coverage (and any other coverages that apply to your collision. The more insurance companies you are dealing with, the greater the potential for:

  • The denial of a no-fault claim: Even no-fault claims can be denied. Your insurer may allege there were errors in the claim, cite exemptions within the policy, say your coverage lapsed, or give other reasons for a denial. Your attorney will immediately appeal any denial you face.
  • The denial of a third-party claim: Third-party insurers may even be more likely to deny your claim. One potential reason to deny the claim is a dispute about who is at fault—if the insurer says you were at fault, they will not be willing to cover your losses.
  • Lowball settlement offers: Even if one or more insurance companies agree to pay you, they may not agree to pay all the compensation you deserve. Attorneys are experienced negotiators. If you receive any offers that are less than acceptable, your attorney will fight for a fairer settlement.
  • Other bad-faith tactics: Insurance companies have a variety of tactics they can use against claimants. Car accident attorneys are familiar with these tactics, which is why you should rely on a lawyer to handle your claim.

It’s simply a numbers game. If you are seeking compensation from multiple insurance companies, that is more insurance companies may handle your claim in bad faith.

Your attorney will be prepared for insurance companies to make your claim challenging. Your legal team will stand up for you.

Hiring a Lawyer Makes Sense in Both No-Fault States and At-Fault States

Whether you plan to file a no-fault claim, a third-party claim, or both, you should have an attorney represent you. Some of the most common reasons to retain a car accident lawyer are:

Lawyers’ Familiarity with State Law 

State law is always a consideration after car accidents. For instance, you may only be able to sue an at-fault motorist if your injuries meet the serious injury threshold. State law can also establish deadlines for car accident lawsuits.

Your lawyer’s nuanced understanding of relevant state laws will be helpful throughout your case—you can bet on it.

Attorneys’ History with Insurers

Insurance claims are essential to everything car accident lawyers do. Trust that your lawyer will:

  • Easily read and interpret insurance policies, which can be dense and difficult for non-lawyers to understand
  • Identify which insurers owe you money and how much money each insurer owes
  • Be able to respond effectively to any bad-faith tactics from insurance companies
  • Deal sternly and aggressively with any insurers who refuse to pay you fairly

A lawyer’s experience with insurers and insurance claims is undeniably valuable in the wake of a car accident.

The Time an Attorney Has (to Lead Your Case Right Now)

Time is one resource that car accident victims have little of. You may be overwhelmed with doctors’ appointments, dealing with vehicle repairs, and the countless demands that life throws your way. That will leave little time for insurance claims—especially difficult ones.

Your lawyer has the time necessary to lead your claim effectively. They will even have time for a lawsuit if you elect to file one. Let an attorney handle your case the way it should be handled.

The Many Resources Car Accident Lawyers Offer

Lawyers come with resources, which can include:

  • Significant financial resources
  • Paralegals
  • Crash experts
  • Medical experts
  • Mental health professionals
  • Accident investigators

The more resources available to build your case, the stronger your case should be. These and other resources come at no added cost beyond your lawyer’s contingency fee agreement.

Can I Sue Liable Parties After a Car Accident?

Florida law (and laws in certain other states) places limits on who can sue after a car accident. There is a serious injury threshold that plaintiffs must meet if they are to sue successfully, and that threshold can include:

  • Significant, permanent loss of certain bodily functions
  • Permanent injury
  • Significant scarring or another type of disfigurement
  • The death of an accident victim

Never assume that you’re ineligible to file a lawsuit. Instead, allow a knowledgeable, experienced attorney to review your circumstances. They will explain:

  • Whether you may be eligible to file a car accident lawsuit
  • Whether filing a lawsuit makes sense based on the nature of your injuries, the cost of your damages, and the insurance options available
  • Any other options you have aside from filing a lawsuit

One benefit of hiring an attorney is their ability to lead insurance claims and lawsuits with equal effectiveness. They will be capable of executing whichever strategy you and your lawyer identify as best.

How Does a Car Accident Lawyer Build an Effective Claim?

Whether they are pursuing a no-fault or third-party claim, your attorney will be determined to secure fair compensation for you. They may achieve this goal by:

Removing Any Doubt About Who Caused the Crash

If another motorist caused your accident, you may deserve compensation from their insurance provider. Only that insurance provider may claim you caused the crash. Your attorney may remove any doubt about who caused the collision by:

  • Getting witness accounts that support your claim
  • Securing video footage, photographs, and other evidence supporting your claim
  • Having expert witnesses explain who is at fault for the crash (and why)

The weight of the evidence and testimony from credible experts may show that you did not cause the crash. Once doubt is removed, you should have clear grounds to demand compensation from the at-fault party’s insurance provider.

Proving Your Losses

Your lawyer will document each of your covered losses. Images of your injuries, records detailing your injuries and treatments, receipts for vehicle repairs, bank statements showing lost income, and mental health professionals’ evaluations of your pain and suffering may be helpful.

Justifying Their Case Value

Insurance companies may challenge your lawyer’s financial demands. Your lawyer may justify those demands by:

  • Providing proof of all your economic damages (such as medical bills, receipts for vehicle repairs, and bank statements)
  • Explaining how they calculated your non-economic damages, including pain and suffering
  • Answering any questions insurance companies have about your case value
  • Explaining, if necessary, why insurance companies’ calculations are inaccurate

Attorneys rely on experts, especially when insurers challenge the value of a claim. Economists, automotive repair experts, and medical experts can help justify your attorney’s calculation of your case value.

Countering Any Arguments Against Your Claim

If insurance companies challenge your claim in any way, your lawyer will not back down from those arguments. They will address them head-on.

An attorney is not afraid of a healthy debate or contentious argument. Let them be your advocate with every insurance company that owes you money.

Negotiating Aggressively

Car accident attorneys typically try to secure a fair settlement before resorting to a lawsuit. Of course, they know that fair settlements don’t typically come easy. Your lawyer will present evidence of fault and documentation of your damages as they seek fair settlements from all liable insurance companies.

Of course, a car accident attorney can also:

  • File a lawsuit
  • Convince liable parties to settle after filing a lawsuit
  • Seek the money you deserve by going to trial (and convince a judge or jury to award you fair compensation)

Attorneys can take a few different paths to a fair settlement or verdict. Don’t worry about how your lawyer gets the job done—trust they will.

Losses Your Attorney May Include in Your No-Fault Claim (or a Third-Party Claim)

Your accident-related losses will be the most critical aspect of your case. Your lawyer will become familiar with these losses, determine the exact financial cost, and demand that insurance companies (or other liable parties) cover your losses.

Those losses may include:

  • Pain and suffering, which can include physical pain and discomfort, emotional anguish, psychological distress, lost quality of life, and other types of non-economic harm
  • Medical costs
  • Lost income, diminished earning capacity, and other professional losses
  • Vehicle repair costs (or the cost of replacing your vehicle if it’s totaled)

Every car accident survivor faces their challenges. Your attorney will learn about yours to effectively pursue the money you deserve.

Your Lawyer Will Get Their Fee Only If They Succeed for You

Car accident lawyers typically work for contingency fees. It means your lawyer will only receive a fee if they secure compensation for you. Thanks to this arrangement, you can hire an attorney today at no out-of-pocket cost.

A Car Accident Attorney Is Standing By

Do not wait to find the right law firm to handle your no-fault insurance claim and any other actions you take after the collision.