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AN EXPLANATION OF THE
FLORIDA AUTOMOBILE REPARATIONS
REFORM ACT
Commonly Known as the
No-Fault Insurance Law
by
Russell Troutman
427 South New York Avenue
Winter Park, Florida
The Florida No-Fault Law constitutes such a change in automobile
liability insurance that it is incumbent upon every citizen to famili-
arize himself with its provisions.
Basically, under the law, companies will pay policyholders up
to $5,000.00 for each person for the following financial losses:
1. Reasonable medical expenses, including payment for
necessary remedial treatment. Also, services are
permitted for one who relies upon spiritual means
through prayer alone for healing in accordance with
his religious beliefs.
2. 100% of loss of income and loss of earning capacity
because of disability. If federal income tax is not
to be paid on the recovery, the amount is limited to 85%.
3. Up to $1,000.00 per person for funeral expenses.
The total benefits payable under the personal injury protection
feature of the Florida No-Fault Law is $5,000.00. In other words,
there is no requirement that any portion of that $5,000.00 be spent for
any particular aspect of a person's losses, except that no more than
$1,000.00 can be used for funeral expense. Under No-Fault, the
personal injury protection is payable regardless of other insurance
with one exception. Benefits under workmen's compensation will
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be credited against personal injury protection benefits under the Law.
Regarding property damage to the automobile, the law leaves to the
owner the responsibility of providing for property damage to his own car.
There seems to be three alternatives available to the car owner.
1. He may carry no insurance whatsoever to cover his own
automobile damage. If he does this, he has no possibility
of being reimbursed for this loss, if such damage is
caused by one who is subject to and in compliance with
the Florida No-Fault Law, unless his damage exceeds
$550.00 in which event he may bring an action against
the party at fault to the full extent of his property
damages.
2. He may purchase regular collision coverage in accordance
with previous practices. In other words, he may buy
collision coverage that pays regardless of fault for
the entire damage of his motor vehicle or for the entire
damage of his motor vehicle less $50.00, or $100.00 or
whatever deductible suits him. If he follows this
course of action, his procedure is the same as that
which a person follows who carried collision insurance
on his automobile before the No-Fault Law was enacted.
3. He may acquire a new form of coverage, created by the law,
known as, basic property protection. If basic property
protection is purchased by the car owner, then the car
owner's insurance company will pay him if the damage was
caused by the negligence of another party and if the
insured himself was not guilty of any contributory
negligence. Also, in order for an insured to recover even
if he has basic property protection, the person causing
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the damage must be subject to and in compliance with the
Florida No-Fault Law and, the damage must not have
occurred when the insured's automobile was parked or
under any other circumstances where the person who caused
the damage was not exempt from suit, such as where the
person causing the damage was driving while under the
influence of intoxicating beverages. The intent of
the new basic property protection is to permit one to
have insurance which would give him the same rights as
he would have had before the No-Fault Law was enacted.
The No-Fault Law does not eliminate the possibility of a suit
altogether. An injured party may still bring suit against the party at
fault under the following conditions:
1. When the amount of the reasonable medical expenses
reaches $1,000.00 or more.
2. When, although the medical expenses may be less than
$1,000.00, the total expenses including loss of
income and medical bills accrue to $5,000.00 or more.
3. When the injury or condition caused by the accident
results in a permanent disability, disfigurement, or
fracture to a weight-bearing bone, a compound fracture,
a comminuted fracture, or a displaced or compressed
fracture.
Also, an insurance company may sue the party at fault for what-
ever benefits the insurance company has paid out under the No-Fault Law,
under the following circumstances:
1. The injured person himself has the right to sue the
party at fault either by reason of the $1,000.00
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medical bill plateau having been reached or either
because the $5,000.00 total threshold has been obtained,
and if such injured person has not brought a suit
against the party at fault within one year after the
last payment of the personal injury protection benefits.
Even then, the insurance company may proceed, only
after giving thirty days written notice to the insured.
If the insurance company elects to file suit against the
party at fault for the benefits it has paid out, and the
suit is either settled or concluded without the consent
of the insured, the suit is without prejudice to the
insured, and the insured may sue also.
Under the Florida No-Fault Law, a party is not required to carry
any kind of car damage insurance. He may obtain it at his option, as
previously discussed on page 2. Likewise, under the Florida No-Fault
Law, a car owner may remain uninsured as to the first $1,000.00 personal
injury damages he incurrs. This is called a deductible. In other
words, he may contract with his insurance company in such a way that the
insurance company's responsibility will not begin until the insured has
incurred at least $1,000.00 in damages either in the form of medical
bills or loss of earnings or both. At his election, he may obtain
deductibles of $250.00 or $500.00, as well as $1,000.00. In other
words, it is not compulsory that the insurance company provide 100%
coverage for personal injury protection. However, when an insured
elects a deductible for personal injury protection, the deductible
provision can only be applicable to the named insured and/or relatives
residing in the named insured's household. In other words, the deduc-
tible cannot be applicable to other type passengers riding with the
insured in his automobile.
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The insurance required by the Florida No-Fault Law is liability
coverage in the minimal amount of $10,000.00 for each person and
$20,000.00 for each accident or occurrence and property damage liability
insurance for at least $5,000.00 for each accident or occurrence, and
personal injury protection up to $5,000.00 for medical expenses, loss
of income and funeral expenses. In other words, liability insurance
is still required since every motorists is subject to a suit in the
event he injures someone beyond the threshold of the personal injury
protection, which while within that threshold, gives to the party at
fault immunity. However, as soon as that threshold is reached the
immunity disappears, and the party at fault can be sued.
If a person required by statute to have this insurance fails to
have it he is supposed to lose his operators' license and have his
registration revoked. Also, he is not immune from a damage suit and
suffers the same exposure as a person before No-Fault was enacted.
He is also personally liable for the payment of all benefits as an
insurer under the No-Fault Law. In other words, if a passenger is
riding with him and is injured, he is personally liable to such
passenger for whatever benefits the passenger would have been entitled
to had the motorists been covered.
The No-Fault Law does not apply to every motor vehicle. The
terms "motor vehicle" and "owner" are defined in the Act and therein
lies the criteria as to who must comply with the Florida No-Fault Law.
