How Does Florida No-Fault Laws Apply to Motor Scooter Accidents?

In the State of Florida, there are laws that are designated as "No-Fault" laws. These laws are particularly confusing because many people believe that the "No-Fault" laws mean that a person cannot be held liable or responsible for personal injuries / damages caused by an automobile accident or motor scooter accident. "No-Fault" laws merely designate the primary payment source for medical bills under certain automobile accidents and the type of injuries that entitle a person to non-economic damages in the form of pain, suffering, loss of enjoyment of life and mental anguish.

Before addressing each major part of Florida's "No-Fault" laws, let's make something clear - if a person suffers personal injuries as a result of the negligence of another person in an automobile accident or motor scooter accident, action in the form of an insurance claim or lawsuit can be taken on behalf of the injury victim. The "No-Fault" laws do not shield a negligent person from legal responsibility in the State of Florida.

Under certain situations, the medical bills of the injured person are covered under the injured person's automobile or motor scooter insurance. In the State of Florida, a motor scooter owner is not required to carry any form of insurance if the motor scooter's engine has an output of 50 cc or less. Most motor scooters on the road in the State of Florida fall under this category. As such, insurance is optional. For those who carry insurance, a policy can be purchased to include medical payment insurance coverage. If medical payment insurance is purchased, this insurance would most likely be the primary source of payment ahead of the at-fault party's insurance coverage and ahead of the injury victim's health insurance. It should also be noted that the at-fault party's medical payment coverage and PIP (Personal Injury Protection) coverage will not pay for the medical bills of the motor scooter injury victim. There may be coverage for medical bills under the bodily injury coverage for the at-fault party; however, it should be noted that medical bills payable under the bodily injury coverage will not typically be paid out on a piece meal basis. In other words, the bodily injury insurance coverage will pay out just one time in the form of a one-time settlement.

The other part to Florida's "No Fault" laws involves the type of injury required to be entitled to compensation for non-economic damages. Under Florida law, an injury victim must sustain an injury that is permanent in nature which can include scarring to be able to recover damages related to pain, suffering, loss of enjoyment of life, and mental anguish. In many cases, the non-economic damages are more substantial than the economic damages which consists of medical bills (past and present, wage loss (past and present), loss of earning capacity, training / educational / vocational expenses, and other related damages.

Again, it is important to know what the term "No-Fault" means in the State of Florida. Because of the confusion and specifics of Florida law, it is best if a motor scooter injury victim seeks out advice, guidance, and legal representation from an experienced Florida Motor Scooter Injury Attorney. For over 30 years, David Wolf has been representing injury victims in a wide variety of cases including those related to motor scooter, motorcycle, and bicycle accidents. Attorney David Wolf provides a Free Consultation on all injury cases and is available days, nights, weekends, and holidays for his clients and prospective clients. Contact David Wolf right now at (904) 500-WOLF or (904 500-9653 or by e-mail at dwolf@davidalanwolf.com