Understanding Florida’s No Fault Insurance Law

  • Nov 29 2018

If you own a car in Florida, you likely were told Florida is a “No Fault” state which requires drivers carry minimum amounts of certain coverages. Understanding what no fault insurance is can be particularly important in a state like Florida, where there are a large number of car accidents each year which result in personal injury cases. Read on to learn more about what no fault insurance is and how it works in Florida.

Florida is a state that adheres to no fault insurance laws, which means that if a driver is injured in a auto accident, they first look to their own car insurance coverage to seek compensation for medical expenses incurred by the accident as a result of the accident. With no fault insurance, your insurance company pays for damages related to any injuries caused by the accident, and the other driver’s insurance company assumes responsibility for that driver’s injuries. Like with any insurance policy, there are certain limits to the policy, and recovery for medical costs or lost wages may be capped.

In Florida, residents are required to have Personal Injury Protection “PIP” as part of their auto insurance policy. With Personal Injury Protection, no fault insurance coverage pays the policy owning driver’s medical bills, up to the limit of the insurance policy. All Florida drivers who own an automobile with four or more wheels must have a minimum of $10,000 in Personal Injury Protection benefits and $10,000 in property damage liability benefits. Your Personal Injury Protection insurance will usually provide legal representation if you are sued as a result of the accident.

One of the other benefits of Personal Injury Protection is that it also covers your children, other members of your household, and some passengers if they do not have Personal Injury Protection or own an automobile of their own. If passengers in your car are injured but have their own Personal Injury Protection policy, they will be covered under their own policy.

You should know that, under some circumstances, Florida’s no fault insurance law allows an injured individual to file a legal claim against the driver. Common examples include if an individual suffers injuries that are considered permanent, like disfigurement, the loss of a limb, significant scarring, and loss of important bodily functions.

Personal Injury Protection can offer you improved access to medical care, improving the quality of medical treatment you receive after your accident. It also eliminates haggling with someone else’s insurance company, saving you time and stress. It can also be a good option for those with poor driving records, as you only have to pay for your own medical bills and vehicle damage. Finally, Personal Injury Protection often means you are sure to receive at least some level of compensation.

At Valiente Law, our experienced Miami personal injury attorneys can analyze your accident-related personal injury case to assess whether you are likely able to recover medical and other expenses from your Personal Injury Policy. We provide strong representation on your behalf to insurance companies to help you get the compensation you need to seek treatment and get on the road to recovery. If you were involved in a car accident and have questions about whether you can recover under your Personal Injury Policy, contact us today.

Posted in: Personal Injury