Section 3 of the Act contains definitions as follows:
(1) "Motor vehicle" means a sedan, station wagon or jeep
type vehicle not used as a public livery conveyance
for passengers, and includes any other four-wheel
vehicle used as a utility automobile and a pickup or
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panel truck which is not used primarily in the occupa-
tion, profession or business of the insured.
The Department of Insurance of the State of Florida has supple-
mented and amplified on the above definition as follows:
4-27.01 Definition of "motor vehicle". "Motor vehicle",
as referred to in Section 3, sub-section 1 of Chapter 71-252,
Laws of Florida, means a four wheeled, self-propelled vehicle
of a type required to be registered and licensed under Florida
Law which is not used as a public or livery conveyance, and
which is one of the following types:
a. A private passenger vehicle, such as a sedan,
station wagon or jeep type vehicle,
b. A pick-up or panel truck not used primarily in
the occupation, business or profession of the
owner,
c. A utility automobile designed for personal use,
as a camper, a motor home, a vehicle for family
recreational purposes, or a vehicle with chassis
and body similar to that of a light panel truck
but containing passenger seats rather than open
cargo space, but a utility automobile does not
include any such automobile used primarily,
1. in the occupation, professional business
of the owner, or
2. for the transportation of passengers other
than members of the insured's family and
incidental guests.
A "motor vehicle" does not include a vehicle owned by the State
of Florida, any political subdivision or municipality thereof, or the
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Federal Government.
A "motor vehicle" described in Sub-Sections b or c of the
above definition of "motor vehicle" which has been specifically insured
for personal injury protection benefits on the representation of the
named insured that the vehicle will not be driven for more than 50%
of it's total mileage during the policy period
1. in occupation, profession or business of the insured,
or
2. for the transportation of passengers other than the
insured's family and incidental guests
shall be deemed to be a motor vehicle to which security has been
provided as required by the Act.
Accordingly, in accordance with the No-Fault Law and even under
the regulations of the Depatment of Insurance, it can be concluded
that the following are not "motor vehicles" as defined by the Act:
1. A governmentally owned vehicle.
2. Taxicabs,
3. Buses,
4. Motorcycles,
5. Commercial vehicles, such as a tractor-trailer units,
and pick-ups, panels, and other utility vehicles
used more than 50% of the time for business purposes.
The Act defines "owner" as follows:
"Owner" means a person who holds the legal title to
a motor vehicle, or in the event a motor vehicle is
the subject of a security agreement or lease with
option to purchase with the debtor or lessee having the
right to possession, then the debtor or lessee shall
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be deemed the owner for the purposes of this Act.
The following regulation of the Insurance Department supple-
ments this provision of the law:
"4-27-02 Definition of "Owner". Section 3, sub-section 2
of Chapter 71-252, Laws of Florida, defining an "Owner to
include one with right to possession of a motor vehicle under
a lease with option to purchase, is interpreted to mean that
motor vehicle subject to daily, weekly, or other short-
term rental, regardless of whether the agreement is called a
"lease" and regardless of whether or not the agreement contains
an option to purchase, such vehicle shall be construed to be
owned by the registered owner. Lessees of motor vehicles
subject to a long-term lease for a period of six months or
more, under an agreement wherein the lessor and the
lessee mutually agree that insurance will be provided by the
lessee, are construed to be "owners" without regard to
whether or not the lease agreement contains a purchase option.
From these provisions, it can be concluded that the following
people are legally compelled to carry the Florida No-Fault Insurance
Plan:
1. Automobiles owned by Florida residents or owned by
non-residents who have children in the Florida public
schools, or who are employed in Florida. These two
type groups are required to register and license
their motor vehicles in Florida. The persons who
own a motor vehicle as defined by the Law are required
to comply. The requirement as to non-resident owners
or registrants of motor vehicles as defined in the
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law is that they are not required to comply with the
Florida No-Fault Law until they have been present in
the State for more than 90 days of preceding
365 days. In other words, once non-resident
has remained in the State more than 90 days of the
immediately preceding 365 days, he must carry the
Florida No-Fault Insurance, or he will be in viola-
tion thereof and subject to the same penalties.
The persons who are entitled to the benefits under the personal
injury protection aspects of the Florida No-Fault Law are the named
insured, and relatives residing in the household of the insured along
with guest passengers and those driving the automobile of the insured
with permission. Also, a named insured or a residing relative is
entitled to no-fault benefits while occupying any motor vehicle as
defined in the Act and even if struck by a motor vehicle, defined in
the Act, while a pedestrian. If the accident takes place out of the
State, then the named insured and residing relatives are entitled to
benefits for injuries resulting only while occupying the insured
owner's motor vehicle. Also, if the accident occurs in Florida, and
a Florida resident pedestrian is struck by an insured owner's motor
vehicle, and such pedestrian is not an owner of a motor vehicle or in
some other way entitled to benefits from another owner, then the
insurance company of the motor vehicle that strikes the pedestrian is
obligated to pay to the pedestrian the benefits under No-Fault Insurance.
The law does permit the insurance companies to exclude personal
injury protection to people occupying motor vehicles owned by the insured
but which vehicles are not covered in the insurance policy. The insur-
ance company is also not obligated to provide coverage for persons
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injured while operating a motor vehicle without the express or implied
consent of the insured. The insurance company is not required to afford
coverage to those who intentionally injure themselves or are injured
while committing a felony, or are convicted of driving under the influ-
ence of alcoholic drugs to the extent that their driving faculties are
impaired.
Insurance companies are entitled to receive prompt notice of an
accident, but after notice has been given, the insurance carrier is obli-
gated to furnish personal injury protection benefits within 30 days.
The loss of income payments must be made at least every two weeks.
The penalty for late payments by the insurance company is 10% simple
interest a year. The Act provides that if the insurance company has
reasonable proof to establish that it is not responsible for payment,
payments will not be considered over due. The regulation of the Depart-
ment of Insurance permits companies to.withholdpayment of personal
injury protection benefits to persons charged with driving under the
influence of intoxicating drugs, until the charge is disposed of.
The Insurance Commissioner has published a list of questions and
answers provided in the interest of the people of Florida. Some of
these questions and answers are set forth below for further edifica-
tion regarding No-Fault Insurance.
WHAT DO I AS A POLICY HOLDER DO BETWEEN JULY AND THE TIME THE
NO-FAULT LAW GOES INTO EFFECT JANUARY 1, 1972?
