Florida’s unique “no-fault” insurance laws mean that, unlike in many states, each driver’s own insurance covers their injuries regardless of fault. However, the extent of coverage, potential out-of-pocket expenses, and who ultimately pays can vary significantly depending on the circumstances of the car accident.
This guide breaks down the factors that determine liability in Florida car accidents, explains how no-fault insurance works when fault matters, and outlines your options if costs exceed your policy limits.
Understanding Florida’s No-Fault Insurance Laws
In Florida, all drivers must carry Personal Injury Protection (PIP) coverage, which provides up to $10,000 in benefits for injury-related costs, regardless of who caused the accident. This law was designed to help accident victims access immediate medical care without lengthy disputes over fault. However, PIP coverage may not cover all expenses, especially if injuries are severe.
How PIP Coverage Works
- Medical Bills: PIP typically covers 80% of medical bills related to injuries sustained in the accident.
- Lost Wages: PIP can cover 60% of lost wages due to the inability to work following the accident.
- Medical Emergency Cap: If an injury does not meet the “emergency medical condition” threshold, PIP benefits are limited to $2,500.
- Out-of-Pocket Costs: If PIP limits are reached, you may have additional out-of-pocket costs, depending on your health insurance coverage or the availability of other resources.
Who Pays When PIP Coverage Isn’t Enough?
While PIP covers minor injuries, more severe accidents often exceed these limits. When this happens, you may be able to pursue a claim outside of the no-fault system if the injuries meet certain thresholds.
If injuries are classified as “serious,” meaning they result in permanent damage, significant scarring, or the loss of an important bodily function, the injured party can pursue additional compensation from the at-fault driver.
In such cases, the at-fault driver’s Bodily Injury Liability (BIL) coverage may be available to help cover the expenses.
See our Results and Settlements page for a real-life example of how we’ve helped clients secure compensation after serious accidents.
Comparative Negligence and Its Impact on Compensation
Florida follows a pure comparative negligence rule, which means each driver’s level of fault affects the final settlement. For instance, if a driver is found 20% responsible for an accident, they would be eligible for only 80% of the compensation amount. In cases where multiple parties share fault, determining liability can become complicated, and an experienced car accident attorney can provide valuable guidance.
What If the At-Fault Driver Is Uninsured or Underinsured?
In Florida, many drivers either lack adequate coverage or have no insurance at all. Uninsured/Underinsured Motorist (UM/UIM) coverage can play a critical role in protecting yourself in these situations. While UM/UIM coverage is not required by law, it is highly recommended. It covers:
- Medical Expenses: When the at-fault driver’s insurance is insufficient or non-existent, UM/UIM can cover medical costs beyond what PIP offers.
- Lost Wages: UM/UIM can also cover lost income resulting from an accident with an uninsured driver.
If you’re unsure whether to hire an attorney in these situations, check out our article Should I Hire an Attorney After a Car Accident in Florida.
Who Pays for Property Damage in a Florida Car Accident?
While PIP covers injuries, it does not cover damage to vehicles or other property. Property Damage Liability (PDL) insurance, a requirement in Florida, provides at least $10,000 in coverage for property damage in accidents caused by the policyholder. This can help cover:
- Vehicle Repairs: The at-fault driver’s PDL policy will pay for repairs to the other driver’s vehicle.
- Other Property: PDL can also cover damages to other forms of property, such as fences or buildings impacted by the accident.
Steps to Take After a Florida Car Accident
If you’re involved in a car accident, follow these steps:
- File a Claim with Your PIP Insurance: Contact your insurer to file a PIP claim after receiving medical treatment.
- Consult an Attorney if Injuries Are Severe: A car accident attorney can help determine the best course of action if injuries surpass PIP coverage.
- Consider Pursuing Compensation for Property Damage: File a claim against the at-fault driver’s PDL coverage for vehicle repairs.
- Evaluate UM/UIM Options: Check if your UM/UIM policy applies to accidents involving uninsured or underinsured drivers.
Why You Should Consider an Attorney for Serious Injuries
Navigating insurance claims and fault determinations can be complicated, especially when serious injuries require costly treatment.
If you or a loved one has been injured in a car accident in Florida, our team at Panter, Panter & Sampedro is here to help. We understand the complexities of Florida’s insurance laws and are dedicated to fighting for the compensation you deserve. Contact us today for a free consultation to discuss your case and explore your options.
