Florida No-Fault Laws

Florida Is a No-Fault State — What Does That Mean?

In much of U.S. jurisprudence, fault — or liability — is used to help resolve cases in both the civil and criminal spheres. No-fault laws, however, do away with the concept of fault. In circumstances where these laws are utilized, case resolution tends to be more important than blame. 

Depending on the state, no-fault laws may be present in various areas of the law, including:

• Workers’ compensation
• Divorce
• Auto accidents

In Florida, all three of these are governed by no-fault laws. No proof of wrongdoing or liability is necessary for claimants or petitioners in any of these areas to receive legal relief or remedies. 

No-Fault Laws and Auto Accidents

Florida’s no-fault laws regarding auto accidents relieve injury victims of the burden of proving someone else is responsible for the crash. Instead of building a major case for damages, injury victims and their attorneys seek compensation from victims’ personal insurance protection (PIP) policies.

PIP insurance is mandatory for all motor vehicle operators. However, motorcyclists are not covered under PIP insurance. These two-wheeled riders are under basic rules of fault, where a victim must prove that negligence or an unlawful act of another caused their injuries and losses. 

What Does No-Fault Insurance Cover in an Accident?

No-fault (personal injury protection or PIP) insurance is mandatory in Florida and covers limited economic losses after a crash. Basic policies provide compensation for:

• Limited medical expenses 
• Limited wage replacement
• Limited accident-related expenses

It is important to note that PIP only covers up to 80% of your medical bills and 60% of your lost wages — up to $10,000. For example, if you earn a healthy salary and are out of work for a year, you will not receive full compensation for your lost wages under PIP because damages are capped at $10,000.

Florida’s Minimum Insurance Requirements

Minimum coverage required by the state of Florida includes:

• $10,000 in PIP
• $10,000 in property damage liability (PDL)
• Continuous coverage throughout the registration period of the vehicle

For certain drivers with a history of at-fault crashes, the 10/20/10 rule applies. This means that bodily injury and property damage liability insurance is required in the amounts of $10,000 for each person per incident and up to $20,000 for bodily injury per incident. With a DUI, the amounts are significantly higher.

Extended PIP Coverage and Other Considerations

As a motorist, you can purchase extended PIP coverage, which provides more coverage than basic PIP. Extended PIP offers:

• 100% medical costs coverage
• 80% of lost wages
• No deductible

Keep in mind that Florida accident victims may seek full damages after an auto accident in specific cases. 

Those cases include instances when one or more of the following are true:

• You suffered a significant, permanent loss of an important bodily function
• You suffered any type of permanent injury
• Your injury involved significant permanent scarring or disfigurement

If one or more of these conditions are fulfilled, you can seek full compensation from the at-fault driver’s bodily injury liability insurance policy or from your own uninsured/underinsured motorist insurance coverage up to the policy limits. 

In these situations, compensation available to traffic accident victims in Florida may cover:

• All related medical and hospital bills
• All related lost wages
• Pain and suffering
• Loss of enjoyment of life
• Disfigurement and scarring

You can also seek wrongful death damages in the event a loved one is killed in a car accident. 

Florida’s Comparative Negligence Rules and Auto Accidents

If you are eligible to seek full compensation, Florida’s no-fault rules no longer apply. Instead, personal injury rules of liability apply. These rules require you to prove that your injuries were caused by careless behavior, which typically manifests as negligence. But what if you, as the injury victim, also share the blame?

Florida follows a comparative negligence system, which factors a victim’s own negligence into the compensation equation. If a victim is found to be more than 50% negligent for their injuries, they are barred from collecting compensation. 

If the victim is not more than 50% at fault, they can receive damages, which will be reduced based on their degree of fault. 

Pros and Cons of No-Fault Laws

Florida has been under a no-fault system for decades. This system comes with both advantages and disadvantages.

Some of the pros of no-fault insurance include:

• More prompt compensation for accident victims
• Less money spent fighting for compensation and defending insurance claims
• Fewer judicial resources are needed

No-fault laws also typically involve clearer rules and expectations.

On the other hand, notable disadvantages of no-fault laws include:

• Far less compensation for injury victims
• Limited liability for at-fault drivers
• There is no strong deterrence against negligent driving

Regardless of the rules applied to car accidents, victims who need compensation for their losses should consult an experienced car accident attorney. An insurance company will often pay less when a lawyer is not involved. 

Consult a Seasoned Miami Car Accident Attorney Today

Don’t let an insurance company rush a settlement offer when you deserve more. If you have been injured in an accident, let Bernstein & Maryanoff Injury Attorneys fight for you.