Florida No-Fault Car Insurance

Florida requires certain minimum amounts of car insurance coverage on any four-wheel motor vehicle registered in the state. And it's important to understand how the state's car insurance system works in case you're involved in a car accident. In this article we'll explore the ins and outs of Florida's no-fault car insurance system, and much more.

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 (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 a little later on).

It's important to note that Florida's no-fault system 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.

What Are the Minimum Car Insurance Coverage Requirements In Florida?

In order to register and drive a four-wheeled motor 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).

Florida doesn't technically require drivers to carry injury liability coverage, which applies to injuries suffered by anyone else in an accident caused by the vehicle owner. But, according to the Florida Department of Highway Safety and Motor Vehicles, you must have full liability insurance coverage in effect at the time of a crash, or take a number of insurance-related steps after the accident, if:

• you're found at fault for the car accident, and
• you're issued a traffic violation in connection with the crash, and
• injuries were noted on the responding law enforcement officer's crash report.

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.

How Does No-Fault/Personal Injury Protection Car Insurance Work In Florida?

Now that you have a basic understanding of Florida's car insurance rules and requirements, let's dig a little deeper into how no-fault works, and the details of making a personal injury protection (PIP) claim after a car accident.

Who Is Covered Under Personal Injury Protection 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 Florida Personal Injury Protection/No-Fault Insurance?

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).

But there's a catch when it comes to how much a PIP claimant can receive in benefits.

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 PIP 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.

What Is a "Serious Injury" Under Florida No-Fault Car Insurance Laws?

As mentioned above, in order to pursue a liability claim against the person who caused your car accident in Florida (and shed the limitations of no-fault), 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).

Getting More Help After a Florida Car Accident

For more details on Florida's car insurance coverage requirements and options, check out the state's Department of Highway Safety and Motor Vehicles "Florida Insurance Requirements" page.

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.