We don’t know if you are aware that Florida is among the few states that follow a no-fault system for car accident liability.
However, we are sure that you might not know about what that system means or what steps you need to take after an accident.
According to the Florida Department of Highway Safety and Motor Vehicles, in 2024, shockingly, Florida witnessed a significant number of road crashes, totaling about 235,327 incidents.
The number is huge, and these accidents resulted in 152,246 injuries, with 99,370 crashes that specifically caused injuries.
Vulnerable road users were also affected, with –
- 5,716 bicycle crashes,
- 5,894 motorcycle crashes, and
- 6,336 pedestrian crashes
Additionally, hit-and-run incidents led to 12,525 injuries, highlighting ongoing concerns for road safety in the state.
So, what do you do when an accident happens and how you know it can affect the success of your claim?
Well, that’s the reason you may need to work with a professional car accident lawyer who knows your rights covered under Florida’s no-fault system.
Here’s a simple guide to Florida’s no-fault insurance laws.
What To Know About a No-Fault Law?
So, what does a no-fault state mean? In a no-fault state like Florida, if you’re in a car accident, your own insurance is responsible for covering your –
- Medical expenses,
- Lost wages, and
- Other damages, no matter who caused the accident.
This means your insurance company will pay you back, regardless of who was at fault.
Being in a no-fault state also means that each driver is responsible for covering their own damages.
However, if you’re at fault for an accident, you still have to pay for any damages you caused to others involved in the accident.
Florida’s No-Fault Motor Vehicle Law needed drivers to have Personal Injury Protection (PIP) as part of their car insurance.
The coverage pays for your medical bills and other related expenses, regardless of who caused the accident, up to a minimum of $10,000.
For instance, if you’re in an accident, your PIP coverage will pay up to $10,000 for your recovery.
It covers –
- 80% of medical bills,
- 60% of lost wages, and
- 100% of costs for services you can no longer do because of the accident.
It’s important to know that PIP is not considered as a liability insurance—it only benefits you, the insured person. This coverage applies to you throughout Florida, whether you’re driving your own car, a borrowed one, or a rental.
What Does 10/20/10 Means in Insurance?
In Florida, the minimum insurance coverage is called 10/20/10. This means:
- $10,000 for bodily injury for one person involved in an accident.
- $20,000 total for bodily injury if more than one person is hurt in the same accident.
- $10,000 for property damage to cover damage caused to others’ property in an accident.
Medical Payment limits cover medical costs per person for each accident. It acts as the main coverage when you’re driving your own car and as secondary coverage when you’re driving someone else’s car. Typical limits for this coverage are $500, $1,000, $2,000, and $5,000.
Uninsured motorist (UM) coverage protects you if you’re in an accident caused by a driver who doesn’t have enough insurance. The UM coverage limits cannot be higher than your regular liability coverage limits.
What is Included Under No Fault Insurance?
A personal auto insurance policy includes parts that cover different areas like liability, medical payments, and protection against uninsured drivers.
It also provides general information about what to do after an accident, rules of the policy, how damage to your car is covered, and any extra options you might have chosen.
Liability coverage is usually divided into three main categories:
- Bodily injury per person – covers the cost if one person gets hurt in an accident.
- Bodily injury per accident – covers the total cost if multiple people are injured in an accident.
- Property damage per accident – covers the cost of damage to other people’s property, like their car or home, in an accident.
Is Florida a No-Fault State for Every Car Accident?
No, not all car accidents in Florida fall under the no-fault system.
While most accidents cause minor injuries or just property damage, some can cause severe injuries that go beyond the limits of your PIP (Personal Injury Protection) coverage.
As a result, you left with significant medical bills and financial strain.
In cases where you or a loved one suffer serious injuries due to another driver’s careless or reckless behavior, Florida’s no-fault insurance law allows you to sue that driver.
The option is also available in specific situations, like when a drunk driver is involved.
If you want to win compensation in such a lawsuit, you must first prove that your injuries are severe as defined by Florida law.
Then, you must thoroughly describe that the other driver’s reckless actions caused the accident.
Unlike PIP claims, which only cover basic economic losses like medical bills and lost wages, a lawsuit for severe injuries allows you to seek compensation for non-economic damages, such as pain and suffering or emotional distress.
Remember, PIP claims are processed regardless of who caused the accident.
However, if you pursue a lawsuit for severe injuries, you need to prove that the other driver was at fault.
This means providing evidence and witness testimony to show that it’s more likely than not that the other driver’s carelessness led to your injuries.
Frequently Asked Questions
How Does No-Fault Insurance Work in Florida?
In Florida, no-fault insurance means that if you are involved in a car accident, your insurance will cover your lost wages, medical expenses, and other related costs, no matter who caused the accident. The coverage also provides Personal Injury Protection(PIP) insurance.
How Does Florida No-Fault Insurance Work?
Florida’s no-fault insurance needed drivers to have Personal Injury Protection (PIP) coverage. When an accident happens, your PIP insurance covers about 80% of your medical expenses and 60% of your lost wages, as specified in the policy limits.
What Happens If You Don’t Have Car Insurance in Florida?
You face severe penalties if you don’t have car insurance in Florida. These can include fines, suspension of your driver’s license, and suspension of your vehicle registration. Additionally, if you are involved in an accident without insurance, you will be held personally responsible for all the damages caused.
Does Florida Have No-Fault Insurance?
Yes, Florida is a no-fault insurance state. This means that each driver’s insurance policy is responsible for covering their own medical expenses and lost wages when an accident occurs.
Do You Need Car Insurance in Florida?
Yes, car insurance is necessary in Florida. The state needs drivers to have both Personal Injury Protection (PIP) and Property Damage Liability (PDL) coverage. Without these, you’ll face penalties such as your driver’s license suspension, fines, and registration.