If I Receive A Ticket, Does That Mean The Accident Is Automatically My Fault Or That I Cannot File A Claim?
In this article, you will discover:
- Whether getting a ticket will affect your recovery chances
- What personal injury protection covers in Florida
You certainly can always file a claim, unless the police officer who issued the ticket personally observed the crash. The ticket is inadmissible, because the police officers can only testify to what he personally observed and saw. However, any admissions that you make to police officers can be used against you in a civil case. They do not have to give you any type of Miranda warnings. It becomes a party opponent admission under the evidence code and can be used against you.
Even if you do get a ticket, Florida is a comparative fault state. This means that you still might recover even if you are 99.99% at fault. The amount of your recovery is discounted by the amount of fault. If you are 10% at fault in an accident, that means you can still collect 90% of damages.
What Can I Expect My Personal Injury Protection To Cover In Florida?
In Florida, all Florida drivers must carry Personal Injury Protection (PIP) insurance. Florida is a no-fault state, which means that everyone looks to their own insurance company to pay for the first $10,000 of their medical expenses in a crash. In most cases, PIP pays 80% of the medical expenses up to $10,000. The medical expenses include all reasonable, necessary, and related medical costs, such as hospital treatment, diagnostic procedures, x-rays, MRIs, CAT scans, physical therapy, chiropractic treatment, injections, pain injections, steroid injections, any type of injections, surgeries, rehab services and certain reasonable related and necessary medical devices like clutches and back braces.
Under the PIP law, it is important to remember that you must seek medical treatment within 14 days of the crash in Florida to be entitled to the full $10,000 of the PIP benefits under the policy. Otherwise, if you wait longer than 14 days, your benefits will be significantly reduced to $2,500.