Current policyholders are not required to do anything. If his
policy goes beyond January 1, 1972, or is renewed prior to January
1, 1972, his company will notify him of his no-fault benefits
around the first of the year. He will automatically receive the
no-fault coverage on January 1, 1972, and premium reduction will
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begin. The premium savings will be credited to his first renewal
after January 1, 1972, or a check may be issued depending on the
individual company's procedure. The refund will be based on the
premium reduction from January 1, 1972, through the expiration or
renewal of the policy and will amount to 15% percent of the basic
10/20/5 liability rate. Since most people carry higher liability
limits plus other coverages, it is not likely that credits will
amount to exactly 15 percent of the policy premium. Persons who
are presently uninsured will be required to purchase insurance
on their own by January 1, 1972.
WILL I AS A POLICY HOLDER HAVE TO PAY AN ADDITIONAL CHARGE FOR
THE NO-FAULT COVERAGE?
The law requires insurers to reduce existing basic liability pre-
miums by at least 15 percent. This reduction applies only to
the premiums for bodily injury and property damage liability
at "basic limits." However, because family operators and car
useage vary, classifications of risks will vary. Companies
will inform each of their policyholders, if the reduction
applies to them, and how much their reduction will be. Based
on outstanding automobile policies, rates at the end of 1972
will amount to an estimated 42 million dollar statewide reduction.
IS THERE ANY WAY I CAN SUE FOR RECOVERY OF LOSS OVER THE NO-FAULT
LIMITS?
A person covered under the law is allowed to bring suit against
another who was at fault in the accident under the following
conditions:
1. When his medical bills (reasonable) have accrued
to the amount of $1,000.00.
2. If his medical is under $1,000.00, but disability
and loss of income plus medical accrues to $5,000.00.
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MAY I SUE FOR PAIN AND SUFFERING DUE TO AN ACCIDENT WHEN I AM NOT
AT FUALT?
Yes, when your losses have met the $1,000.00 medical threshold
as previously explained or when the injury or disease consists in
whole or in part of permanent disfigurement, a fracture to a
weight bone, a compound, comminuted, displaced or compressed frac-
ture, loss of body member, permanent injury within reasonable
medical probability, permanent loss of a bodily function, or
death.
IF I AM ENTITLED TO WORKMEN"S COMPENSATION AND AM IN AN ACCIDENT,
MAY I COLLECT FROM BOTH MY WORKMEN"S COMPENSATION AND NO-FAULT?
The Workmen's Compensation law becomes primary over no-fault cover-
age. Benefits under Workmen's Compensation shall be credited
against the benefits provided by the No-Fault Act and be due and
payable as loss accrues.
AM I COVERED SO FAR AS BEING SUED BY A PARTY IF I AM AT FAULT BUT
I AM INSURED BY HAVING NO-FAULT COVERAGE?
The new Florida No-Fault Auto Insurance will cover for both the
no-fault benefits and for liability of the policyholder when he
is subject to being sued.
HOW SOON WILL THE INCURRED EXPENSE CLAIMS BE PAID TO ME AS A
POLICYHOLDER?
Within 30 days by the policyholder's company. However, time
incurred between receiving the claim and verification will not be
counted as part of the 30 days. Once all claims are in and
verified, the 30 days begin.
WILL I HAVE TO SHOW FINANCIAL RESPONSIBILITY PROOF BEFORE OBTAIN-
ING MY DRIVER'S LICENSE, REGISTRATION OR TAG?
No. The experience of other states using this method has shown
the cost of administration to be prohibitive.
IF MY LICENSE IS SUSPENDED, WHEN CAN I GET IT BACK?
Upon compliance with the law (by obtaining insurance or other-
wise demonstrating Financial Responsibility).
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UNDER WHAT CONDITIONS WILL MY DRIVER'S LICENSE, TAG AND REGISTRA-
TION BE SUSPENDED?
They can be suspended for not complying with the law. Operators
of motor vehicles, where different from owners, may have their
driver's license suspended.
IF I AM A NON-RESIDENT VACATIONING IN FLORIDA, DO I HAVE TO COMPLY
WITH THE NO-FAULT LAW?
Non-residents do not come under the No-Fault Law unless they have
been operating a vehicle that has been in the state for 90 days
within the past 365 days. Under the new law, non-residents will
be in the same position they are now; they are not tort exempt;
they can sue for damages resulting from an accident; they can
not collect personal injury protection benefits.
WHAT IS THE MINIMUM INSURANCE REQUIRED?
Basic liability of $10,000/$20,000/$5,000, plus Personal Injury
Protection (no fault benefits). The Financial Responsiblity
Division will also take into consideration the fact that the
new law has an option whereby property damage liability coverage
can be offered with deductibles of up to $500.
WHO WILL BE COVERED IN MY CAR IF I HAVE SUFFICIENTLY MET THE
FINANCIAL RESPONSIBILITY REQUIREMENTS?
Relatives residing in your household, who usually make their
home in your household, whether or not they are temporarily
living elsewhere; guest passengers and those driving your car
with your permission are covered.
IF I AM A RESIDENT OF FLORIDA AND LIVE OUT OF STATE ON VACATION,
WILL MY FINANCIAL RESPONSIBILITY COVER ME?
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Through a reciprocal agreement, your Financial Responsibility por-
tion of the No-Fault Law will be accepted in other states.
However, the no-fault benefits apply only to you and relatives
of your household.
IF I AM ON VACATION AND THE FINANCIAL RESPONSIBILITY LAW IN THE
STATE I AM VISITING HAS A HIGHER FINANCIAL RESPONSIBILITY REQUIRE-
MENT, AND I AM INVOLVED IN AN ACCIDENT, HOW MAY I SATISFY THE LAW?
Basicially, most policy contracts contain a clause which
says that the Financial Responsibility limits of the state
in which you are driving will be met. Individual policies
may vary, however, and there may be an additional or supple-
mentary back premium to make up the difference on some poli-
cies.
IS THE 15 PERCENT REDUCTION GOING TO APPLY TO THE FINANCIAL
RESPONSIBILITY PORTION OF MY POLICY?
It will apply only to your basic Financial Responsibility
liability coverage ($10,000/$20,000/$5,000).
WHEN AM I ENTITLED TO THE REDUCTION?
The reduction will be effective January 1, 1972, unless your
company has implemented rate reductions under No-Fault prior to
January 1, of next year. The reductions will be on new or
renewal policies. Existing policies will be reduced pro rata
for the remainder of the policy period.
