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Florida's No-Fault Insurance Laws: What Every Driver Needs to Know

By Mark Nation on February 11, 2025

Florida is one of the few states that follow a no-fault system, which impacts how car accident claims are handled and what compensation is available for personal injury victims. 

While this system is designed to streamline the claims process, it also comes with limitations that every driver should be aware of.

At The Nation Law Firm, we want to ensure you know your rights and options when it comes to no-fault insurance. Here’s everything you need to know about how it works, what it covers, and when you might need to file a lawsuit.

What Is No-Fault Insurance?

Florida’s no-fault insurance system requires drivers to carry Personal Injury Protection (PIP) coverage. This means that after an accident, your own insurance pays for medical expenses and certain other losses, regardless of who was at fault. The goal is to reduce the number of lawsuits and speed up compensation for injured drivers and passengers.

However, PIP has limitations, and there are situations where filing a lawsuit may be necessary to recover full compensation.

 

What Does Florida’s No-Fault Insurance Cover?

Under Florida law, all drivers must carry at least:

  • $10,000 in Personal Injury Protection (PIP)
  • $10,000 in Property Damage Liability (PDL)

PIP covers:

Medical Expenses – Covers 80% of necessary medical costs, including hospital visits, surgeries, rehabilitation, and prescription medications.
Lost Wages – Pays 60% of lost wages if injuries prevent you from working.
✔ Death Benefits – Provides up to $5,000 in death benefits to the deceased’s family.

However, PIP does not cover non-economic damages like pain and suffering, and its coverage limits may not be enough for severe injuries.

 

When Can You File a Lawsuit?

While Florida’s no-fault system limits the ability to sue for minor accidents, you can step outside the no-fault system and file a personal injury lawsuit if your injuries meet the “serious injury” threshold.

You may be eligible to sue if you have:

  • Permanent injuries – Such as paralysis, loss of function, or permanent scarring/disfigurement.
  • Significant or permanent loss of a bodily function – Like losing mobility in a limb.
  • Medical bills exceeding PIP limits – If your injuries require extensive treatment.
  • Severe pain and suffering – For catastrophic injuries that impact your quality of life.

If another driver’s negligence caused your injuries, you may be able to recover full compensation, including medical bills, lost wages, pain and suffering, and other damages.

 

What About Property Damage?

Florida’s no-fault system applies only to injuries, not vehicle damage. If another driver was responsible for damaging your car, you can file a claim against their Property Damage Liability (PDL) insurance or sue them directly for repairs.

 

Why Legal Representation Matters

Insurance companies often try to minimize payouts, and navigating Florida’s complex no-fault laws can be challenging. A personal injury attorney can help you:

✔ Determine if you qualify to file a lawsuit
✔ Negotiate with insurance companies for a fair settlement
✔ Ensure all medical expenses and damages are fully covered
✔ Represent you in court if needed

At The Nation Law Firm, we fight for accident victims to ensure they get the compensation they deserve.

 

Contact The Nation Law Firm Today

If you’ve been injured in a car accident in Florida, don’t settle for less than you deserve. Contact The Nation Law Firm for a free case evaluation to learn more about your legal options and how we may be able to help.

Attorney

Mark A. Nation is Board Certified in Civil Trial Law, and also in Business Litigation Law by the Florida Bar. Although there are over 100,000 attorneys in Florida, less than 100 hold these two Board Certifications.

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