Is Florida a No-Fault State?

If you’re hurt in a car accident chances are you’re wondering if you have a compensation claim. But does it matter who caused the crash, and what if you’re at least partly to blame for the accident? Questions like these raise the issue of whether Florida is a no-fault state. Below, we explain what a no-fault state is, how insurance claims work in no-fault states, and how you can sue for injury or property damage.

What Exactly Is a No-Fault State?

In a no-fault state, it doesn’t matter who caused a car crash. Each driver should file an insurance claim with their own insurance carrier to pay for their losses, such as medical bills and lost income. In other words, you can receive insurance benefits even if you caused the collision. This is different from fault states, where drivers claim against the at-fault driver’s insurance coverage.

Is Florida a no-fault state? Yes. It’s one of the few no-fault states in the US. That’s why, in Florida, you must carry sufficient auto insurance to pay for injuries and property damage. If you can’t provide proof of insurance to the DMV, then you could be suspended from driving your vehicle.

We have established that Florida is a no-fault state. What level of insurance do you require to drive legally, and how do insurance benefits work? The system is, thankfully, less complex than it may seem.

How Do Florida PIP and No-Fault Benefits Work?

Put simply, every driver must carry personal injury protection (PIP) insurance and property damage liability (PDL) coverage. PIP covers your medical bills and other damages related to the accident. In Florida, you must carry a minimum of $10,000 to cover your expenses.

What benefits can you receive? PIP covers medical expenses, including:

  • Surgery
  • Imaging
  • Prescriptions
  • Rehab
  • Examinations

PDL covers damage to vehicles or property. Again, you need a minimum of $10,000 in PDL coverage in Florida.

The process involves filing an insurance claim with your own insurer. They will evaluate the evidence and determine what costs they will pay for.

Does PIP Cover All My Losses?

No. According to Florida laws, PIP only covers up to 80% of your reasonable medical expenses and only up to $10,000. Furthermore, you must seek medical care within 14 days of the accident for PIP to protect you. If you delay seeking medical care, you may not be covered.

What are “reasonable” expenses? It all depends on the case, but typically, it means essential, rather than optional, medical care. Meaning, if you choose a more expensive treatment option than what is medically required, it may not be covered.

What happens, say, if you are in a car accident in Hialeah, and your insurance is not enough to cover your losses? If someone else caused the crash, you may have a negligence claim against them. The compensation can pay for your additional losses so you are not left out of pocket. This means providing that:

  • Another driver behaved negligently (e.g., speeding or running a red light).
  • You were injured in a crash with this driver.
  • The driver’s negligence directly caused your injuries.

A car accident lawyer can explain if you have a claim. And since not all costs are covered, you should check with your insurer before consenting to treatment or vehicle repair costs.

Can I Sue for a Car Accident in Florida if I’m Not Hurt?

Yes. Even if you’re unharmed, you can sue for property damage if someone else caused the crash and damaged your property. Again, this means proving a negligence claim. A car accident attorney in Fort Lauderdale from Schilling & Silvers Property and Accident Attorneys can assist with this.

Do I Need a FL Car Accident Attorney?

Technically, you are not required to hire a car accident attorney. You can file your own claim and settle matters without seeking legal advice. However, this approach is not recommended. 

  • Insurers may take advantage of the situation if they know you have no legal counsel. They could make a low offer quickly to encourage you to settle.
  • If you’re unsure what losses you can claim, then you won’t understand the true value of your case.
  • All things considered, without legal advice, there’s a significant risk you could settle for less than you deserve.

Fort Lauderdale Car Accident Attorneys

Every car accident causes a great deal of stress and anxiety. However, if you’re hurt, you could face more than just temporary disruptions to your daily routine. Instead, you may be left with long-term injuries and significant financial losses. If you’re in this position, you deserve compensation for your pain and suffering.

PIP is not always enough to compensate you after a car crash. And that’s where our Fort Lauderdale car accident lawyers can help. At Schilling & Silvers Property and Accident Attorneys, our experienced attorneys are committed to supporting accident victims. We will champion your legal rights, be your best advocate during negotiations, and help you get the compensation you deserve.

We don’t charge anything unless we win your car accident claim. So, if you don’t win, you don’t pay! Contact our car accident attorneys in FL today to request a free case evaluation.

Locations our attorneys serve include Fort Lauderdale, Hialeah, Hollywood, FL, Pompano Beach and more.