UNDER THE NEW LAW HOW WILL THE ASSIGNED RISK PLAN BE HANDLED?
Basically, there will be no change. The assigned Risk Plan will
continue to be available for motorists. However, in the past,
some risks have been rejected. Under the new law, this will
be changed, and those vehicles required to be insured will be
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written.
IF I OWN A DEFINED VEHICLE AND AM INSURED AND HAVE AN ACCIDENT
WITH ANOTHER DEFINED VEHICLE,INSURED, HOW DO I RECOVER MY
LOSSES IF IT IS NOT MY FAULT?
You will recover all medical expenses and losses of income
directly from your company. The law provides benefits of up to
$5,000 for each person in the following categories; reasonable
expenses incurred for hospital, doctor, medical rehabilitative
services; 100% loss of income and up to $1,000 per person for
funeral expenses. If you reach the thresholds as described
previously, then you will have the right to bring suit against
the party at fault.
WHAT IF I AM AT FAULT IN THE ABOVE ACCIDENT?
You will still be entitled to your immediate recoveries of
of losses as described above. However, a suit may be brought
against you if the party you struck in the accident meets the
requirements of the threshold.
IF I HAVE AN ACCIDENT THAT IS NOT MY FAULT AND MY VEHICLE IS
COVERED UNDER NO-FAULT, HOW WILL PASSENGERS IN MY CAR RECOVER
THEIR LOSSES?
1. Any passengers in your vehicle who own a vehicle of
their own that is covered under no-fault will look to
their company for their losses.
2. If they do not own a car required to be covered under the
law, they would look to your policy for their losses.
3. If they own a car that is required to be covered but
does not have coverage, they cannot collect, and
4. If the passenger owns a car excluded from the law, they
will collect from the driver's policy.
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IF MY VEHICLE IS COVERED BY NO-FAULT AND I AM IN AN ACCIDENT WITH
A VEHICLE NOT REQUIRED TO HAVE NO-FAULT, AND I AM NOT AT FAULT,
HOW DO I RECOVER?
First, you will be entitled to all of your immediate benefits
for medical and loss of income, and you will be entitled to
sue the other party. Keep in mind excluded vehicles under the
law are not suit exempt.
IF I AM INVOLVED IN AN ACCIDENT WITH AN EXCLUDED VEHICLE AND
MY VEHICLE IS COVERED, IF IT IS NOT MY FAULT, HOW DO I RECOVER?
You will collect immediate no-fault benefits from your policy and
you will be able to bring suit. If you are at fault, you will
collect all benefits, but the excluded vehicle can bring suit
for damages.
IF I LEND MY COVERED VEHICLE TO A PERSON, HOW WILL HE BE COVERED
IF HE IS INVOLVED IN AN ACCIDENT?
1. If he has a covered vehicle of his own, he would collect
from his own policy.
2. If he has a vehicle required to be insured, but does
not insure it, he is not entitled to benefits.
3. If he does not own a vehicle, he will collect under your
policy.
IF I RENT A FLORIDA DEFINED VEHICLE FROM A RENT-A-CAR COMPANY
IN FLORIDA ON A DAILY BASIS, AND AM INVOLVED IN AN ACCIDENT
WITH ANOTHER DEFINED VEHICLE IN THE STATE, HOW WOULD I RECOVER
DAMAGES?
If you are the owner of a defined vehicle covered under no-
fault, you would collect all no-fault benefits from your own
company. If you own a defined vehicle, required to be covered
under no-fault, but you do not obtain the coverage, you would
not be entitled to the benefits. If you do not own a vehicle,
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you would collect benefits from the rent-a-car company policy.
IF I RENT A DEFINED VEHICLE IN THE STATE OF FLORIDA ON A
DAILY BASIS, AND AM A NON-RESIDENT, AND IF I HAVE AN ACCIDENT
IN FLORIDA, HOW DO I COLLECT DAMAGES?
If you own a vehicle that is covered under no-fault, you would
collect benefits from your own policy. If you own a vehicle
that is required to have coverage, but does not, you would not
collect benefits. If you do not own a vehicle, you would collect
under the rent-a-car policy.
WHAT VEHICLES, AS DEFINED BY THE LAW ARE EXCLUDED, FROM THE
NEW LAW?
Examples of vehicles excluded: motorscooters, motorcycles,
commercial vehicles such as dumptrucks, garbage trucks, etc.,
commercial carriers such as buses and taxis, and state, county,
federal or municipally owned vehicles. All owners of vehicles
excluded from the law remain under the same conditions as today;
settlement is handled in a court of law.
IF I AM A PASSENGER IN AN EXCLUDED VEHICLE, SAY A BUS, AND
AM STRUCK BY A DEFINED VEHICLE AND AM INJURED, HOW MAY I
RECOVER DAMAGES?
You will be in the same situation as today; all settlements will
be made in a court of law.
IF I AM A NON-RESIDENT OF FLORIDA, AND I OWN A VEHICLE AS
DEFINED UNDER THE LAW, AM I REQUIRED TO HAVE NO-FAULT INSURANCE?
Yes, if you are a non-resident owner of a defined vehicle that
is garaged in the State of Florida for more than 90 days out
of 365, you are required to obtain no-fault insurance for the
vehicle.
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IF I, AS A NON-RESIDENT, LEND MY DEFINED VEHICLE, COVERED BY
NO-FAULT TO ANYONE, AND THAT PERSON IS INJURED IN AN ACCIDENT,
AND HE IS AT FAULT, WILL HE BE ENTITLED TO THE NO-FAULT BENEFITS?
1. If the borrower of your defined vehicle owns a defined
vehicle that is covered by no-fault, he would look to his
own company for the no-fault benefits.
2. If the borrower owns a defined vehicle but does not have
no-fault coverage on it, then he will not be eligible for
no-fault benefits under any policy and must provide them
himself. In addition, he would have his license, tags and
registration suspended.
3. If the borrower does not own a vehicle, he is entitled to
all benefits under your policy.
IF I AM A NON-RESIDENT AND AM NOT REQUIRED TO HAVE NO-FAULT
COVERAGE ON MY VEHICLE AND AM INVOLVED IN AN ACCIDENT THAT IS MY
FAULT, WHAT HAPPENS?
1. If you hit a non-defined vehicle, not required to have
no-fault, the situation is the same as today it is
settled in a court of law.
