Hi, I just had my auto insurance recently under my parents’ policy here in Florida and honestly, I am not familiar with some things on it. I still don’t know why Florida is a no-fault insurance state, so would you care to explain that?

Jose

Coral Springs, FL

Since you have just been recently added as a new driver to your parents’ car insurance policy in Florida, it is perfectly understandable that you are not yet familiar with everything that is on it. Majority of the states have conventional fault-based system wherein the compensation will be according to the driver’s level of fault in an accident. But, some states view that it will be expensive to fight through the courts just to figure out who was at fault in a lot of accidents. For this reason, some states are using another system which is no-fault insurance.

If you get involved in an accident, your car insurance company will pay for the damages up to a certain limit, no matter whose fault it was under the no-fault system. In return for this definite compensation, you should give up some of your rights to take legal action against the other person involved in the accident. Similarly, you will not be taken to court by the other party in case you are the one who caused the accident. There are some aspects of no-fault in every car insurance policy. For instance, medical payments as well as property damage are normally being compensated whoever is to blame in the accident.

I’ve been a victim of drunk driving negligence here in Tallahassee, Florida. I’ve been told that in Florida, I can also demand compensation for damages to the establishment (some bar here in Tallahassee) who served alcohol to the accused, is this true?

Margus

Tallahassee, FL

You’re correct, this is also known as the “dram shop law.” Under Florida state drunk driving laws, a victim of drunk driving negligence can claim compensation from facility or establishment that have served the alcohol to the accused. This law applies generally those establishments who has obtained license to serve liquor and have been found guilty of serving a minor, someone already clearly intoxicated or with an alcohol addiction. The victim (Plaintiff) or the attorney representing the plaintiff must be able to provide clear evidence to the jury and has to meet certain qualifications for this law before they can go after the said facility.

It might be interesting to note that some state also have the same law in place. If you are placing a lawsuit against the said establishment in Tallahassee, Florida involved in your case, you need to be aware that some bars, restaurants and hotels might have extensive liquor liability insurance policies protecting them. It will be to your advantage to hire an experienced DUI attorney, preferably in Tallahassee as well, to handle this for you since they would already have a good idea of how to deal with these insurance companies. A good attorney should be able to tell you if your case is fit for court, file all appropriate complaints and pilot you through the lengthy and often-complicated trial itself.