Understanding Florida’s No-Fault Insurance Laws: What You Need to Know
Florida’s auto insurance laws can be confusing, especially with the state’s unique no-fault system. Unlike traditional at-fault systems, Florida’s approach requires drivers to rely on their own insurance to cover medical expenses after an accident, regardless of who caused it.
This system, designed to streamline claims and reduce legal battles, comes with its own set of rules and challenges. While it can offer compensation faster than a personal injury lawsuit in some cases, there are also downsides regarding the types of damages that are available.
What is No-Fault Insurance?
Most states take an at-fault approach to liability in motor vehicle accidents. When another driver is responsible for your accident, you have the right to sue them under an at-fault system, but that is not how it works in Florida.
Florida has adopted the no-fault approach to motor vehicle accidents. Under this system, you will file an insurance claim under your own policy when you are involved in an accident, no matter who caused the crash.
These insurance policies are known as personal injury protection or PIP. Drivers in Florida must carry insurance with a minimum amount of $10,000 in PIP coverage. These policies can pay for your lost wages and cover your medical bills, among other things.
There are downsides to this system, however. PIP coverage will not pay for the same damages that are available in a personal injury lawsuit. You are limited in the amount of lost wages you can recover, and your policy will not pay for non-economic losses like your pain and suffering. Thankfully, there are ways to avoid this system in some cases.
Avoiding Florida’s No-Fault Insurance System
While Florida’s no-fault system limits the ability to sue after an accident, there are situations where injured parties can step outside of the no-fault framework and file a personal injury claim. You can bypass the no-fault system if your injuries meet certain criteria based on the severity of your injury. This is known as the serious injury threshold.
You are allowed to file a lawsuit as opposed to relying on your own insurance if your injuries from the accident are serious. Serious injuries are defined as one of the following:
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Significant and permanent loss of a bodily function
- Death
Meeting this criteria means the possibility of an injury suit and the increased maximum compensation that comes with it are available to you.
Discuss Your Legal Options With a Dedicated Personal Injury Lawyer
If you have been injured in a crash in Florida, the state’s no-fault insurance system may apply to your case. You might have the opportunity to step outside of this framework and file a civil suit against the responsible party if your injuries are serious.
At DiFilippo & Pica, PLLC, we can help you pursue the compensation you deserve. Contact us immediately for your free case evaluation.