2. If you hit a defined vehicle, covered by no-fault, the
defined vehicle will collect benefits under its policy,
and suit may be brought against you.
3. Also, if you are not at fault, today's rule will apply
and settlement will be made in a court of law.
IF I AM A NON-RESIDENT WITH A VEHICLE COVERED BY NO-FAULT AND
TAKE MY CAR OUT OF STATE, DOES THE NO-FAULT COVERAGE APPLY TO
ANYONE DRIVING MY CAR?
Coverage will apply only to relatives living in your household.
No-fault coverage is not extended to any other vehicle you
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drive out of state.
IF I AM
COVERED
1.
2.
3.
4.
5.
ON A BICYCLE OR AM A PEDESTRIAN AND AM HIT BY A VEHICLE
UNDER THE LAW, HOW DO I RECOVER MY LOSSES?
If you are a resident or a non-resident and own a
vehicle covered under the law, then you will collect from
your own policy.
If you are a resident and do not own a vehicle and are
hit by a vehicle covered under the law, then you
would collect-no-fault benefits from the vehicle
owner's policy.
If you are a non-resident who does not own a vehicle
required to have no-fault coverage and are hit by any
vehicle, regardless of coverage applicable to that
vehicle, it would be settled in the same manner as
today in court.
If you are a resident and the person that hit you does
not have no-fault coverage, but it is found he was re-
quired to have it, then he is liable to provide full
benefits to you, plus he will lose his Florida
driver's license, registration and tags.
If the vehicle that hit you was not required to have no-
fault coverage, and you, as a bicycle rider or a pedes-
trian, do not own a vehicle, it would be settled in
the same manner as today in court.
IF I DO NOT OWN A VEHICLE CAN I EVER COLLECT PERSONAL INJURY
PROTECTION?
Yes, under the following circumstances:
1. If you are injured as an operator or occupant
of a covered vehicle, or
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2. If you are a resident of Florida and are struck as
pedestrian by a covered vehicle (within Florida).
IN ORDER TO PROTECT MYSELF FOR DAMAGES CAUSED TO MY VEHICLE
OR DAMAGES I CAUSE, WHAT TYPE OF COLLISION INSURANCE WILL
I NEED TO HAVE?
First, collision coverage is not a required part of the new
law. However, in order to protect yourself, this is what the
insurance department has required all companies to offer:
1. Broad form collision coverage. Basically, this
is full collision coverage most motorists have
today. It protects your vehicle for full damages
when you are not at fault in an accident with
another vehicle, and when you are at fault, it
pays actual cash damages to you above a deductible
if you choose one. (Deductibles of $50-$100-$250 will
be offered). In addition, you will have written
in your coverage a right to rent a car while yours
is being fixed.
2. Basic property protection which pays actual cash
damages to your car only when you are not at fault.
This coverage also carries the rental agreement.
IF I OWN A DEFINED VEHICLE COVERED BY NO-FAULT AND HIT A TREE,
BRIDGE OR OTHER OBJECT, WILL I BE ENTITLED TO NO-FAULT BENEFITS?
Yes. You are entitled to up to $5,000 for medical, disability
and loss of income from your own company. Property damage will
be handled as explained above. Also, the owners of the damaged
property may bring suit against you, if it is your fault, from
first dollar.
A typical endorsement to an insurance policy promulgated by
-20-
The Department of Insurance which supposedly follows the Florida Automo-
bile Reprarations Reform Act, is set forth as follows:
SECTION I
PERSONAL INJURY PROTECTION
The Company will pay, in accordance with the Florida Automobile Repara-
tions Reform Act, to or for the benefit of the injured person:
1. all reasonable medical expenses, and
2. with respect to the period of disability of the
injured person, any loss of income and earning
capacity from inability to work proximately caused
by the injury sustained by the injured person and all
expenses reasonably incurred in obtaining from others
ordinary and necessary services in lieu of those that,
but for such injury, the injured person would have
performed without income for the benefit of his
household, and
3. funeral, burial or cremation expenses, incurred as a
result of bodily injury, caused by an accident arising
out of the ownership, maintenance or use of a motor
vehicle and sustained by:
1. the named insured or any relative while occupying
a motor vehicle or, while a pedestrian, through
being struck by a motor vehicle; or
2. any other person while occupying the insured motor
vehicle or, while a pedestrian, through being struck
by the insured motor vehicle.
Exclusions
This insurance does not apply:
-21-
1. to the named insured or any relative while occupying
a motor vehicle of which the named insured is the owner
and which is not an insured motor vehicle under this
insurance; (1)
2. to any person while operating the insured motor vehicle
without the express or implied consent of the named
insured; (1)
3. to any person, if such person's conduct contributed
to his bodily injury under any of the following:
a. causing bodily injury to himself intentionally;
b. convicted of driving while under the influence
of alcohol or narcotic drugs to the extent
that his driving faculties are imparied; or
c. while committing a felony; (1)
4. to the extent that benefits are paid or payable
under any workmen's compensation law;
5. to any pedestrian, other than the named insured or any
relative, not a legal resident of the State of Florida;
6. to any person, other than the named insured, if such
is the owner of a motor vehicle with respect to
which security is required under the Florida Automobile
Reparations Reform Act:
7. to any person, other than the named insured or any rela-
tive, who is entitled to personal injury protection
benefits from the owner of a motor vehicle which is
not an insured motor vehicle under this insurance or
from the owner's insurer;
-22-
8. to any person who sustains bodily injury while
occupying a motor vehicle located for use as a
residence or premises.
Limit of Liability: Application of Deductible (2);
Other Insurance
Regardless of the number of persons insured, policies or bonds appli-
cable, vehicles involved or claims made, the total aggregate limit of
personal injury protection benefits available under the Florida
Automobile Reparations Reform Act from all sources combined, includ-
ing this policy, for all loss and expense incurred by or on behalf
of any one person who sustains bodily injury as the result of any
one accident shall be $5,000; provided that payment for funeral,
cremation or burial expenses included in the foregoing shall in no
event exceed $1,000. If workmen's compensation benefits have been
received for the same items of loss and expense under any workmen's
compensation law, the total aggregate limit of personal injury
protection benefits available with respect to such bodily injury
shall be reduced by the amount of workmen's compensation benefits
received.
