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Is Florida a No-Fault Auto Accident State?


Aerial photo of a car accident with police directing traffic in florida

Anyone who wants an automobile in the state of Florida must possess at least the minimum car insurance coverage on that auto. To this end, it is crucial you hire a car accident lawyer and become familiar with the state car insurance policy in case the need arises.

Florida is a no-fault auto accident state. This means the process of claiming the insurance becomes more efficient after a car accident, given that your insurance covers your medical bill and other related expenses. However, the state limits your ability to file a lawsuit for non-economic losses. 

In addition, the minimum car insurance in the state includes Personal Injury Protection (PIP) and Property Damage Liability (PDL). The PIP covers you and selected others, while the PDP covers the damage done to another individual’s vehicle in an accident you caused.

The Basics of No-Fault Auto Accident in Florida 

Florida is one of the many states in the United States that follows a particular version of the no-fault auto accident. This means after a car accident, your insurance, which in the state of Florida is your PIP coverage, pays for the medical bill as well as other economic losses that may result from the accident. 

There is a limit to the losses that this insurance covers. For example, you will not get compensation for “pain and suffering” or “discomfort” because they are non-economic damages.

However, it is possible to get compensation for the non-economic damages or to file a lawsuit against the driver that caused your “pain and suffering” or “discomfort.” If the injuries incurred from the accident meet the threshold of Florida Serious Injury Law, you can file for non-economic damages.

The no-fault auto accident in Florida does not cover vehicle damage claims after the accident. However, liability claims for damages done can be filed against the driver that caused the accident. This time around, there are no limitations.

Who Does the No-Fault Auto Accident in Florida Cover?

  • The no-fault auto accident in Florida is always applicable regardless of who caused the accident. In addition, the benefits of Personal Injury Protection (PIP) cover more than the policyholder. The PIP coverage applies to the following individuals.
  • The policyholder.
  • The offspring of the policyholder. In this case, it is also applicable if the kid got injured in a school bus accident.
  • The policyholder household members.
  • Majority of passengers without PIP coverage, as well as vehicles.

The PIP coverage still applies to the policyholder even if they are a passenger in the vehicle, a pedestrian on the road, or a cyclist hit by a vehicle.

What is Florida Serious Injury Law?

To file a case for non-economic damages against the individual who caused the accident, the injuries incurred must be serious. For an injury to be classified as serious in the state of Florida, the auto accident must have resulted in at least one of the following:

  • Permanent loss or damage of a significant body function.
  • Permanent injury, however, with a likelihood of medical probability.
  • Significant permanent scarring.
  • Permanent dismemberment.
  • Death.

If you encounter any of these from a car accident, there are no limits to your PIP claims, as you can now file for compensations for non-economic damages. You can also file a lawsuit against the driver at fault through a personal injury lawsuit or third-party car insurance coverage.

Minimum Requirement for No-Fault Auto Accident in Florida

To register your auto in Florida and drive it legally, you must possess:

  • $10,000 in Personal Injury Protection (PIP) benefits.
  • $10,000 in Property Damage Liability (PDL)benefits.

The state does not make it mandatory for drivers to be responsible for liability coverage for bodily accidents on others that they might have injured from an accident the policymaker caused. 

The Bodily Injury Bill (BIL) covers this. However, you must note that if you are responsible for an auto accident that puts an individual in the serious injury threshold and they eventually sue you without BIL coverage, you become responsible for their damages.

Schrier Law Group

For more answers to your questions regarding state car insurance policies, get in touch with our award winning car accident attorneys and book your free consultation today!