Dating site in florida no-fault

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    Description[ edit ] No-fault systems generally exempt individuals from the usual liability for causing body injury if they do so in a car collision; when individuals purchase "liability" insurance under those regimes, the insurance covers bodily injury of the insured and the insured's passengers caused by a car collision, regardless of which party would be liable under ordinary common law tort rules.

    No-fault insurance has the goal of lowering premium costs by avoiding expensive litigation over the causes of the collision, while providing quick payments for injuries or loss of property. Further, no-fault systems often grant "set" or "fixed" compensation for certain injuries regardless of the unique aspects of the injury or the individual injured.

    Workers compensation funds typically are run as "no fault" systems with usually a fixed schedule for compensation for various injuries.

    Proponents of no-fault insurance argue that automobile collisions are inevitable and that at-fault drivers are not necessarily higher risk and should not necessarily be punished; moreover, they note that the presence of liability insurance insulates reckless or negligent drivers from financial disincentives of litigation; also, uninsured motorists are often "judgment proof" i. Critics of no-fault argue that dangerous drivers not paying for the damage they cause encourages excessive risky behavior, with only raised premiums and a higher risk rating as the potential consequence, and no jury awards or legal settlements.

    Detractors of no-fault also point out that legitimate victims with subtle handicaps find it difficult to seek recovery under no-fault. Another criticism is that some no-fault jurisdictions have among the highest automobile-insurance premiums in the country, but this may be more a matter of effect than cause e. Origins[ edit ] The number of traffic accidents causing fatalities and debilitating injuries had become by the mids the source of a litigation explosion that was "straining and in some areas overwhelming the judicial machinery.

    Keeton of Harvard Law School and Jeffrey O'Connellthen of the University of Illinois, in a law review article published in the Harvard Law Review, [4] which consisted of two chapters of the book that they would publish the following year.

    Recoverable loss under this type of policy does not include pain and suffering and is reduced by damages recovered form other sources. The proposal generated immense discussion in legal and insurance publications with some concluding it was too "revolutionary.

    The scheme was adopted in The scheme was defended by the state attorney general and also Harvard Law School professors Archibald Cox and Philip Heymann in an amicus curiae brief. The Supreme Judicial Court of Massachusetts overruled the objections in a unanimous decision.

    In the case of non-economic pain-and-suffering damages, most no-fault systems permit injured parties to seek compensation only in cases of exceptionally "serious" injury, which can be defined in either of two ways: A quantitative monetary threshold that sets a specific dollar or other currency amount that must be spent on medical bills before a tort is allowed.

    Disadvantages of this threshold are: A qualitative verbal threshold that states what categories of injuries are considered sufficiently serious to permit a tort e. The advantage of the verbal threshold is that it removes any incentive to inflate damage amounts artificially to meet some preset monetary loss figure. The primary disadvantage is that broad interpretation by the courts of the threshold can lead to over-compensation.

    In both Kentucky and New Jersey, policyholders who do not make an affirmative choice in favor of either full tort or limited tort are assigned the no-fault option by default; whereas in Pennsylvania, the full-tort option is the default. Twenty-four states originally enacted no-fault laws in some form between and Colorado repealed its no-fault system in Florida 's no-fault system sunset on October 1,but the Florida legislature passed a new no-fault law which took effect January 1, In terms of damages to vehicles and their contents, those claims are still based on fault.

    No-fault systems focus solely on issues of compensation for bodily injury. But it also works the other way: US states and Canadian provinces with no-fault laws[ edit ] Pure no-fault.

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