What does it mean that Florida is a no-fault state?

Asked by: Ms. Deborah Abshire II  |  Last update: January 2, 2024
Score: 4.9/5 (34 votes)

What is No-Fault Law? The Florida No-Fault Motor Vehicle Law requires drivers to carry Personal Injury Protection (PIP) coverage as part of their auto insurance; this No-Fault coverage pays the insured's bills, regardless of fault, up to the limit of the insurance (minimum limit is $10,000).

What does it mean when Florida says it's a no-fault state?

Florida is one of the few states in the United States that operates under a no-fault auto insurance system. This means that drivers are required to carry personal injury protection (PIP) insurance, which covers medical expenses and lost wages regardless of who is at fault for an accident.

What does no-fault insurance cover in Florida?

Under Florida's current no-fault law each policyholder is required to have $10,000 in personal injury protection, or PIP as it's more commonly known. This coverage pays medical expenses incurred by the insured regardless of who's at fault in the accident, hence the term “no-fault.”

Should I carry no-fault insurance in Florida?

Yes! Florida is a no fault state. In fact, they are one of 12 different states throughout the country that have no fault laws on the books. Drivers in some states, like Kentucky, New Jersey, and Pennsylvania, can choose to opt out of a no fault policy, but in Florida, no fault insurance is mandatory.

Who pays for car damage in Florida?

Generally speaking, your property damage costs will be paid by your insurance company. However, if the other driver was at fault and you suffered significant injuries in addition to property losses, you can seek reimbursement through the other driver's insurance company.

What Does FL No Fault Law Actually Mean?

40 related questions found

Who pays for car damage in Florida no-fault law?

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.

Will my insurance go up if someone hits me Florida?

Now that you understand that no-fault does not mean that each driver is blameless, remember that insurance companies cannot raise your rates unless you are “substantially at fault” – more than 50%.

How does Florida no-fault accident work?

What is No-Fault Law? The Florida No-Fault Motor Vehicle Law requires drivers to carry Personal Injury Protection (PIP) coverage as part of their auto insurance; this No-Fault coverage pays the insured's bills, regardless of fault, up to the limit of the insurance (minimum limit is $10,000).

How do insurance companies determine fault in Florida?

In Florida, insurance company adjusters will typically determine fault. They will review police reports, driver accounts, and any other information collected that relates to the incident. After reviewing all of the available facts, they will declare who is at fault and to what degree.

What happens when car accident claim exceeds insurance limits in Florida?

If your losses from a car accident exceed the other driver's insurance limits, you have a closing window in which to file a lawsuit and pursue additional compensation. Under Florida Statutes, you have four years from the accident to file suit against any at-fault parties.

What is a no-fault deductible Florida?

Florida's No-Fault Accident System

In no-fault states, you don't pay a deductible to cover the costs of your accident, but you might have to cover a percentage of the total cost. You may also have to seek additional forms of compensation if you reach your policy limit.

What is a permanent injury under the Florida no-fault law?

Under Florida's no-fault law, which is §627.737, subsection two, a permanent injury is: a) significant and permanent loss of an important bodily function; b) permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement; c) significant and permanent scarring or disfigurement; ...

What are the two types of insurance for Florida's no-fault law?

The Florida No Fault Insurance Law requires you to have both Personal Injury Protection (PIP) and Property Damage Liability (PDL) insurance. Covers the cost of your injuries regardless of who is at fault for the accident.

How do car accidents work in Florida?

Florida is a no-fault state. This means drivers recover compensation for car accident injuries from their own required Personal Injury Protection (PIP) coverage after most crashes.

What happens if the person not at fault in an accident has no insurance in Florida?

Collecting damages from uninsured drivers

Florida is a no-fault state. This means your auto insurance company should pay the majority of your auto accident claim, up to a $10,000 limit. If the other driver is at fault, that driver's insurance company will cover the remaining 20 percent.

What is the financial responsibility law in Florida?

The Florida Financial Responsibility Law requires people who own or operate vehicles to have two types of insurance in order to ensure coverage for all types of accidents. These forms of insurance are personal injury protection (PIP) and property damage liability.

Can you get compensation if the accident was your fault in Florida?

In Florida, we follow the "pure comparative negligence" system – this system apportions damages between parties based on their percentage of fault. So, technically, a victim can recover damages even if he is 99% at fault for an accident. He can still get that 1% of damages.

Who is at fault in an accident in Florida?

Florida is one of only a few states with “no-fault” laws, for now, but that doesn't mean that no one has legal responsibility for the crash. The crash could be caused by a single negligent driver or by the contributory actions of two or more drivers, but someone (or multiple people) definitely caused it.

How long does at fault accident stay on insurance record in Florida?

In Florida, however, a crash goes on your record if you were issued a traffic citation as a result of the accident. Most stay on your record for three to five years, according to the Florida Department of Highway Safety and Motor Vehicles.

Is Florida a no-fault work state?

Florida is a “no-fault” state, but if your injuries are severe, permanent, or debilitating, you may still choose to file a claim.

What does liability insurance cover in Florida?

Liability coverage in Florida

If you cause an accident, liability insurance covers those injured or who suffer damages. Liability insurance never covers your injuries or damages to your property. It pays the other driver only. Property damage liability will cover the cost of any damage caused to another vehicle by you.

Is Florida a no-fault state parking lot?

Although Florida is a no-fault state, responsibility for a parking lot accident becomes a factor when a parking lot accident results in injuries that exceed PIP coverage.

How long do you have to file a claim for a car accident in Florida?

The statute of limitations for personal injury cases in Florida, including car accident cases, is four years. In other words, car accident victims have four years from the date the accident occurred to file a personal injury lawsuit against the at-fault driver.

Why did my car insurance go up $100?

While it can seem arbitrary, there are actual reasons you can see your price go up and down. Car insurance rates can change based on factors like claims, driving history, adding new drivers to your policy, and even your credit score.

Do you have to wait for police after car accident Florida?

Do you have to call the police after a minor car accident? No matter how minor the accident seems, you should call the police immediately after the accident if there was any extensive damage or any chance of injury.