After a car accident, it’s natural to feel overwhelmed, especially when you’re worried about your health, your finances, and how you’ll cover growing medical bills. While you may have handled the immediate aftermath of the crash, questions about who will ultimately pay for your injuries often linger. That’s where understanding Bodily Injury Liability (BIL) insurance becomes crucial.
Florida’s insurance system operates differently than many states. Thus, knowing how BIL coverage fits into your claim can significantly affect your ability to recover full compensation. A Florida car accident lawyer can help you throughout the process of recovering compensation, but this article serves as a primer about BIL.
What Is Bodily Injury Liability Insurance?
BIL insurance helps cover the medical expenses, lost income, and pain and suffering of other people when the policyholder is at fault for an accident. Unlike Personal Injury Protection (PIP), which covers your injuries regardless of fault, BIL applies when your actions injure someone else.
Florida law requires drivers to carry some insurance coverage. However, BIL coverage is not required for most drivers, although anyone convicted of certain offenses (e.g., a DUI) must have it. Many responsible drivers also purchase BIL coverage to protect themselves from potentially devastating lawsuits.
If you suffer injuries in a motor vehicle accident with a driver who carries BIL insurance, and your injuries meet Florida’s “serious injury threshold,” you can file a claim against their policy to seek additional compensation beyond what PIP covers. Understanding BIL is essential because severe injuries often lead to costs that quickly exceed Florida’s standard PIP benefits.
What Does Bodily Injury Liability Insurance Pay For?
When an at-fault driver carries BIL insurance, it compensates accident victims for various losses. BIL typically covers economic and non-economic losses that result from severe injuries.
Recoverable economic losses include:
- Medical expenses: Hospital care and stays, surgeries, physical therapy, follow-up visits with your primary care doctor, prescriptions, and future care needs.
- Lost wages: Income lost while you recover, plus loss of future earning capacity.
Noneconomic damages compensate for:
- Pain and suffering: Physical pain and emotional distress caused by the accident.
- Mental anguish: Anxiety, depression, post-traumatic stress disorder (PTSD), or reduced quality of life.
- Loss of consortium: If you cannot enjoy the same relationships with loved ones.
In tragic cases, BIL insurance can also help cover wrongful death claims, including funeral expenses and loss of financial support.
What if Your Bills Exceed the At-Fault Driver’s Bodily Injury Liability Coverage?
If your damages surpass the at-fault driver’s liability limits, you could:
- Pursue compensation through your uninsured driver/underinsured motorist (UM/UIM) coverage.
- Seek a judgment against the at-fault driver in a personal injury lawsuit.
- Explore whether third parties (e.g., employers or vehicle owners) share liability.
An attorney will thoroughly investigate the accident to determine all liable parties.
What if the At-Fault Driver Doesn’t Have BIL Insurance?
Because Florida does not require most drivers to carry BIL insurance, it’s possible the person who caused your accident has no coverage for your injuries. Unfortunately, this dilemma leaves many victims facing unexpected financial strain.
If the at-fault driver lacks BIL insurance, you have a few options:
- UM/UIM coverage: If you added UM/UIM coverage to your insurance policy, it can step in to cover your medical expenses, lost income, and pain and suffering.
- Suing the at-fault driver: You can file a lawsuit against the at-fault driver and may be able to recover a fair settlement. However, collecting a judgment could prove challenging if they have limited assets.
Given these risks, it’s critical to review your insurance coverage regularly and work with a Florida car accident attorney who can help you explore all avenues for recovery after a catastrophic crash.
Essential Florida Laws and Deadlines to Know
When pursuing a bodily injury claim in Florida, it’s critical to understand the laws and deadlines that could affect your case.
- Statute of limitations: After Florida’s 2023 tort reform, you now typically only have two years from the accident date to file a personal injury lawsuit. You must also file a wrongful death claim within two years.
- Modified comparative negligence rule: Florida now follows a modified comparative fault system. If a jury finds you more than 50% at fault, the statute bars you from recovering damages.
Missing critical deadlines or failing to understand your rights can severely limit your ability to recover the compensation you deserve.
Do You Need a Lawyer to Help With Your BIL Claim?
Although Florida does not require you to hire a lawyer to pursue a BIL claim, having legal counsel can make the process much easier. While insurance companies often work hard to delay, deny, or undervalue claims, your personal injury attorney can:
- Advocate with a well-supported case for full compensation, including future medical costs and pain and suffering.
- Negotiate with insurers who may pressure you to settle quickly for less than you deserve.
- Handle complex paperwork and deadlines, helping you avoid mistakes that could harm your case.
- Fight for you in court if the insurance adjuster refuses to offer a fair settlement.
Our personal injury lawyers work on a contingency fee basis, meaning you pay nothing upfront and only owe attorney’s fees if we recover compensation.
Contact a Florida Car Accident Lawyer Today
Understanding Bodily Injury Liability insurance is essential if you’ve suffered injuries in a Florida car accident. Between navigating our state’s no-fault rules, serious injury thresholds, and insurance limitations, recovering full compensation can quickly become overwhelming.
Working with a Florida car accident attorney from Ged Lawyers can help you protect your rights, negotiate with insurance companies, and pursue the compensation you need to heal and move forward. If someone negligently injured you in a collision, don’t leave your future to chance. Instead, get the legal support you deserve. Contact us for a free initial consultation today.
