Is Florida a No Fault State for Car Accidents?

Is Florida a No Fault State for Car Accidents

Is Florida a No Fault State for Car Accidents?

Is Florida a No Fault State for car accidents? Yes, Florida is a “no-fault” state for car insurance, which means each driver must have Personal Injury Protection (PIP) insurance and other coverages. This ensures that the costs of an accident are covered, no matter who is at fault. Read on to learn how this system affects drivers and accident claims.

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What Is a No-Fault Accident?

In a no-fault accident in Florida, drivers do not need to exchange their insurance information or file claims under each other’s insurance policies. However, this system increases costs for all drivers, regardless of who caused the accident. If the driver at fault does not have enough coverage, the innocent party may need to use their own insurance to cover medical expenses and property damage.

Most other states require insurance coverage that places the responsibility for an accident on the at-fault party. The amount paid out varies by state.

Florida Auto Insurance Requirements

The Florida Highway Safety and Motor Vehicles has set certain rules that must be followed before a vehicle can be registered in the state:

  1. Personal Injury Protection (PIP) coverage must be at least $10,000. This policy will cover 80 percent of medical costs up to the limit for injuries, regardless of who caused the accident.
  2. Property Damage Liability (PDL) coverage also must be at least $10,000. This covers damage you or another driver may cause to someone else’s property while driving your insured vehicle.
  3. All vehicles must be insured, even if they are not in use or have never been driven.
  4. Your auto insurance must be purchased from a licensed insurer in Florida.
  5. Insurance must be maintained continuously throughout the entire registration period, no matter where you are located, including if the vehicle is owned by a military member.
  6. It is illegal to drive without insurance in Florida. Not having the required coverage may result in the suspension of your driver’s license or registration. Reinstatement fees can cost up to $500.

Young Drivers

Florida Farm Bureau Insurance allows a teenager to be added as a driver on a parent’s or guardian’s policy or to purchase their own. This driver can remain on your insurance policy as long as you share the same residential address, no matter their age.   

What Is Covered By PIP?

According to Florida Statutes § 627.736, PIP insurance covers 80 percent of your reasonable and necessary medical costs arising from an automobile accident. It covers emergency transportation, hospitalizations, surgical procedures, nursing services, dental care, and other medical expenses. To be covered, you need to seek treatment within 14 days of the accident.

PIP will also pay 60 percent of your gross wages and future earning capacity if you are unable to work due to your injury. By law, insurance companies are required to pay disability benefits every two weeks.

PIP provides $5,000 in death benefits for each covered person. These benefits are paid by the insurance company on top of final medical costs and lost wages.

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When Can You Seek Compensation from Another Party?

You may be entitled to compensation if you suffer severe injuries. This is possible if the person who caused your accident was at fault. You can do this by filing a lawsuit or a claim on their liability insurance.

PIP only pays for medical costs, lost wages, and death benefits. However, if you are seeking compensation from the other driver, you can also claim property damage and pain and suffering damages. This includes compensation for depression, anxiety, and loss of mobility.

To Win Awards from Another Party, You Must Prove Negligence

You must prove that the negligent actions of another party caused your accident to receive a settlement. If you are suing another driver for negligence, this could include speeding, driving while intoxicated, texting while driving, running stoplights or stop signs, or driving into the wrong lane.

If your accident was caused by a vehicle issue, such as a defective tire or brakes, the negligent party could be the vehicle manufacturer or auto parts manufacturer. If your accident was caused by negligent design or maintenance of the road, then a government agency or another entity responsible for that roadway may be liable.

How Can a Car Accident Attorney Help with Your Case?

Our attorneys will help you negotiate a settlement with your PIP provider. We can also help with liability insurance claims if you qualify to receive compensation from the at-fault person. We will:

  • Claim your benefits
  • Fill out and submit the insurance paperwork
  • Manage insurance deadlines
  • Contact insurance representatives on your behalf
  • Gather evidence of negligence to prove your claim (including medical records, eyewitness testimony, and expert witness testimony)
  • Fight for the highest settlement possible for your accident
  • Take your case to civil court if needed

Florida Statute of Limitations

You should begin the claims process as quickly as possible. Florida’s statutes of limitations apply if you do not receive satisfactory compensation from a settlement, but you still have the right to file a lawsuit.

You have two years to file a lawsuit for personal injury or wrongful death. The statute of limitations for injury cases begins on the date of the accident. The statute of limitations for wrongful deaths begins on the day of the death. You may not be eligible for compensation if you do not file your claim before the statute of limitations expires.

Remember that a car accident lawyer needs time to investigate, collect evidence, and negotiate with insurance companies.

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Contact Kevin L. Sullivan II for Help

Kevin L. Sullivan II has helped accident victims seek justice in Florida, handling nearly 1000 personal injury and accident cases throughout the state. We have worked with clients from all walks of life and backgrounds. 

In 2023, Kevin became a Partner and Shareholder at LeavenLaw. He continues to assist clients injured in car accidents, motorcycle accidents, and slip and fall incidents. You might recognize Kevin from his slogan: “Accident? Call Kevin.” Call our office at (813) 598-4868 to learn more about the services we offer for car accident cases.

Call us at (813) 598-4868

I am proud to serve multiple cities from convenient office locations (By Appointment*).

5720 Gall Boulevard, Ste 4

Zephyrhills, FL 33542

27642 Cashford Cir, Suite #110

Wesley Chapel*, FL 33544

5006 Trouble Creek Rd, Ste 205

Port Richey*, FL 33652

3900 First Street North, Ste 100

St. Petersburg, FL 33703

1111 Oakfield Dr, Ste 15B

Brandon*, FL 33511

110 N 11th St

Tampa*, FL 33602

Contact Accident Attorney Kevin L. Sullivan II TODAY at (813) 598-4868 for a FREE no-obligation consultation. I look forward to assisting you with your claim!

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