Sen Danny Burgess submits bill to repeal No-Fault requirements to put liability on those who ’caused the accident’

Sen. Danny Burgess filed legislation Friday that would repeal Florida’s Motor Vehicle No-Fault Law as an effort to shift liability for drivers to those who cause car accidents.

Florida’s No-Fault Law requires drivers to carry personal injury protection (PIP). Burgess’ proposal, SB 54, would require motorists to carry bodily injury liability coverage.

“Replacing our no-fault system with a bodily injury liability system more appropriately places liability where it should be — with the party that caused the accident,” Burgess said in a news release. “Additionally, the bill creates a new framework for handling bad faith litigation that provides a clear set of standards to govern the conduct of both parties in the claims handling process, which we believe will lead to better outcomes for both insured Floridians and their insurance companies.”

SB 54 would require insured motorists bear $25,000 in financial responsibility for bodily injury or death in a crash, or up to $50,000 for bodily injury or death in a crash with two or more people. The bill retains the existing $10,000 financial responsibly requirement for property damage.

It also repeals the No-Fault Law’s recovery limitation on pain and suffering damages.

SB 54 would require insurers to offer medical payments coverage with $5,000 or $10,000 limits to cover the insured’s medical expenses. Other provisions include named driver exclusions and a new framework to govern motor vehicle insurance bad faith claims.

SB 54 is slated to appear before the Banking and Insurance, Judiciary and Rules committees.

“Florida is one of only two states in the country that does not currently require drivers to carry liability coverage that would immediately kick in if they cause the bodily injury or death of another person while operating a motor vehicle,” said Senate President Wilton Simpson.

“PIP coverage is outdated and doesn’t protect consumers. It’s the right time for Florida to move to mandatory coverage for bodily injury liability.”

 

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