Is PIP Required in Florida?

A serious accident can change everything in seconds. One moment you’re driving through Boca Raton, and the next, you’re facing injuries, hospital visits, and confusing insurance questions. A common concern we hear is, Is PIP required in Florida? Yes, Personal Injury Protection (PIP) insurance is required in Florida. As a no-fault state, Florida requires all drivers to carry PIP coverage to pay for their own medical expenses and certain other costs after an accident, no matter who was at fault.

At Hersh Kirtman, we understand how overwhelming this process can be. That’s why we help people across South Florida take the next step, whether reviewing coverage or exploring legal options, with clarity and confidence. When you work with an experienced Boca Raton personal injury lawyer, you gain an advocate who can protect your rights and guide you toward the best possible outcome.

Personal Injury Protection (PIP) Insurance in Florida

Florida law mandates that all vehicle owners carry a minimum of $10,000 in Personal Injury Protection coverage. So, is PIP required in Florida? Absolutely, according to the Florida Department of Highway Safety and Motor Vehicles, PIP coverage is a legal requirement and a foundational part of the state’s no-fault insurance system. Understanding this requirement is key when navigating any personal injury claim in the state. Personal Injury Protection insurance helps pay for:

• Medical treatment related to the accident (up to 80% of expenses)
• Lost wages (up to 60%)
• Death benefits

Having this coverage in place can be the difference between timely access to care and being left with significant out-of-pocket costs. 

Florida’s No-Fault Insurance System and What It Means for Your Claim

Under Florida’s no-fault system, accident victims must file claims through their own PIP insurance before pursuing any further legal action. This means you generally cannot sue the at-fault driver unless your injuries are serious.

To be eligible to step outside the no-fault system and file a personal injury lawsuit, your injuries must meet the “serious injury” threshold as defined under Florida Statute § 627.737, which may include:

• Permanent or significant loss of a bodily function
• Permanent injury within a reasonable degree of medical probability
• Significant and permanent scarring or disfigurement

If your injuries fall into one of these categories, you may have grounds to seek damages beyond PIP coverage, such as for pain and suffering.

Steps to File a Personal Injury Lawsuit After an Accident

Sustaining serious injuries in a car accident may entitle you to file a personal injury claim. Here are the essential steps to get started:

1. Report the Accident: Under Section 316.065, Florida Statutes, any crash involving injury, death, or property damage over $500 must be reported to local law enforcement. If no officer responds, you’re required to file a crash report online.
2. Collect Insurance Information: Per Section 324.242(2), Florida Statutes, insurance information may only be released to involved parties, their attorneys, or insurance representatives.
3. Seek Medical Treatment Promptly: PIP coverage requires treatment within 14 days of the accident. Delayed care can affect both your insurance benefits and legal standing.
4. Document Everything: Keep records of medical visits, police reports, photos from the scene, and any communications with insurers.
5. Consult a Personal Injury Attorney: Legal guidance ensures you avoid missteps and understand when your case may qualify beyond no-fault limits.

When Can You Pursue a Lawsuit Beyond PIP Coverage?

You can file a personal injury lawsuit beyond PIP coverage when your injuries meet the serious injury threshold or when costs exceed PIP limits. Common scenarios include long-term disability, extended medical treatments not covered by Personal Injury Protection, and emotional distress and pain & suffering.

In these cases, you’re not limited to what PIP offers. You may seek full compensation for economic and non-economic damages from the at-fault party. However, pursuing this path requires clear evidence and strong legal representation.

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

Why You Should Contact a Personal Injury Lawyer for Your Case

Navigating Florida’s personal injury laws is challenging, especially when insurers aim to minimize your claim. An experienced attorney helps assess whether your injury meets the serious injury threshold, ensures important evidence is preserved, negotiates with insurers, and represents you in court if needed. 

Our team is dedicated to protecting your rights and pursuing the compensation you deserve. If you’ve suffered an injury in Boca Raton or elsewhere in Florida, don’t leave your case to chance.

Get Legal Help for Your Personal Injury Lawsuit

Time is critical in personal injury cases, especially in a no-fault state like Florida. Many people wonder, Is PIP required in Florida? The answer has major implications for your case. Whether you’re facing medical bills or trying to figure out what your policy covers, our team is here to make the process clearer and less stressful. Contact Hersh Kirtman at 561.208.3700 for a free consultation and learn how we can help you move forward with confidence.