HomeMy WebLinkAbout2797~ either by insurance or otherwise, for personal injury protection ,
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~ up to $5,000.00. The statute specifically provided that tort ~
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~ iuumunity could be granted only if both the vehicles and drivers
' involved in an accident were insured as required. Because of ;
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this distinction, the Supreme Court found that an alternative j
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remedy was provided by the legislature with respect to the
~~! personal injury threshold in effect at that time. In arriving
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'~ at this result, the Court concluded that: '
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~ "In exchange for his former right to damages ~ '
'1~ for pain and suffering in the limited catagory ~ '
of cases where such items are preempted by the
~ act, he re~eives not only a prompt recovery of ; ~
his major, salient out-of-pocket losses - even !
where he is at fault - but also an im~unity ~ °
from being held liable for the pain and ; ~
suffering of the other parties to the accident `
if they should fall within this limited class ~ .
where such items are not recoverable." ~ ;
The Florida Supreme Court concluded in Lasky, that
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the original No-Fault Statute was constitutional by holding ;
that PIP was a reasonable alternative to the commnon law ~
right to seek redress for pain and suffering. Accordingly,
it was held that the personal injury threshold did not violate ~
the right to redress clause of the Declaration of Rights
provision of the Florida Constitution, but in reaching this :
result, the Court justified its position by referring on
numerous occasions to the fact that the com~on law right to !
recover for pain and suffering was being replaced by this
reasonable alternative in only a very few or very limited ~
number of cases. For example, in highlighting the distinction i
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between the property and personal injury thresholds, the Court
states at Page 14 of its decision,
"In contrast to the property damage tort
immaunity section, all right of recovery is
not denied, but only recovery for particular ~
intangible elements of damage in a few
situations;" (Emphasis supplied)
Because of subsequent legislative enactments, the "few
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. ~ :.,.:, Page Five
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