What Is Florida’s No-Fault Law?
You're hurt, the bills are already coming in, and your insurance company hasn't said a word about who's at fault. Under Florida's no-fault law, your own Personal Injury Protection (PIP) policy pays first, regardless of who caused the crash.
But PIP has real limits, and a serious enough injury can open the door to a full claim against the at-fault driver for everything PIP won't cover. At Zervos & Calta, PLLC, our experienced Tampa Bay Area motor vehicle accident lawyers help injured drivers understand exactly what their PIP policy covers and where it falls short.
How Florida's No-Fault Insurance System Works
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 proves fault.
No-fault coverage has a clear upside: your medical bills and lost wages get paid quickly, without waiting to sort out who caused the crash. The trade-off is that personal injury protection (PIP) coverage doesn't pay for pain and suffering, and it caps medical benefits at $2,500 unless your injury meets the emergency-medical-condition threshold covered below.
Personal Injury Protection (PIP) Coverage Explained
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.
PIP pays 80% of reasonably necessary medical expenses and 60% of lost wages, up to your policy limits. It also covers the cost of hiring someone to handle household tasks you can't manage because of your injury, and it pays a $5,000 death benefit if the accident is fatal (§627.736). You must receive initial treatment from a physician, dentist, hospital, or emergency medical provider within 14 days of the accident to qualify for any PIP medical benefits: waiting past that window can cost you the benefit entirely, so it's worth seeking care right away even if your injuries seem minor at first.
Mandatory PIP Coverage Requirements 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 face reinstatement fees ranging from $150 to $500 and a suspension of their license, registration, and tags for up to three years.
PIP Coverage for Drivers, Passengers, and Pedestrians
PIP insurance covers whoever is driving your vehicle, whether that's you or someone else, along with all passengers in 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. PIP limits apply to each injured person, so every covered occupant can claim up to $10,000 in medical and disability benefits. If your injuries exceed that amount, higher PIP limits or MedPay can help close the gap. For this reason, carrying more than the state minimum gives you a better cushion if multiple people are hurt in the same accident.
Motorcyclists are the exception. Florida defines a "motor vehicle" for no-fault purposes as a self-propelled vehicle with four or more wheels, so motorcycles don't qualify. Riders aren't required to carry PIP coverage, and it won't protect them if they're in an accident (§627.732).
PIP Coverage Limits for Emergency Medical Conditions
PIP medical benefits cap at $2,500 instead of the full $10,000, unless a physician, physician assistant, dentist, or advanced registered nurse practitioner determines you have an "emergency medical condition": an injury serious enough that delaying treatment could reasonably be expected to put your health in serious jeopardy, seriously impair a bodily function, or cause serious dysfunction of a bodily organ (§627.736).
A chiropractor's opinion alone doesn't meet this standard. Without that determination on file, your provider can bill your PIP policy for only the first $2,500 of treatment, no matter how high your total bills are.
Florida Car Insurance Requirements and Coverage Minimums
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 (§627.7275)
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, and that only works if the at-fault driver actually has insurance to pay it.
Florida insurers must offer uninsured/underinsured motorist (UM/UIM) coverage if you carry bodily injury liability coverage, but drivers can reject it in writing, and many do (§627.727). Since PIP and PDL alone won't protect you if the other driver is uninsured, check with your agent about UM/UIM before you need it.
No-Fault Coverage Requirements for Non-Resident Car Owners
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.
Vehicle Damage Liability in a No-Fault State
The at-fault driver's PDL policy pays for the damage to your vehicle. PDL isn't part of Florida's no-fault system, so property damage works differently than medical claims. For example, suppose another driver rear-ends you at a red light. Your PIP policy covers your medical expenses, and the at-fault driver's PDL policy covers the damage to your car.
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 can apply if both drivers share fault, reducing a plaintiff's compensation by their percentage of fault for the crash. Insurance companies use this law to reduce what they pay out.
If an injured party is more than 50 percent at fault, they cannot obtain any compensation from the other driver.
Grounds for a Lawsuit Beyond PIP Coverage
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. You can sue the at-fault driver for medical bills and lost wages that exceed your PIP benefits. To also recover pain and suffering, your injury must involve significant and permanent loss of an important bodily function, a permanent injury, significant and permanent scarring or disfigurement, or death.
Florida's Statute of Limitations for Car Accident Claims
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.
Get the Compensation Your PIP Policy Won't Cover
Zervos & Calta, PLLC brings 60+ years of combined legal experience to every claim, and we don't back down from an insurance company that's paying you less than your policy owes. Contact our firm today for a free consultation with a Tampa Bay area personal injury attorney, and find out exactly what your PIP policy covers and what you're owed beyond it.