If benefits have been received under the Florida Automobile
Reparations Reform Act from any insurer for the same items of loss
and expense for which benefits are available under this policy,
The Company shall not be liable to make duplicate payments to or
for the benefit of the injured person, but the insurer paying such
benefits shall be entitled to recover from the Company its equitable
pro rata share of the benefits paid and expenses incurred in pro-
cessing the claim.
The amount of any deductible stated in the schedule of this endorse-
ment shall be deducted from the total amount of all sums otherwise
23-
payable by the Company with respect to all loss and expense incurred
by or on behalf of each person to whom the deductible applies and
who sustains bodily injury as the result of any one accident,
and if the total amount of such loss and expense exceeds such deduc-
tible, the total limit of benefits the Company is obligated to pay
shall then be the difference between such deductible amount and
the applicable limit of the Company's liability. (2)
Difinitions
When used in reference to this Section:
"bodily injury" means bodily injury, sickness or disease,
including death at any time resulting therefrom;
"medical expenses" means expenses for necessary medical,
surgical, x-ray, dental, ambulance, hospital, professional nursing
and rehabilitative services, for prosthetic devices and for necessary
remedial treatment and services recognized and permitted under the
law of the state for an injured person who relies upon spiritual
means through prayer alone for healing in accordance with his
religious beliefs;
"Motor vehicle" means a 4 wheel self-propelled vehicle of a
type required to be registered and licensed under Florida law, which
is not used as a public or livery conveyance, and which is one of
the following types:
1. a private passenger vehicle, such as a sedan, station
wagon or jeep-type vehicle.
2. A pick-up or panel truck not used primarily in the
occupation, business or profession of the owner.
3. a utility automobile designed for personal use, as
- 24 -
a camper or motor home or for family recreational
purposes but a utility automobile does not include
any such automobile used primarily (1) in the
occupation, profession or business of the owner or
(2) for the transportation of passengers.
A "motor vehicle" does not include a vehicle owned by the
State of Florida, any political subdivision or municipality thereof,
or the Federal Government;
"occupying" means in or upon or entering into or alighting
from;
"insured motor vehicle" means a motor vehicle of which the
named insured is the owner and with respect to which (1) the bodily
injury liability insurance of the policy applies and (2) security
is required to be maintained under the Florida Automobile Repara-
tions Reform Act;
"relative" means a person related to the named insured by
blood, marriage or adoption (including a ward or foster child) who
is a resident of the same household as the named insured;
"pedestrian" means a person while not an occupant of any self-
propelled vehicle;
"owner" means a person or organization who holds the legal
title to a motor vehicle, and also includes:
1. a debtor having the right to possession, in the
event a motor vehicle is the subject of a security
agreement, and
2. a lessee having the right to possession, in the
event a motor vehicle is the subject of a lease
-25-
with option to purchase and such lease agreement is
for a period of six months or more, and
3. a lessee having the right to possession, in the event
a motor vehicle is the subject of a lease without
opiton to purchase, and such lease agreement is
for a period of six months or more, and the lease
agreement provides that the lessee shall be
responsible for securing insurance.
Policy Period; Territory
The insurance under the Section applies only to accidents which occur,
on or after January 1, 1962 (3), and during the policy period.
1. in the state of Florida, and
2. as respects the named insured or a relative,
while occupying the insured motor vehicle outside
the State of Florida but within the United States of
America, its territories or possessions or Canada.
Conditions
1.
2.
Notice. In the event of an accident, written notice
of the loss must be given to the Company or any of
its authorized agents as soon practicable. If any
injured person or his legal representative shall
institute legal action to recover damages for
bodily injury against a third party, a copy of the
summons and complaint or other process served in
connection with such legal action shall be
forwarded as soon as practicable to the Company by
such injured person or his legal representative.
Action Against The Company. No action shall lie
- 26 -
against the Company unless, as a condition precedent
thereto, there shall have been full compliance with
all terms of this insurance, nor until 30 days after
the required notice of accident and reasonable
proof of claim has been filed with the Company.
3. Medical Reports; Proof and Payment of Claim. As
soon as practicable the person making claim shall give
to the Company written proof of claim, under oath if
required, which may include full particulars of the
nature and extent of the injuries and treatment
received and contemplated, and such other informa-
tion as may assist the Company in determining the
amount due and payable.
4. Reimbursement and Subrogation. In the event of
payment to or for the benefit of any injured
person under this insurance;
a. The Company shall be reimbursed to the
extent of such payment, exclusive of reason-
able attorneys' fees and other reasonable
expenses, out of the proceeds of any settle-
ment or judgment that may result from the
exercise of any rights of recovery of such
person against any person or organization
legally responsible for the bodily injury
because of which such payment is made,
and the Company shall have a lien on such
proceeds to such extent;
b. If the injured person or his legal representa-
- 27 -
tive fails to bring suit against a person or
organization legally responsible for such bodily
injury within one year after the last payment
of any benefits under this insurance, the Com-
pany, upon giving 30 days written notice to the
injured person or his legal representative,
shall have the right to bring suit against
such person or organization, in its own name
or in the name of the injured person or
his legal representative, to recover the amount
of such payments, provided, however that the
prosecution or settlement of such suit without
the consent of the injured person or his
legal representative shall be without prejudice
to such person, or his legal representative.
SECTION II (4)
PRIMARY BASIC PROPERTY PROTECTION;
RENTAL REIMBURSEMENT
The Company will pay for direct and accidental loss which occurs in
the State of Florida on or after January 1, 1972, and during the
policy period to the insured motor vehicle, except while parked,
caused by contact with a motor vehicle whose owner, registrant,
operator, or occupant, or other person or organization legally
responsible for his acts or omissions, is entitled to an exemption
from tort liability for such loss under the Florida Automobile
Reparations Reform Act, provided the named insured would be
legally entitled to recover such loss but for such exemption.
For the purposes of this insurance, determination as to whether
- 28 -
the named insured is legally entitled to recover such loss and
if so the amount thereof, shall be made by agreement between the
named insured and the Company. If the named insured and the
Company do not agree, then, upon written demand of the named
insured, the matter or matters upon which the named and
the Company do not agree shall be settled by arbitration.
The limit of the Company's liability for loss shall not exceed the
actual cash value of the insured motor vehicle, or if the
loss is to a part thereof the actual cash value of such part, at
time of loss, or what it would then cost to repair or replace the
insured motor vehicle or such part with other property of like kind
and quality. This insurance shall be primary under any colli-
sion insurance applicable to the loss.
