What Car Insurance Is Required in Florida?

Florida requires these minimum types and amounts of car insurance coverage on any four-wheel motor vehicle registered in the state:

• $10,000 in personal injury protection (PIP) in line with the state's no-fault car insurance system, and
• $10,000 in property damage liability (PDL) coverage, which kicks in if you damage someone else's vehicle or other property in an accident.

Is Florida a No-Fault Car Insurance State?

Yes. Florida is one of around a dozen states that follow some version of a "no-fault" car insurance system. That means, after a car accident, your own insurance coverage (PIP coverage) pays the medical bills and other financial losses of anyone covered under the policy (up to policy limits), regardless of who caused the accident.

In order to step outside of the no-fault system, your injuries must meet a threshold set by state law. More on this later.

Who Is Covered Under No-Fault/PIP in Florida?

The PIP benefits of a Florida car insurance policy kick in regardless of who was at fault for the car accident, and PIP protections apply to more than just the policyholder. PIP coverage also applies to:

• the policyholder's children (not just for crashes that occur in the policyholder's car, but also for injuries that occur while the children are riding on a school bus)
• members of the policyholder's household, and
• most passengers who lack their own PIP Insurance (as long as they don't own a vehicle).

PIP coverage also protects the policyholder while they're a passenger in someone else's vehicle, and as a pedestrian or bicyclist if they're struck by a motor vehicle.

What Is Covered Under No-Fault/PIP in Florida?

Under Florida law, a PIP claimant can receive:

• 80 percent of reasonably-incurred medical expenses related to car accident injuries
• 60 percent of lost income resulting from the accident and injuries, and
• $5,000 in death benefits (paid to the executor or administrator of the deceased person's estate, or to their relatives).

It's important to note that you can't get compensation for your "pain and suffering" and other non-monetary damages stemming from the accident.

Florida's no-fault system also doesn't apply to vehicle damage claims after a car accident. A liability claim for damage to (or total loss of) a vehicle can be made against the at-fault driver in Florida, with no limitations.

PIP Coverage and Emergency Vs. Non-Emergency Medical Conditions In Florida

Florida's no-fault/PIP laws have grown stricter in recent years. The only way for a car insurance claimant to receive the full $10,000 in PIP coverage for treatment of car accident injuries is if a qualified medical care provider determines that the claimant had an "emergency medical condition" resulting from the crash, and the treatment was for that condition.

The claimant can only receive $2,500 in PIP coverage for car accident-related medical treatment if a health care provider concludes that the claimant did not have an emergency medical condition stemming from the car accident.

Florida's insurance laws have a fairly wide-ranging definition of "emergency medical condition":

A medical condition manifesting itself by acute symptoms of sufficient severity, which may include severe pain, such that the absence of immediate medical attention could reasonably be expected to result in any of the following:

1. Serious jeopardy to patient health, including a pregnant woman or fetus.
2. Serious impairment to bodily functions.
3. Serious dysfunction of any bodily organ or part.

Florida Stat. section 395.002(8)

You also need to start receiving car accident-related medical care pretty soon after the crash in order to get PIP benefits.

What Is the "14-Day Rule" for Florida Car Insurance Claims?

Florida law requires that, in order to collect benefits for medical expenses when making a claim under PIP coverage, the claimant must have received initial medical treatment within 14 days of the accident.

So, as long as you went to the emergency room, or saw your doctor, or otherwise received valid medical care of some kind in the first two weeks after the accident, you're entitled to receive payment for 80 percent of your reasonably-incurred medical expenses. You don't need to be done receiving treatment within 14 days; you just need to have received any accident-related medical care within that time.

If you didn't seek medical attention for your car accident injuries within 14 days of the crash, you're likely barred from recovering compensation under your PIP coverage in Florida.

Learn more about the importance of getting medical care after a car accident.

When Can I Sue the Other Driver in Florida?

In order to step outside of no-fault and file a third-party insurance claim or lawsuit against the driver who caused the accident—and so that "pain and suffering" and all other available non-economic losses are on the table—your car accident injuries must qualify as "serious" as that term is defined by state law. That means, you must have experienced at least one of the following as a result of the accident:

• significant and permanent loss of an important bodily function
• permanent injury, within a reasonable degree of medical probability
• significant and permanent scarring or disfigurement, or
• death.

If your injuries meet this definition, you're not limited to making a PIP claim under your own policy. You can hold the at-fault driver responsible for the accident via a third-party car insurance claim or personal injury lawsuit, and you can pursue compensation for all categories of non-economic losses, like pain and suffering (which, again, aren't available in a no-fault claim).

Is Bodily Injury Liability Insurance Required in Florida?

Florida doesn't technically require all drivers to carry injury liability coverage, which applies to injuries suffered by anyone else in an accident caused by the insured driver. But, according to the Florida Department of Highway Safety and Motor Vehicles, if you're charged with a moving violation related to a crash that injures other people, you must take a number of insurance-related steps after the accident in order to prove your financial responsibility for other people's losses.

Do I Need Liability Insurance After a DUI in Florida?

If you've been convicted of driving under the influence (DUI) in Florida, you'll probably be required to carry liability insurance in the following amounts, for at least three years following the conviction:

• $100,000 liability coverage for injury or death of any one person in an accident you cause
• $300,000 total liability coverage for injury or death of two or more people in an accident you cause, and
• $50,000 liability coverage for vehicle and property damage resulting from an accident you cause.

Should I Get Bodily Injury Liability Coverage in Florida?

Bodily injury liability (BIL) coverage is available for any driver who wants to add it to their policy in Florida. Keep in mind that, if you're found responsible for causing a car accident that allows an injured person to step outside of no-fault and sue you, and you don't have BIL coverage, you'll find yourself personally responsible for that person's losses. So having BIL might be the right strategy, to make sure you're protected.

What Happens If I Drive Without Insurance in Florida?

At minimum, driving without required insurance in Florida will likely result in suspension of your driver's license/vehicle registration, and a reinstatement fee of up to $500 once you can show you're in compliance with the rules.

Getting More Help After a Florida Car Accident

If you've been in a car crash, especially if your injuries are significant, you might want to learn more about Florida's car accident laws and your options for recovering for the full spectrum of your losses. Learn more about how an attorney can help with your car accident case.