Florida No-Fault Car Insurance

A breakdown of Florida's no-fault car insurance rules, and other state-specific insurance coverage information that is likely to affect a car accident injury claim.

Anyone who owns and wants to register a four-wheeled vehicle in Florida must carry certain minimum amounts of car insurance coverage on that vehicle. Florida is also a "no-fault" car insurance state, which means if you're injured in a car accident, your legal options are often limited. Read on for the details on how Florida's no-fault car insurance system works, minimum car insurance coverage requirements in the state, and more.

No-Fault Car Insurance Basics in Florida

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 (in Florida, it's called "personal injury protection" or "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. No-fault/PIP claims have limits when it comes to the kinds of losses that are covered, though. You can't get compensation for your "pain and suffering" and other non-monetary damages stemming from the accident.

In order to step outside of the no-fault system -- so that it's possible to 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 injuries must meet the threshold set by state law (we'll look at Florida's "serious injury" threshold in the next section).

It’s important to note that Florida’s no-fault system does not 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.

Who Is Covered Under a No-Fault Policy 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 benefit more than just the policyholder. According to the Florida Department of Highway Safety and Motor Vehicles, 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 he or she is a passenger in someone else's vehicle, and as a pedestrian or bicyclist if struck by a motor vehicle.

What is a "Serious Injury" Under Florida Law?

As mentioned above, in order to pursue a liability claim against the person who caused your car accident (and shed the limitations of no-fault) in Florida, 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 disfigurement
  • bone fracture
  • permanent limitation of use of a body organ or member
  • significant limitation of use of a body function or system, or
  • substantially full disability for 90 days.

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).

Now that you understand how no-fault car insurance works in Florida, let’s look at the state’s requirements for car insurance coverage.

Minimum Car Insurance Coverage Requirements in Florida

In order to register and drive a four-wheeled vehicle in Florida, vehicle owners must carry:

  • $10,000 in personal injury protection (PIP) benefits, and
  • $10,000 in property damage liability (PDL) benefits (which kick in if you damage someone else's vehicle or other property in an accident).
Unlike almost every other state, Florida does not require drivers to carry liability coverage for bodily injury suffered by other drivers, passengers, pedestrians, and bicyclists in an accident caused by the policyholder. Bodily injury liability (BIL) coverage is readily available for any driver who wants to add it to their policy in Florida. Keep in mind that, if you are found responsible for causing a car accident that allows an injured person to step outside of no-fault and sue you, without BIL coverage, you'll find yourself personally responsible for that person's losses.

For more details on Florida’s car insurance coverage requirements and options, check out the state's Department of Highway Safety and Motor Vehicles frequently asked questions page.

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