Florida’s No-Fault Insurance: What It Means for Your Car Accident Claim
If you've been injured in a car accident in Florida, it is important for you to understand no-fault insurance. Florida is one of a handful of states with a no-fault system, and it can be confusing for accident victims to understand what it means for their rights, their claims, and their ability to recover compensation.
In this post, we’ll break down how Florida’s no-fault insurance system works, what it covers, and what to do if your injuries exceed what insurance will pay.
What Is No-Fault Insurance?
In Florida, no-fault insurance refers to the Personal Injury Protection (PIP) coverage that is mandatory for all drivers. It means that your own insurance company pays for your medical bills and lost wages regardless of who was at fault in the accident.
✅ Florida drivers are required to carry:
$10,000 in Personal Injury Protection (PIP)
$10,000 in Property Damage Liability (PDL)
This system is designed to speed up claims and reduce lawsuits for minor injuries.
What Does PIP Cover?
Florida’s PIP insurance covers:
80% of reasonable and necessary medical expenses, up to $10,000
60% of lost wages due to accident-related injuries
$5,000 death benefit in fatal accident cases
Mileage reimbursement for medical appointments
⚠️ Note: If your injuries are not considered an emergency, your benefits may be capped at $2,500 instead of the full $10,000.
What If You Have Serious Injuries?
If your injuries are severe or permanent, Florida law allows you to step outside of the no-fault system and file a personal injury lawsuit against the at-fault driver. This is known as meeting the "serious injury threshold."
You may be eligible to sue if you have:
Significant or permanent loss of an important bodily function
Permanent injury within a reasonable degree of medical certainty
Significant scarring or disfigurement
Death
In these cases, you can pursue full compensation for:
Pain and suffering
Future medical expenses
Lost earning capacity
Emotional distress
What PIP Does Not Cover
Florida’s no-fault insurance does not cover:
Vehicle damage (covered by property damage liability or collision insurance)
Pain and suffering (unless you meet the serious injury threshold)
The other driver’s damages (unless you are sued)
That’s why it’s important to know when your case goes beyond no-fault and when legal representation is essential.
Time Limits for Filing a Claim
Florida recently changed its statute of limitations for personal injury claims. As of March 24, 2023, you have 2 years(not 4) from the date of the accident to file a lawsuit. This makes it even more important to speak with an attorney early.
What You Should Do After an Accident
If you’ve been involved in a crash:
Seek medical attention immediately, even if you feel okay. (You must receive care within 14 days to qualify for PIP benefits.)
Notify your insurance company and file your PIP claim.
Gather documentation: police report, photos, medical records.
Avoid giving a recorded statement to any insurance adjusters without legal counsel.
Contact a personal injury attorney if your injuries are serious or you're unsure about your rights.
How a Florida Personal Injury Attorney Can Help
At The Law Office of Adolphus Thompson, we help clients understand their rights under Florida’s no-fault laws and fight for the full compensation they deserve. Whether you're navigating a PIP claim or preparing to sue for damages that exceed PIP coverage, our attorneys are here to guide you every step of the way.
We offer:
Free consultations
Help disputing denied PIP claims
Full case evaluations if your injuries qualify for a lawsuit
Contact Us Today
If you've been injured in a Florida car accident, don't go it alone. Contact The Law Office of Adolphus Thompson at (407) 476-5272 or use our contact form for a free, confidential consultation. We’ll help you understand your rights, deal with the insurance companies, and make sure you aren’t left paying out-of-pocket for someone else’s mistake.
