Florida is one of twelve current no-fault insurance states in the United States.
Florida’s “No-Fault” insurance statute requires motorists to carry a certain minimum amount of coverage to be used in the event of an accident.
What is a no-fault state?
Before we get into the specifics of Florida’s no-fault statute, some of you might be wondering “what does no-fault mean” or “what is a no-fault state?”
In a no-fault state, drivers have insurance to cover their own injuries and damage rather than insuring to pay out to the other person. In the event of an accident, everyone has to file a claim with their own insurance, regardless of who was “at-fault” or caused the accident.
This is different than at-fault states where drivers are forced to choose between filing a claim with their own insurance company, the other driver’s insurance company, or filing a lawsuit.
No-fault state misconceptions
Many drivers wrongly assume that no-fault means that they cannot be held accountable for causing an accident. This is false and drivers that cause serious car accidents in the state of Florida are still likely to face personal injury lawsuits from victims who are looking to recover compensation for:
- Emotional distress
- Lost income
- Medical expenses
- Pain and suffering
The Florida no-fault law and minimum car insurance in Florida
Every driver in the state of Florida is required to carry a minimum of $10,000 in Personal Injury Protection (PIP) coverage. When there is an accident, the driver may use their coverage to pay for any losses.
Either driver that was involved can use the Personal Injury Protection (PIP) coverage, regardless of who caused the accident. Rather than filing claims with various entities to get coverage, drivers turn to their own insurance company for coverage.
If the accident caused more than $10,000 in losses (lost wages, medical bills, medications, surgeries, etc.) then drivers in Florida should look at filing a personal injury lawsuit.
Who pays for car damage in a no-fault state?
Besides Personal Injury Protection (PIP), Florida drivers must also purchase a minimum of $10,000 in Property Damage Liability (PDL) coverage.
This additional Property Damage Liability (PDL) coverage pays for property damage in an accident, with the at-fault driver usually being the one that pays for the damage.
Additional Florida liability insurance
Another form of required additional coverage in Florida is Bodily Injury Liability (BIL) insurance, which helps pay for serious injuries, permanent injuries, or deaths from car accidents.
The at-fault driver’s insurance is responsible for paying Bodily Injury Liability (BIL) costs.
In Florida, drivers must have BIL insurance with a minimum coverage of $10,000 bodily injury per person and $20,000 bodily per accident. Typically, the at-fault driver’s insurance company will pay out for injuries up to the policy limit and then will pay for representation for their client in court.
Florida no-fault insurance exceptions
Florida’s no-fault insurance laws do contain exceptions that allow drivers to sue other drivers whom they feel caused the accident or was at fault.
Typically, these lawsuits are brought against other drivers in the event of severe or expensive injuries or damage that isn’t completely covered by insurance.
Florida accident attorneys at Landau Law
If you were in a motor vehicle accident in Florida, dealing with the insurance process and possible personal injury litigation can be a challenge, especially when you may also be dealing with injuries and other repercussions from your recent accident. The Florida personal injury attorneys at Landau Law are here to help!
Contact us today for a completely free, confidential, and compassionate consultation. We don’t charge you anything until we recover for you.