What Is Florida’s No-Fault Law?

Florida is one of 10 states that currently have no-fault car insurance. Automobile owners are required to purchase Personal Injury Protection (PIP) insurance, which provides up to $10,000 in coverage for medical bills after a crash, regardless of who was at fault.

The goal of a no-fault insurance system is to reduce delays in insurance payments and keep minor personal injury claims from crowding the court dockets. Drivers who are injured in collisions in the Tampa Bay area file a claim against their own PIP insurance.

Recent legislation would have overhauled Florida’s auto insurance system and done away with the no-fault provisions. The legislature passed Senate Bill 54 that would have repealed the Florida Motor Vehicle No-Fault Law and mandated new minimum liability insurance coverages.

However, Governor Ron DeSantis vetoed the bill on June 30, according to the Miami Herald. If the bill had become law, all Florida motorists would have needed to get new insurance policies by January 1, 2022. Since the governor vetoed the bill, Florida’s no-fault system will remain unchanged.

Keep reading to learn more about how Florida’s current no-fault insurance system works and how Zervos & Calta, PLLC, can help if you’ve been injured in a car accident.

What Is Florida’s No-Fault Law?

Florida’s no-fault law requires all drivers (but not motorcyclists) to carry at least $10,000 in PIP coverage. If you’re involved in an accident, the PIP policy covers your medical bills, lost wages, and other expenses, regardless of who caused the accident.

PIP benefits cover the owner of the policy as well as their children, members of the policyholder’s family, and other passengers in the vehicle who lack their own PIP coverage.

It’s easy to see the rationale behind a no-fault system. By using a no-fault system, accident victims can get the money they need after an accident quickly and without having to go through the process of proving another motorist was at fault and filing a third-party insurance claim against the at-fault driver’s insurance, or filing a personal injury lawsuit. For drivers involved in relatively minor accidents, the no-fault system can save a lot of hassle.

For drivers injured in more serious accidents, PIP benefits may not be enough to cover the full cost of medical bills and other losses. This is partly because PIP benefits only cover 60 percent of your lost wages after an accident and 80 percent of your medical bills. If your medical bills exceed the coverage limits of your PIP insurance, you may need to step outside the no-fault system and file a lawsuit against the at-fault driver’s insurance. The experienced attorneys at Zervos & Calta, PLLC can help you evaluate your best options and guide you through the process of seeking compensation from the motorist who caused your injuries.

Car Accidents in No-Fault States

Under Florida’s no-fault law, you can claim PIP benefits regardless of who is at fault for the crash. But it’s still a good idea to save as much information from the scene of the accident as possible. This includes:

• Contact information for the other driver (their name, address, phone number, insurance information)
• Photos from the accident scene (take pictures of any damage to your vehicle, damage to the other driver’s vehicle, your injuries, the environment around the crash, any nearby surveillance cameras)
• The names and contact information from anyone who witnessed the accident

You are required to call 911 to report the accident to law enforcement unless it’s a minor crash with little to no property damage, in which case you can self-report the crash.

There are two crucial reasons it’s important to call 911. First, you or another person involved in the accident may need emergency medical treatment. Second, you’ll want to bring law enforcement to the scene so they can investigate the accident. Once the accident investigation is complete, you can request a copy of the accident report. The accident report documents the basic facts of the accident and who was involved. The report will be helpful if you need to file an injury claim.

The next step after a car accident in a no-fault state depends on the severity of your injuries. If your injuries are fairly minor, your PIP benefits and other insurance coverage will likely cover your medical bills and other expenses. If your injuries are more severe, you should talk to an experienced personal injury lawyer about filing a claim for compensation against the other driver. This can only be done under specific circumstances and after you’ve used up your PIP benefits.

Will My Insurance Go Up If It’s Not My Fault?

If you’re involved in an accident that is not your fault, your car insurance premiums should not increase. Florida law specifically prohibits insurers from raising your rates after an accident unless they can show that the accident was substantially your fault.

You can use the police accident report and other evidence to show the accident was not your fault.

Can I Still File a Lawsuit Against the Driver Who Caused the Accident in Florida?

If you’re involved in an accident in Florida, you may be entitled to file an insurance claim or lawsuit against the driver who caused the crash under certain circumstances.

First, you’ll have to use up all of your PIP benefits. If you still have medical bills and other losses after using your PIP benefits, your next step is to show that your injuries meet the serious injury threshold outlined in state law. Under the current system, serious injuries are defined as:

• Bones fractures
• Serious disfigurement
• Injuries that leave you substantially or fully disabled for at least 90 days
• Injuries that permanently limit your use of a bodily organ or member
• Injuries that significantly limit your use of a bodily function or system

By design, this is a difficult standard to meet. However, an experienced car accident lawyer can review your case to help you determine your options for seeking compensation.

If you have questions about Florida’s no-fault insurance system and whether you’re eligible to file an injury claim after a car accident in the Tampa Bay area, our legal team at Zervos & Calta, PLLC, is ready to answer those questions for you. Get a free consultation with our personal injury attorneys by calling any of our office locations or visiting our contact page.