Protecting the Rights
of Injury Victims

Thomas DeLattre and Glen D. Wieland

How does FL’s no-fault system affect your accident claim?

On Behalf of | Sep 30, 2024 | Car Accident In Florida |

If you find yourself involved in a car accident in Florida, you will soon navigate the legal landscape of the state’s no-fault motor vehicle law. This legal system provides a financial safety net for accident victims, helping them avoid overwhelming medical bills and lost wages in the aftermath of a car crash.

Under this system, all drivers in the state must carry Personal Injury Protection (PIP) coverage. This insurance provides compensation for medical expenses and lost wages, regardless of who caused the accident. Grasping the nuances of this system is key, as it determines how you will receive compensation and whether you can pursue damages outside your PIP coverage limits.

What damages does PIP cover?

Under Florida’s no-fault insurance law, you may be eligible to receive compensation for the following:

  • Medical expenses: PIP will cover 80% of your necessary and reasonable medical care after the car accident. This includes hospital stays, surgeries, follow-up visits and prescribed medications.  
  • Lost wages: If you need to take time off work to recover from your injuries, your PIP will reimburse 60% of your lost income.
  • Replacement services: It can also cover the cost of hiring help for daily tasks if your injuries leave you unable to perform them.

PIP coverage focuses primarily on economic damages resulting from your accident. It does not cover non-economic damages like pain and suffering.

Are there any exceptions under this system?

You may step outside the no-fault system and file a lawsuit against the at-fault driver if your circumstances meet Florida’s “serious injury” threshold. For instance, if you sustained severe injuries and the other driver was drunk or reckless driving, you may be eligible to file a lawsuit against them.

Understanding your options after a car crash

Florida’s no-fault insurance system can introduce unique challenges to your case. PIP coverage provides immediate benefits regardless of fault, but it may not suffice if you sustained significant injuries from the accident. Knowing your rights and legal options can empower you to protect your interests and seek fair compensation for your injuries.

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