What is the no-fault deductible in Florida?
Asked by: Nels Herzog | Last update: September 14, 2025Score: 4.2/5 (35 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.
Do I pay the deductible if 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.
Who pays deductible in no-fault accident?
Policyholders will generally pay the deductible before comprehensive coverage kicks in. Liability insurance. Liability coverage, which is required in California, doesn't involve deductibles but covers damages the policyholder causes to other vehicles, drivers, or property. Uninsured motorist coverage.
How does no-fault insurance work in FL?
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.
FAQ How does a PIP or No Fault Deductible work in Florida?
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.
Do insurance rates go up after no-fault accident 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. This includes any premium increase for liability, PIP, medical payments, or collision coverage.
Do I get my deductible back if I'm not at fault?
Yes, if you have to pay your deductible and you were not at fault, you may be able to get it back from the at-fault driver's insurance company. This is called subrogation. Your insurance company will pursue the at-fault driver's insurance company to recover the money paid for the damages, including your deductible.
Is it better to have a $500 deductible or $1000?
Remember that filing small claims may affect how much you have to pay for insurance later. Switching from a $500 deductible to a $1,000 deductible can save as much as 20 percent on the cost of your insurance premium payments.
How to avoid paying deductible?
- Choose not to file a claim until you have the money.
- Check your policy, as you may not have to pay up front.
- Work out a deal with your mechanic.
- Get a loan.
Who pays for car damage in no-fault state?
In no-fault states, each party carries insurance that pays for their own injuries, while the at-fault party typically pays for everyone's property damage.
What is a good deductible for car insurance?
$500 is the most common car insurance deductible. Not every type of car insurance coverage uses a deductible. A higher car deductible can lower your insurance premium. You pick your deductible when buying insurance.
What is the deductible law in Florida?
627.4025 for commercial lines residential coverages, an insurer may offer a deductible in an amount not exceeding 10 percent of the insured value if, at the time of such offer and at each renewal, the insurer also offers to the policyholder a deductible in the amount of 3 percent of the insured value.
Do I have to pay my deductible if the accident wasn't my fault in Florida?
You might have to pay the deductible if you were not at fault in a car accident. However, a personal injury lawyer can help you recoup all other accident-related expenses from the driver whose negligence caused the accident.
How long does a no-fault accident stay on your record in Florida?
Typically after 3-5 years, your violations and accidents are terminated and your record will clear.
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.
Do I have to pay deductible if I was not at fault with Allstate?
Will I have to pay my deductible if I'm not at fault? It's possible, but we will do our best to recover the amount paid from the person responsible, including your deductible.
What happens if my repairs cost less than the deductible?
Note that if the repair costs are less than your comprehensive deductible, you would pay for the repairs yourself because your insurer only covers damage that exceeds your deductible amount.
Do I have to pay deductible if I was not at fault with Geico?
Let's say your vehicle is damaged due to another driver's negligence. Once GEICO settles your claim, we'll likely seek to recover your deductible, as well as the amount we paid, from the negligent party or that party's insurance company.
Why do I have to pay a deductible if it's not my fault?
Insurance companies collect deductibles every time they settle a claim, so they don't care who was at fault. You would not be at fault if your car was stolen from a secure facility, but you would still pay a deductible if you filed an insurance claim.
Can the color of your car affect your insurance premium?
Does car color affect insurance rates? The color of your car doesn't affect your insurance rate. Instead, your insurance company uses other information, like your car's age, location, usage, and your driving record, to help determine insurance rates.
What does subrogation mean?
"Subrogation," or "subro" for short, refers to the right your insurance company holds under your policy — after they've paid a covered claim — to request reimbursement from the at-fault party. This reimbursement often comes from the at-fault party's insurance company.
What is accident forgiveness?
What is Accident Forgiveness? Available in select states, Accident Forgiveness is an auto insurance coverage option that potentially helps you avoid a rate increase after your first at-fault accident. Others on your policy can also benefit from Accident Forgiveness. But it can only be used once per policy.
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.
How to avoid insurance increase after accident in Florida?
The only way to avoid increased car insurance rates after an accident is if the other driver involved is found to be at fault and their insurance company covers all the damages. These are considered "not-at-fault" accidents.