What Is Florida’s No-Fault Law?

Florida is one of several states that uses a no-fault system for its auto insurance. This system has its pros and cons. If you were injured in a car accident in the Sunshine State, it’s essential that you understand how it works so you can pursue the maximum compensation available for your injuries.

 

What Is the Goal of No-Fault Insurance?

A no-fault insurance system aims to reduce delays in insurance payments and keep minor personal injury claims from crowding the court dockets. Drivers injured in collisions in the Tampa Bay area file a claim against their own PIP insurance.

In states with at-fault auto insurance systems, injured parties must prove the other driver’s fault before they can recover compensation after a crash. Florida’s no-fault law streamlines the process of pursuing compensation after a car accident by removing the requirement that the injured party prove fault.

What Is Personal Injury Protection (PIP)?

Personal injury protection (PIP) is no-fault insurance that covers medical expenses and lost wages for you and your passengers if you are injured in a car accident. Additionally, if you are struck by a vehicle as a pedestrian, you can file your claim under the driver’s or your PIP policy.

Is PIP Coverage Mandatory in Florida?

Under the state’s laws, PIP coverage is mandatory for all Florida residents who have registered a vehicle. Drivers must have this coverage before they can register a car and must continue having it for as long as they have it registered in the state. Drivers without PIP coverage may face penalties. Those penalties include a fine of up to $500 and a driver’s license suspension for up to three years.

Who Does PIP Cover?

PIP insurance covers the driver of your vehicle, regardless of whether you are the one driving it, and all passengers within the car. It can also cover you if you are the victim of a pedestrian accident, and it can cover a pedestrian struck by your vehicle.

Because your PIP insurance can cover multiple people, the compensation you can recover from it may be capped by your insurance policy limits. The more injured people seeking compensation from your PIP policy, the less money for each person. For this reason, it’s recommended that you purchase coverage exceeding the required minimum in the state.

What Are the Car Insurance Requirements in Florida?

Florida drivers are required to have both personal injury protection and property damage liability (PDL) coverage. While PIP covers injuries suffered by you and your passengers, PDL covers another party’s property damage caused by your vehicle. PDL coverage is fault-based rather than no-fault insurance.

The minimum insurance requirements for both types of coverage are:

• $10,000 in PIP coverage
• $10,000 in PDL coverage.

While this insurance coverage may be enough for minor accidents, it likely won’t cover your medical expenses in a major accident, resulting in severe injuries or long-term disability. In that case, you may have to seek additional compensation legally.

Are Non-Resident Car Owners Required to Have No-Fault Coverage?

Under Florida law, non-resident car owners present within the state for more than 90 days within a 365-day period must have no-fault auto insurance coverage. Additionally, non-residents who accept employment or work in Florida or enroll their children in a Florida public school must also have their vehicle registered in the state and insured by a Florida no-fault insurance policy.

Who Pays for Car Damage in a No-Fault State Like Florida?

Since PDL coverage isn’t part of Florida’s no-fault insurance system, the at-fault driver’s policy covers the other driver’s property damage. For example, suppose another driver rear-ends you while sitting at a red light. In that case, your PIP policy will cover your medical expenses, and the other driver’s PDL policy will cover the damage to your vehicle.

In some cases, you may need to provide evidence of the other driver’s fault for the accident to recover the full compensation you need for your vehicle repairs. Florida’s modified comparative negligence law could apply if both drivers share fault for the accident. This law reduces a plaintiff’s compensation by a percentage equal to their degree of fault for the accident. Insurance companies will often use this law to reduce their liability. If an injured party is more than 50 percent at fault, they cannot obtain any compensation from the other driver.

Can You Sue for Damages PIP Doesn’t Pay?

After a Florida car accident, you can sue the other driver for damages your PIP insurance doesn’t cover. PIP covers only medical expenses and lost wages associated with the accident. It doesn’t cover non-economic damages. Non-economic damages are compensation you can seek for intangible losses, such as the physical pain and emotional suffering you experienced because of your injuries.

You must meet the state’s serious injury threshold to seek non-economic damages. If you have an injury that results in significant and permanent scarring or disfigurement or loss of a bodily function or system, you can file a car accident lawsuit against the at-fault driver. You can also file a lawsuit against the at-fault driver or other party to seek compensation for your medical expenses and lost wages that exceed your PIP policy limits.

How Long Do I Have to File for Damages in Florida?

Under Florida’s statute of limitations for personal injury, car accident victims have two years from their injury date to seek damages through an insurance claim or personal injury lawsuit. Failure to file your claim or lawsuit within this period will likely result in the courts barring you from recovering compensation for your injuries.

An experienced car accident lawyer can assist you in filing for damages within this deadline. While two years may seem like a long time, you should work with a lawyer on your case as soon as possible so they can gather the necessary evidence, particularly if you are planning to file a personal injury lawsuit.

Contact a Florida Car Accident Lawyer

Zervos & Calta, PLLC, has more than 50 years of combined legal experience and a “tough as nails” reputation, thanks to our dedication to seeking the compensation our clients need through all legal means. Contact our firm today for a free consultation with a skilled Tampa personal injury attorney and learn why our clients recommend us to their friends and family.

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About the Author

Angela Zervos
Angela has spent more than 28 years of her legal career fighting for personal injury victims – and against big insurance companies. As a true trial lawyer, she takes on a wide variety of personal injury claims, including those involving motor vehicle accidents, slip-and-fall accidents, medical malpractice, traumatic brain injuries, and wrongful death. Prior to starting her own law practice, Angela secured more than $80 million in settlements and jury verdicts for her clients – a 90 percent success rate since 2002. Her efforts on behalf of her clients have resulted in numerous accolades. For example, Angela maintains a “Superb” 10.0 rating from AVVO, an “AV Preeminent” rating from Martindale-Hubbell, and she is ranked among the Top 100 civil trial lawyers by the National Trial Lawyers Association. Zervos & Calta, PLLC serves the entire Tampa Bay area – including Pinellas County, Pasco County, Hernando County, and Hillsborough County – from offices in Tarpon Springs, Spring Hill, Clearwater, and St. Petersburg.