Is Florida a No-Fault State for Car Accidents?

Yes. Florida is a no-fault state for auto accidents, one of only twelve in the United States. This system ensures that motorists with insurance have financial recovery options after suffering collisions.

If you or a loved one suffered injuries in a collision, we encourage you to connect with Meldon Law. Our Florida car accident lawyers can evaluate your financial recovery options and pursue the compensation you need to rebuild your life. Call today to begin a free case review.

Is Florida a No-Fault State?

Because Florida is a no-fault state for motorists, you’re required to carry personal injury protection (PIP) coverage. Per the Florida Department of Highway Safety and Motor Vehicles, you must have at least $10,000 in PIP and $10,000 in property damage liability coverage.

PIP pays for your losses following a collision. Property damage liability coverage pays for the damage to the other party’s vehicle. There are many nuances to seeking damages outside of PIP (as we’ll explain later), and you could benefit from entrusting your case to an injury lawyer from Meldon Law.

What Does PIP Cover?

What your insurance policy covers depends on, well, the details of your insurance policy. If you carry the minimum PIP policy mandated by the state, then you’ll have:

Coverage for Most of Your Medical Expenses

PIP coverage pays for up to 80 percent of your reasonable medical costs, which may include:

• Emergency care
• Hospital bills
• Doctors’ visits
• Rehab costs

You can access these benefits regardless of who caused the collision. However, you must seek medical care within 14 days of the collision or risk losing your right to this coverage.

Partial Coverage for Your Lost Income

Personal Injury Protection coverage accounts for 60 percent of your regular income up to the $10,000 limit. Your regular income can include tips, bonuses, benefits, and hourly rates.

Death Benefits

Minimum PIP coverage in Florida will pay $5,000 for each person who passes away in a car accident. Death benefits can account for funeral, burial, and memorial expenses.

The Pros and Cons of Living in a No-Fault State for Car Accidents

There are some pros and cons that come with pursuing damages in a no-fault state. Consider the following:

Pro: PIP Aims to Bring Easier Access to Medical Care

PIP offers prompt and efficient access to medical coverage. You file a claim with your PIP coverage and ideally get your bills covered quickly.

Pro: PIP Doesn’t Require Proving Fault

To access the benefits of your PIP coverage, you don’t have to prove that another party caused your accident. You pay premiums to keep the policy active, and you’re entitled to that coverage when you need it. This means it applies quickly, instead of making you wait weeks or months for the insurance adjuster to determine fault.

Con: PIP Doesn’t Pay for Everything

As noted, the minimum required PIP policy covers 80 percent of your medical bills and 60 percent of your lost income. That could still leave you with thousands of dollars in out-of-pocket expenses.

Con: The Entirety of Your $10,000 Policy May Not Apply

Only $2,500 of your PIP coverage will apply in a non-emergency situation. This is why it’s so important to get care at the scene or go to the ER after you leave the scene.

Con: PIP Comes With Strict Deadlines

To file a claim with your PIP provider, you must seek medical attention within 14 days of the collision. Yet, you might not have experienced symptoms until weeks after the crash. This could make seeking damages under your PIP policy complicated if you didn’t seek medical attention immediately.

Who Does No-Fault Insurance Apply To?

PIP coverage applies to:

• The policyholder (regardless of whether they are driving at the time, biking, walking, or riding in another person’s car)
• The policyholder’s children (both in the policyholder’s vehicle and in a school bus) and household members

PIP rules do not apply to motorcyclists.

What if the Insurance Company Denies Your PIP Claim?

You would think that by maintaining a PIP policy, your own insurer would grant coverage when an accident happens. That’s not always the case. Insurance companies are motivated to make profits by selling policies––not paying for claimants’ damages. The insurer could deny your claim because it believes:

• Your injuries aren’t serious enough to merit compensation.
• You delayed the necessary medical care.

You have legal options if the insurance company denies your claim. For instance, you could file an appeal with the help of the auto accident attorneys at Meldon Law. We can assess the reason for your claim’s denial, assess the value of your losses, and seek financial recovery from the liable party.

Does a No-Fault System Mean I Can’t Hold Someone Else Liable for My Injuries?

For many people who get into minor collisions, PIP covers their medical expenses and other various losses. However, the $10,000 might not even put a dent in a seriously injured person’s situation.

Many people assume that because Florida is a no-fault state for car accidents, they cannot hold a negligent driver liable. However, this is not true. Florida’s no-fault system just means that you typically first turn to your own insurance policy first. You can step outside the no-fault system and hold a negligent driver liable if you meet the criteria.

Per Florida Statutes § 627.737, injuries that allow you to file a fault-based claim include:

• The significant or permanent loss of a bodily function
• Death
• Scarring or disfigurement

Once you have established that your severe injuries meet the criteria, you must also prove that the other party’s negligence caused your accident and injuries.

When you work with our personal injury attorneys, they can evaluate your situation and explain what options you have for seeking financial recovery, whether that is filing a claim with your insurance company, an insurance claim against the other driver, or a personal injury lawsuit.

Can I Hold the Other Party Liable if I Contributed to the Accident?

Yes. However, it’s important to note that the other party must be more at fault than you. It’s also important to remember that any fault on your part reduces your damage award. For example, if you are 30% responsible for an accident and are awarded $100,000, you could recover $70,000.

You Have Limits to Seeking Damages Outside of the No-Fault System

In 2023, HB 837 made some changes to Florida’s personal injury system, some of which aren’t exactly clear-cut. Those changes include:

• Florida now has a 51 percent bar. If you’re found to have caused more than 50 percent of the accident, you can’t recover damages. Before, you could file a claim regardless of who caused the collision, as long as you weren’t totally at fault. Even if you caused 90 percent of the crash, you could seek damages. Not anymore. This is why it is so important to work with an attorney who can protect your right to compensation.
• You have a limited time to seek damages. Under Florida’s statute of limitations, you now have two years to file a lawsuit. Previously, you had a four-year filing window.

Begin Your Free Case Review With Meldon Law

Florida’s no-fault laws can be challenging to navigate. If you still have questions about navigating the claims process, Meldon Law encourages you to contact us for a free, no-obligation consultation. Our personal injury lawyers can calculate your damages, work toward a fair outcome, and pursue the compensation you need to cover your auto accident-related expenses. Call today to get started. We’ll fight for compensation for your medical expenses, lost wages, and other damages if possible.