The Company will also reimburse the named insured, in the event
of loss to which this Section II applies as described in the
preceding paragraph, for expense incurred for the rental of a
substitute of equivalent type and purpose for such automobile,
in addition to the limit of liability otherwise applicable.
Such rental reimbursement shall be limited to the time which
would, with the exercise of due diligence and dispatch, be required
to repair or replace such automobile.
Definitions
The definitions of "motor vehicle" and "owner" as used in Section I
apply to this section and, when used in reference to this section,
"insured motor vehicle" means a motor vehicle of which the named
insured is the owner and with respect to which (1) the property
-29-
damage liability insurance of the policy applied and (2) security
is required to be maintained under the Florida Automobile Repara-
tions Reform Act.
SECTION III
MODIFICATION OF POLICY COVERAGES
Any automobile medical payments insurance and any protection
against uninsured motorists insurance afforded by the policy shall
be excess over any benefits available, or which would be available
but for the application of a deductible (2), under the Florida
Automobile Reparations Reform Act.
Any Collision insurance afforded by the policy shall be amended
to provide the following additional coverages (5):
Limited Waiver of Collision Deductible
The Company will pay up to the collision deductible amount for
loss to the insured motor vehicle, except while parked, caused by
contact with a motor vehicle whose owner, registrant, operator, or
occupant, or other person or organization legally responsible
for his acts or omissions, is entitled to an exemption from tort
liability for such loss under the Florida Automobile Reparations
Reform Act, provided the insured would be legally entitled to
recover such loss but for such exemption. For the purposes of
this coverage, determination as to whether the named insured is
legally entitled to recover such loss and if so the amount
thereof, shall be made by agreement between the named insured
and the Company or, if they fail to agree, then upon written
demand of the named insured, the matter or matters upon which
- 30 -
the named insured and the Company do .not agree shall be settled
by arbitration.
Basic Rental Reimbursement
The Company will reimburse the named insured, in the event of
loss to an insured motor vehicle with respect to which the Limited
Waiver of Collision Deductible applies, for reasonable actual
expense incurred for the rental of a substitute or equivalent
type and purpose for such insured motor vehicle, subject to the
following provisions:
1. Such reimbursement shall be payable
a. only if, with respect to the loss
necessitating such rental,
(1) It is a loss to which such
limited waiver of collision deduc-
tible applies; and
(2) as a result thereof such insured
motor vehicle is continuously
withdrawn from normal use for a
period in excess of 24 hours;
b. for the period commencing with the first
of the number of days for which expense
for such rental is incurred and terminating,
regardless of the expiration of the
policy period, at the end of the number of
days which would, with the exercise of due
diligence and dispatch, be required to repair
or replace such insured motor vehicle;
provided, however, such reimbursement for
- 31 -
any one such period shall not exceed the
amount of such expense (exclusive of mileage
charges) as is necessarily and actually
incurred by the named insured nor, in any
event, a total amount of $10 for any day or
of $300 for any one such period;
c. In addition to the limit of liability other-
wise applicable under any insurance as is
afforded by the policy with respect to
loss to such insured motor vehicle.
2. In the event of loss to which the insurance
under this coverage applies, the named insured
shall
a. give notice thereof as soon as practicable
to the company or any of its authorized
agents; and
b. furnish the company with proof, within such
period of time and in the form of such
evidence as the company may reasonably
require, of the amount of expense (as des-
cribed in paragraph 1 b foregoing) actually
incurred.
SECTION IV
FINANCIAL RESPONSIBILITY
With respect only to any motor vehicle for which security is required
to be maintained under the Florida Automobile Reparations Reform Act
and for which insurance is afforded under the policy, the limits of
- 32 -
the Company's liability under the insurance for bodily injury and
property damage liability shall comply with the limits of liability
required by any other applicable motor vehicle financial responsibility
or compulsory insurance law.
SECTION V
PROVISIONAL PREMIUM
It is agreed that in the event of any change in the rules, rates
rating plan, premiums or minimum premiums applicable to the insurance
afforded, because of an adverse judicial finding as to the constitu-
tionality of any provisions of the Florida Automobile Reparations
Reform Act providing for the exemption of persons from tort liability,
the premium stated in the declarations for any Automobile Bodily
Injury, Automobile Property Damage Liability, Automobile Medical
Payments and protection against Uninsured motorists insurance shall
be deemed provisional and subject to recomputation. [If this policy
is a renewal policy, such recomputation shall also include a deter-
mination of the amount of any return premium previously credited
or refunded to the named insured pursuant to Section 12 (2) (e) of
the Florida Automobile Reparations Reform Act with respect to insurance
afforded under a previous policy (2)].
If the final premium that is recomputed exceeds the premium stated in
the declarations, the named insured shall pay to the Company the excess
as well as the amount of any return premium previously credited or
refunded.
SCHEDULE(6)
The insurance for PERSONAL INJURY PROTECTION is subject to a deductible
of $ applicable to /7 the following named insured
only:
- 33 -
/-7 each named insured and each relative
REFERENCE NOTES
(1) Matter may be omitted at the option of the Company.
(2) Matter is to be omitted from the endorsement for use
with outstanding policies.
(3) Matter to be omitted from the endorsement for use with new
and renewal policies with effective dates on or after
January 1, 1972.
(4) Section II is to be omitted in its entirety from the endors-
ment for use with new and renewal policies with effective
dates on or after January 1, 1972. For these policies a
separate endorsement for Basic Property Protection Coverage
will be available.
(5) Matter and remainder of Section III relating to limited Waiver
of Collision Deductible and Basic Rental Reimbursement, is to
to be omitted from the endorsement for use with outstanding
policies.
(6) Matter may be included, omitted or amended at the option of
the Company. Such matter may be incorporated into the
declarations of the policy, either by reference, if prepared
as a separate schedule, or by inserting each matter into
the declarations. The schedule is to be omitted from the
endorsement for use with outstanding policies
IMPORTANT NOTICE: ANY POLICY WHICH CONTAINS COLLISION INSURANCE, AND
IS EFFECTIVE ON OR AFTER JANUARY 1, 1972, CONTAINS THE COVERAGE
AFFORDED BY THIS ENDORSEMENT, AND THIS ENDORSEMENT SHOULD BE CANCELLED
FROM THE POLICY.
