Protecting The Rights Of Injury Victims Since 1987

Florida Car Insurance Coverages

Car Accidents And Florida Insurance Laws

Understanding car accidents and Florida insurance laws when seeking justice after a crash can be difficult. Insurance companies may take advantage of you and minimize your payouts. To avoid this, hire an experienced Orlando car accident lawyer early for your claim.

At Wieland & DeLattre, P.A., we have helped car accident injury victims in Orlando and Orange County, Florida, seek justice since 1987. It is for this reason that our Orlando law firm was named by the U.S. News & World Report as one of the Best Law Firms, and our attorneys are recognized by Super Lawyers.

Common Types Of Insurance Coverage For Car Accident Injuries In Florida

Some of the common types of car accident insurance coverage in Florida include:

Personal injury protection (PIP): Florida is a “no-fault” state, so PIP can cover some of the expenses regardless of whether you were at fault or not.
Property damage liability (PDL): It pays a minimum of $10,000 for another person’s vehicle damage coverage.
Uninsured/underinsured motorist (UM/UIM): It is not mandatory in Florida, but it is extremely beneficial in cases where the at-fault driver is uninsured or underinsured.

Our insurance law attorneys in Florida can negotiate with insurers to help ensure you receive the maximum compensation.

Understanding The Modified Comparative Negligence Rule In Florida

Florida follows a modified comparative negligence rule, also known as the 51% bar rule. The rule bars you from recovering damages if you are found to be more than 50% at fault. However, if you are only partially at fault, your full compensation will be reduced by the percentage of fault you bear.

Insurance companies and Florida courts determine fault with evidence from:

Police reports of the accident scene
Witness statements clarifying what happened
Photos and videos of the scene
Expert reconstruction (vehicle damage, skid marks and impact angles)

Our experienced lawyer can ensure that the fault is accurately determined.

Florida’s No-Fault (PIP) System And Serious Injury Threshold

Florida’s no-fault system requires you to first rely on PIP benefits. To obtain this coverage, you must seek medical treatment within 14 days after the accident.

Under Florida law, you must carry at least $10,000 in PIP, which covers:

80% of the required medical expenses
60% of lost wages
A death benefit of up to $5,000 per individual for surviving family members

However, the PIP benefits are limited. When injuries are severe, you may step outside the no-fault system and pursue a claim against the at-fault driver. To do so, you must meet Florida’s statutory “serious injury threshold” by proving:

Permanent scarring or disfigurement
Permanent or significant loss of a bodily function
A permanent injury within a reasonable degree of medical probability
Death

Our car accident attorneys can work closely with medical professionals to document the full extent of your injuries for a strong claim against the at-fault driver.

What Damages Can You Claim After A Florida Car Accident?

Florida law allows you to pursue compensation for both economic and noneconomic damages when the legal threshold is met. Economic damages compensate for measurable financial losses such as:

Medical expenses such as emergency care, surgery, rehabilitation, future treatment and assistive devices
Lost wages while recovering
Loss of earning capacity
Property damage, including vehicles
Out-of-pocket expenses such as home modifications

Noneconomic damages may also be available and provide compensation for nonmonetary losses such as:

Pain and suffering
Mental anguish and distress
Loss of enjoyment of life
Loss of consortium for family members
Disfigurement and scarring affecting quality of life

When a car accident in Florida results in death, surviving family members may pursue a wrongful death claim to recover funeral and burial expenses. What you need to know is that the deadline for wrongful death claims is generally two years from the date of death.

Liability Coverages In Florida: Property Damage And Bodily Injury

Liability forms a critical layer of Florida car insurance coverage for any driver on the road. Property Damage Liability (PDL) covers damage you cause to another driver’s vehicle or property. Florida’s $10,000 PDL minimum often falls short in multi-car crashes or when late-model vehicles are involved. Many drivers carry higher limits – $50,000 or $100,000 – to reduce out-of-pocket exposure.

Bodily Injury (BI) liability covers injuries you cause to others and funds your legal defense when someone sues you. Florida does not require most drivers to carry BI, but medical claims can escalate quickly. Drivers with DUI convictions must file an FR-44, which mandates significantly higher minimum coverage limits.

Uninsured And Underinsured Motorist Coverage

Because Florida car insurance coverage requirements do not mandate bodily injury liability, many drivers on the road carry no protection for people they injure. Uninsured and underinsured motorist (UM/UIM) coverage fills that gap, stepping in when the at-fault driver has no insurance or not enough to cover your losses. UM/UIM can pay for medical bills, lost income, and pain and suffering.

Drivers can choose between non-stacked and stacked UM policies. Stacking combines limits across multiple insured vehicles and can substantially increase the benefits available after a serious crash.

Collision And Comprehensive Coverage

Collision coverage repairs or replaces your vehicle after a crash, regardless of fault, once you meet your deductible. Comprehensive coverage handles noncrash losses – theft, vandalism, fire, flooding and animal strikes. Lenders typically require both on financed or leased vehicles. Your deductible choice directly affects your monthly premium and what you pay out of pocket after a claim.

Medical Payments Coverage And Other Helpful Add-Ons

Medical Payments (MedPay) coverage picks up where PIP leaves off. It covers copays, deductibles and bills PIP does not fully pay for you and your passengers. Several optional add-ons can also strengthen your automobile insurance protection, including:

Rental reimbursement while your vehicle is being repaired
Towing and roadside assistance
Gap coverage for financed vehicles that are totaled
OEM parts endorsements for factory-original replacement parts
Rideshare or delivery endorsements for drivers working for services like Uber or DoorDash

The right combination of add-ons depends on how you use your vehicle and how much protection you want.

What “Full Coverage” Really Means In Florida

“Full coverage” carries no legal definition under Florida law. Most people use the term to describe state minimums – PIP and PDL – combined with collision and comprehensive. That package can still leave out BI and UM/UIM, which rank among the most valuable protections any driver can carry.

After a crash, Florida car insurance coverage typically works in layers – PIP pays first, then MedPay or health insurance picks up remaining costs, and UM or the at-fault driver’s BI covers what is left. Our attorneys recommend BI and UM limits of at least $100,000 per person and $300,000 per accident for meaningful protection in serious injury cases. Knowing how your Florida car insurance coverage works before a crash puts you in a far stronger position when it matters most.

A Step-By-Step Overview Of Filing A Claim After A Car Accident

The general four-year limit for Florida personal injury claims was reduced to two years on March 24, 2023. Therefore, the statute of limitations for both wrongful death and personal injury is two years.

Generally, you should follow these steps when filing a claim:

Move to safety to prevent further harm
Call 911 to inform the police and request medical assistance
Take photos and videos, and collect witness contact information
Seek medical attention for stronger evidence
Contact an auto accident lawyer for early legal guidance
Report the accident and injuries to the insurance carrier
Enter into negotiations with the insurance company
Reach a settlement to resolve the case

If the insurance cannot offer a fair settlement, litigation may be necessary to pursue full compensation. Our attorney can guide you on when litigation may be in your best interest.

Schedule A Meeting With An Orlando Car Accident Lawyer

Understanding car accidents and Florida insurance laws can feel overwhelming. That is why our insurance law lawyers in Florida will help you understand everything before filing a claim. At Wieland & DeLattre, P.A., we serve clients in Orlando and Orange County, Florida. Call us at 407-841-7699 or email us today to schedule your free consultation.