Is Florida A No Fault State

After a car accident in Florida, questions often flood in—who pays for medical bills, how claims are filed, and whether your injuries allow you to pursue legal action. These concerns are valid, especially given the unique nature of Florida’s insurance laws. Understanding the answers can make all the difference in protecting your health, financial stability, and legal standing. At Hersh Kirtman, we work closely with Boca Raton residents to clarify whether Florida is a no-fault state, what that actually means for your claim, and how certain circumstances might open the door to filing a lawsuit against the at-fault driver. This article outlines the essentials of Florida’s no-fault system to help you move forward with confidence and clarity.

What Is No-Fault Insurance?

No-fault insurance means that after a car accident, your own auto insurance policy pays for your medical bills and other qualifying expenses, no matter who caused the accident. This system is intended to speed up the claims process and reduce the burden on the courts.

Florida’s no-fault system relies on Personal Injury Protection (PIP) insurance, which:

• Covers up to 80% of medical costs related to the accident
• Pays for 60% of lost wages due to injuries
• Provides death benefits up to a set limit

However, this does not cover vehicle damage or allow unlimited recovery. It’s a structured system with limits, exceptions, and critical timelines.

Is Florida A No-Fault State?

Yes, Florida is a no-fault insurance state. As defined in the Florida Statutes (§627.730), all drivers must carry PIP coverage, and this applies regardless of who is responsible for the crash.

This legal structure is designed to:

• Minimize delays in receiving medical care
• Prevent excessive litigation over minor injuries
• Make insurers the first responders in financial recovery

But not all situations are covered under this umbrella.

Exceptions to No-Fault Insurance

While the no-fault rule is the default, serious injuries can take you outside that system. Florida law permits you to file a claim against the at-fault driver if you suffer:

• Significant and permanent loss of an important bodily function
• Permanent injury within a reasonable degree of medical certainty
• Significant and permanent scarring or disfigurement
• Death

These conditions must typically be documented by medical professionals, and the burden of proof falls on the injured party. When these thresholds are met, you’re no longer bound by PIP limits and can pursue damages like pain and suffering.

When No-Fault Insurance Isn’t Enough

PIP coverage only stretches so far. For many Boca Raton drivers, PIP limits are reached quickly, especially in moderate to severe accidents. Here’s what PIP won’t cover:

• Vehicle repairs
• Emotional distress
• Long-term care needs
• Full wage replacement

When that happens, you may need to file a personal injury claim to seek compensation from the at-fault party’s insurance. You also may consider Uninsured/Underinsured Motorist (UM/UIM) coverage, which can help if the at-fault driver doesn’t have enough insurance.

Michael Hersh

Founding Partner

A passionate advocate for injury victims, Michael transitioned from corporate law to fighting for individuals after a pivotal case defending an elderly couple. With over $100M in verdicts and settlements, he specializes in catastrophic injury and wrongful death cases, using his Trial Lawyers College training to powerfully tell clients’ stories.

Years of experience – Over 15 years
Elite Trial Advocate – Graduate, Trial Lawyers College
$35M Record Verdict – Catastrophic auto accident case

Get in touch: LinkedIn | Justia

What Are Florida’s Insurance Requirements?

Florida law mandates specific coverage levels to register and operate a vehicle legally. According to the Florida Department of Highway Safety and Motor Vehicles, every driver must carry:

• $10,000 in PIP (Personal Injury Protection)
• $10,000 in PDL (Property Damage Liability)

Notably, Bodily Injury Liability (BIL) is not required by law for all drivers. However, if you are involved in a serious crash and don’t carry BIL, you could face financial exposure and personal liability. Many drivers also choose optional UM/UIM coverage to protect against others’ lack of coverage.

How Can a Boca Raton Car Accident Attorney Help with Your Case?

When you’ve been injured in a crash, understanding Florida’s no-fault laws can feel overwhelming. As a local Boca Raton personal injury firm, we can help clients navigate these rules every day:

• Evaluate your injury to determine whether it qualifies for an exception
• Gather evidence and medical documentation
• Negotiate directly with insurance companies
• File lawsuits when insurers act in bad faith or settlement offers fall short

You shouldn’t have to figure this out alone while dealing with injuries. Whether you’re unsure if your policy is sufficient or whether you have a right to sue the at-fault party, we’re here to protect your rights and pursue what you’re truly owed.

Speak with a Boca Raton Car Accident Lawyer Today

If you’ve been involved in a crash and aren’t sure how Florida’s no-fault laws affect you, don’t wait. Contact a Boca Raton car accident lawyer at Hersh Kirtman now at 561.208.3700 to schedule a free consultation and get clarity on your legal options. We’re here to fight for the compensation and peace of mind you deserve, starting today.