Is Florida a no-fault state?
Asked by: Gennaro Gorczany | Last update: December 12, 2025Score: 4.7/5 (2 votes)
Who pays for car damage in a no-fault state in Florida?
When You Can Sue in a No-Fault State? In Florida, a no-fault insurance system means each driver's own insurance covers their car damage and medical expenses, regardless of who caused the accident. However, this does not mean you can never sue the other driver.
What does it mean that Florida is a no-fault state?
Unlike many others, Florida is a no-fault automobile insurance state. This means that all drivers are required by law to carry personal injury protection (PIP) insurance and other coverages. This ensures that certain costs incurred as a result of an accident are covered, no matter who is at fault.
What happens if you are at fault in a car accident in Florida?
Florida follows a fault-based system, meaning the person found responsible for causing the accident must compensate the other party for their damages, including medical expenses, vehicle repairs, and lost wages.
Can you sue in a no-fault accident in Florida?
If not, you may be able to sue, though the Florida no-fault law is very specific about when this is permissible. According to § 627.737, you can only sue for accident-related damages if it results in: Significant and permanent loss of an important bodily function. Permanent injury.
Florida Is A No Fault State, What Does That Mean? |The Reyes Firm
Can I sue someone for hitting my car in a no-fault state?
Determining who Can Be Sued for a No-Fault Accident
States that do not carry no-fault insurance laws allow a victim to pursue a claim against any driver found negligent in an accident. No-fault law states require that specific circumstances be met for litigation to be available.
What happens if person at fault has no insurance in Florida?
Any person in Florida who is found driving without the minimum amount of coverage will face very serious consequences. They could face license suspension, license plate confiscation, and even serious criminal charges.
Is it better to admit fault in a car accident?
You should not admit fault at the scene or following the incident until speaking with a car accident attorney. If you admit fault, insurance companies have legal responsibilities to cover damages. Your own insurance will have to pay for the damages to your and the other party's property.
Should I call my insurance if it wasn't my fault in Florida?
Yes, it is generally advisable to notify your insurance company even if the accident wasn't your fault. Most insurance policies require policyholders to promptly report any accidents or incidents, regardless of fault.
What is the 14 day accident law in Florida?
Under Florida's 14-day accident law, car accident victims must seek medical evaluation and treatment within 14 days of their crash. Failing to do so will prevent their personal injury protection (PIP) insurance carrier from paying the medical care providers who handled these services.
Does insurance go up if not at fault Florida?
This is outlined in the Florida Statutes § 626.9541, which prohibits insurers from increasing premiums or canceling policies due to accidents where the insured was not at fault.
What are the cons of no-fault insurance?
CONS: Fewer legal options: In most states, drivers with no-fault policies are restricted from suing unless the injuries meet a certain severity threshold. Potentially higher premiums: Some say no-fault insurance may lead to higher premiums due to more claims being filed.
How long has Florida been a no-fault state?
Florida was the second state to go with this system starting in 1971. That was when the Florida Legislature made an agreement with local insurance companies in Florida. This agreement covers any insured person who has been in a car accident up to $10,000, regardless of who's at fault for the accident.
Who pays for Fender Bender in Florida?
Due to Florida's no-fault laws, your insurance will pay for your auto repair after an accident you did not cause in Florida. However, if the costs of damages exceed your policy limits, you may qualify to recover additional compensation elsewhere.
Do you have to pay your deductible if you re not at fault in Florida?
In the State of Florida, you have to pay your deductible even if the accident was not your fault. Having said this, if another party is proven to be at fault in your accident, you may have the opportunity to claim compensation to recover the deductible from your insurance company.
Can I lose my house due to at fault car accident in Florida?
No, you cannot lose your home due to an at-fault car accident in Florida. The Florida homestead exemption protects your primary residence from being taken or sold to satisfy a judgment, even if you lose a car accident lawsuit.
What happens if you don't report an accident within 24 hours in Florida?
You may face a fine, as failure to report a reportable accident is a non-moving traffic infraction that is not a criminal act. In the event the accident was not investigated by police or other law enforcement personnel, failing to file a written accident report may result in a separate non-moving traffic infraction.
Who pays the damages that exceed the policy limits in Florida?
Who Pays for Damages That Exceed the Car Accident Policy Limits? While Florida's PIP insurance covers up to $10,000 in medical bills, you may still face damages beyond that. If this happens, you may seek additional compensation from: The At-Fault Driver: Through liability insurance or a lawsuit.
How long does an at fault accident stay on your insurance in Florida?
If you have several accidents on your record, this may place you in the high-risk category of drivers, requiring you to opt for non-standard insurance which can be costly. Typically after 3-5 years, your violations and accidents are terminated and your record will clear.
Why should you never admit fault?
Sometimes people believe that if they caused the accident, admitting fault will speed up the process and they can move on. However, admitting fault means that your insurance company may need to pay for damages, your insurance premiums could increase, and your driving record may reflect the accident.
Should I file an insurance claim if I am at fault?
If you damage someone else's vehicle during a significant collision, and you're at fault, you should always file a claim.
What happens if neither driver admits fault?
In cases where neither driver admits fault in a car crash, a personal injury lawsuit can become particularly complex. Your attorney will need to build a strong case by collecting evidence, interviewing witnesses, and presenting a compelling argument in court.
Is it worth suing an uninsured driver?
Suing the uninsured driver might not be worth it unless they are financially capable of satisfying a judgment. After a crash with an uninsured or underinsured driver, contact a car accident lawyer about your legal options.
What is the cheapest car insurance in Florida?
Geico offers the cheapest full coverage in Florida, with an average rate of $2,138 per year according to NerdWallet's January 2025 analysis. Full coverage in Florida costs an average of $3,992 per year, or $333 per month. If you want the cheapest policy possible, get minimum coverage.
What if the at fault party doesn t have enough insurance to pay my claim Florida?
Send a demand letter.
If the insurance company refuses to tell you how much is available, you could send a demand letter to the insurer that offers to settle your case for the full policy limit, as long as the at-fault driver has no assets of his own that would cover the costs of your injury.