If you've been injured in a car accident in Florida, one of the first things you'll encounter is the state's no-fault insurance system. This law plays a major role in determining how your medical bills and lost wages are handled—regardless of who caused the crash. Understanding how Florida’s no-fault law works is crucial to protecting your rights and making informed decisions about your personal injury claim.
What Is Florida’s No-Fault Insurance Law?
Florida is one of a handful of states that follows a no-fault auto insurance system. Under Florida Statutes §627.736, every driver is required to carry Personal Injury Protection (PIP) insurance as part of their auto policy. This PIP coverage pays for certain expenses resulting from an accident, regardless of who was at fault.
What Does PIP Insurance Cover?
Florida law mandates that drivers carry a minimum of $10,000 in PIP coverage, which provides:
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Up to 80% of medical expenses
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Up to 60% of lost wages
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$5,000 in death benefits (if applicable)
To qualify for these benefits, an injured person must seek medical treatment within 14 days of the accident. Failing to do so may result in denial of PIP benefits.
Who Is Covered by PIP?
PIP coverage typically applies to:
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The policyholder
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The policyholder’s children or household relatives
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Certain passengers and pedestrians, depending on the circumstances
It’s important to note that PIP only covers economic damages—not pain and suffering or emotional distress.
When Can You Step Outside the No-Fault System?
While PIP is the first source of compensation after a crash, it often isn't enough—especially in serious accidents. Florida law allows you to step outside the no-fault system and file a personal injury lawsuit against the at-fault driver if you meet the "serious injury threshold."
Under Florida Statutes §627.737, you can pursue a claim for additional damages if you suffer:
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Significant and permanent loss of an important bodily function
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Permanent injury within a reasonable degree of medical probability
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Significant and permanent scarring or disfigurement
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Death (on behalf of the deceased's estate)
Once this threshold is met, you may seek non-economic damages such as pain and suffering, mental anguish, and loss of enjoyment of life.
Why It Matters to Speak with a Florida Personal Injury Attorney
Florida’s no-fault system is complex and filled with deadlines and exceptions. Insurance companies may deny or underpay valid claims, and navigating the serious injury threshold requires strong medical evidence and legal advocacy.
A skilled Florida personal injury attorney can:
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Help ensure you receive all available PIP benefits
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Evaluate whether your injuries qualify for a lawsuit against the at-fault party
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Fight to maximize your recovery from all available sources
Final Thoughts
Florida’s no-fault insurance law was designed to streamline the claims process and reduce litigation, but it can be confusing and limiting for injured victims. Knowing your rights under the law—and when you can pursue a claim beyond PIP—is essential to securing the compensation you deserve.
If you've been injured in a Florida car accident, contact an experienced personal injury lawyer to review your case and discuss your options.
Have you or someone you know been injured in a car accident? Contact Florida Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