- 34 -
FLORIDA BASIC PROPERTY
PROTECTION
It is agreed that:
1. The company will pay for direct and accidental loss which occurs
in the State of Florida and during the policy period to the
insured motor vehicle, except while parked, caused by contact
with a motor vehicle whose owner, registrant, operator, or
occupant, or other person or organization legally responsible
for his acts or omissions, is entitled to an exemption from
tort liability for such loss under the Florida Automobile
Reparations Reform Act, provided the named insured would be
legally entitled to recover such loss but for such exemption.
For the purposes of this insurance, determination as to
whether the named insured is legally entitled to recover
such loss and if so the amount thereof, shall be made by
agreement between the named insured and the Company. If the
named insured and the Company do not agree, then, upon
written demand of the named insured, the matter or matters
upon which the named insured and the Company do not agree
shall be settled by arbitration. The limit of the Company's
liability for loss shall not exceed the actual cash value of
the insured motor vehicle, or if the loss is to a part thereof
the actual cash value of such part, at time of loss, or what
it would then cost to repair or replace the insured motor
vehicle or such part with other property of like kind and
quality. The Company shall be liable only for the amount of
each such loss in excess of the deductible amount stated in
- 35 -
the schedule as applicable thereto. The deductible amount
shall not apply to loss caused by contact with another
motor vehicle insured by the Company.
"Insured motor vehicle," as used herein, means a motor
vehicle of which the named insured is the owner and with
respect to which security is required to be maintained under
the Florida Automobile Reparations Reform Act.
2. The Company will reimburse the named insured, in the event
of loss to an insured motor vehicle with respect to which
insurance under the Basic Property Protection Coverage is
afforded and which is described herein or designated in the
declarations as subject to this endorsement, for reasonable
actual expense incurred for the rental of a substitute of
equivalent type and purpose for such insured motor vehicle,
subject to the following provisions:
a. Such reimbursement shall be payable
(1) only if, with respect to the loss necessitating
such rental,
(a) it is a loss to which such Basic Property
Protection applies; and
(b) as a result thereof such insured motor vehicle
is continuously withdrawn from normal use for
a period in excess of 24 hours;
(2) for-the period commencing with the first of the
number of days for which expense for such rental
is incurred and terminating, regardless of the
expiration of the policy period, at the end of the
- 36 -
number of days which would, with the exercise
of due diligence and dispatch, be required to
repair or replace such insured motor vehicle;
provided, however, such reimbursement for any
such period shall not exceed the amount of such
expense (exclusive of mileage charges) as is
necessarily and actually incurred by the named
insured nor, in any event, a total amount of
$10 for any day or of $300 for any one such
period;
(3) In addition to the limit of liability otherwise
applicable under any insurance as is afforded by the
policy with respect to the loss to such insured
motor vehicle, and shall not be subject to the
application of any deductible thereunder.
b. In the event of loss to which the insurance under this
endorsement applies, the named insured shall
(1) give notice thereof as soon as practicable to the
Company or any of its authorized agents; and
(2) furnish the company with proof, within such
period of time and in the form of such evidence
as the Company may reasonably require of the amount
of expense (as described in paragraph a(2) fore-
going actually incurred.
3. All of the provisions of the policy relating to collision cover-
age, except as modified herein, are applicable to his insurance.
-37-
SCHEDULE
Deductible $
FLORIDA
COLLISION AMENDATORY ENDORSEMENT
Any collision insurance afforded by the policy shall be amended to
provide the following additional coverages:
Limited Waiver of Collision Deductible
The Company will pay up to the collision deductible amount for loss
to the insured motor vehicle, except while parked, caused by contact
with a motor vehicle whose owner, registrant, operator, or occupant,
or other person or organization legally responsible for his acts
or omissions, is entitled to an exemption from tort liability for
such loss under the Florida Automobile Reparations Reform Act,
provided the insured would be legally entitled to recover such
loss but for such exemption. For the purposes of this coverage,
determination as to whether the named insured is legally entitled to
recover such loss and if so the amount thereof, shall be made by
agreement between the named insured and the Company or, if they
fail to agree, then upon written demand of the named insured, the
matters upon which the named insured and the Company do not agree shall
be settled by arbitration.
BASIC RENTAL REIMBURSEMENT
The Company will reimburse the named insured, in the event of loss
to an insured motor vehicle with respect to which the limited waiver
of collision deductible applies, for reasonable actual expense incurred
- 38 -
for the rental of a substitute of equivalent type and purpose for
such insured motor vehicle, subject to the following provisions:
1. Such reimbursement shall be payable
a. only if, with respect to the loss necessitating
such rental,
(1) it is a loss to which such limited waiver
of collision deductible applies; and
(2) as a result thereof such insured motor
vehicle is continuously withdrawn from
normal use for a period in excess of 24 hours;
b. for the period commencing with the first of the
days for which expense for such rental is incurred
and terminating, regardless of the expiration of
the policy period, at the end of the number of
days which would, with the exercise of due
diligence and dispatch, be required to repair
or replace such insured motor vehicle; provided,
however, such reimbursement for any one such
period shall not exceed the amount of such expense
(exclusive of mileage charges) as is necessarily
and actually incurred by the named insured nor,
in any event, a total amount of $10 for any day
or of $300 for any one such period;
c. In addition to the limit of liability otherwise
applicable under any insurance as is afforded by
the policy with respect to loss to such insured
motor vehicle.
2. In the Event of loss to which the insurance under this
coverage applies, the named insured shall
- 39 -
a. give notice thereof as soon as practicable
to the company or any of its authorized agents; and
b. furnish the Company wtih proof, within such
period of time and in the form of such
evidence as the Company may reasonably
require, of the amount of expense (as
described in paragraph 1-b foregoing) actually
incurred.
For the reader who would like to read the law in its present form, I
attach a xerox copy of the Act as passed and which became a law without
the Governor's approval.
In conclusion, the Florida No-Fault Insurance Law is an
attempt by the legislators to respond to what they feel is the wish
of the people and in such a way as to work an improvement on our
present system. Undoubtedly there will be a definite period of
adjustment for the people to acquire a working knowledge of this new
method of claims. I predict that the Act, if it lasts, will be amend-
ed many times and will be the subject of extensive judicial interpre-
tation.
It is hoped that the legislature properly evaluated the wishes
of the people in enacting this legislation and that a more just and
fair way of compensating claims has been created.
- 40 -
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