Florida’s No-Fault Insurance

Florida’s car insurance system is different from most other states. After a crash, many drivers expect the at-fault party’s insurance to immediately cover their medical bills and lost wages. In Florida, that is often not how it works. Instead, most injury claims start under the state’s no-fault insurance rules, which can be confusing and frustrating for people who are already dealing with pain, missed work, and mounting expenses.

At Friedman Rodman Frank & Estrada, we help accident victims across Miami and South Florida understand how Florida’s no-fault system works, what it covers, and when you are legally justified to step outside of it to pursue additional compensation. Knowing these rules early can protect your claim and prevent costly mistakes.

Florida’s no-fault system requires most drivers to carry Personal Injury Protection (PIP) insurance. After a crash, your own PIP coverage typically pays first for certain losses, regardless of who caused the accident. This system was designed to reduce small lawsuits and get medical bills paid quickly, but it often leaves injured people surprised by how limited the benefits really are.

PIP coverage applies to many common accident scenarios, including collisions involving private vehicles, rental cars, and even some rideshare situations. However, it does not apply in every case, and the amount it pays is capped.

Under Florida law, PIP generally pays up to $10,000 in benefits for covered injuries. These benefits are divided into categories. Medical expenses are typically covered at 80 percent of reasonable and necessary costs, while lost wages are covered at 60 percent, subject to the policy limit. PIP may also provide a small death benefit in fatality cases.

One important detail is that full benefits are only available if a medical provider determines that the injury qualifies as an emergency medical condition. Without that finding, PIP benefits may be limited to a much lower amount. This makes early medical evaluation especially important after any crash.

PIP coverage is broader than many people realize. It can apply to the named insured on the policy, household relatives, passengers in the insured vehicle, and sometimes pedestrians or bicyclists struck by a car. The exact source of coverage depends on the injured person’s relationship to the vehicle and whether they have their own auto insurance.

Sorting out which policy applies is not always simple, particularly when multiple vehicles or insurance policies are involved. Mistakes at this stage can delay benefits or reduce available coverage.

While PIP can help with immediate expenses, it often falls far short in serious injury cases. Hospital stays, imaging, physical therapy, and time away from work can quickly exceed the $10,000 limit. PIP also does not compensate for pain and suffering, emotional distress, or loss of enjoyment of life.

Because of these limitations, Florida law allows injured people to pursue a claim against the at-fault driver outside the no-fault system if their injuries meet certain thresholds.

You may pursue a bodily injury claim against the at-fault driver if your injuries involve significant or permanent conditions. This can include permanent injury, significant scarring or disfigurement, or loss of an important bodily function. Once outside the no-fault system, you may seek compensation for the full range of damages, including pain and suffering.

Determining whether your injuries meet this threshold often requires careful medical documentation and legal analysis. Insurance companies frequently dispute the seriousness of injuries to try to keep claims within the no-fault framework.

Even though PIP pays regardless of fault, responsibility becomes critically important once you pursue a claim beyond PIP. Florida uses a modified comparative negligence system, meaning fault can be shared among multiple parties and directly affects the amount of compensation you can recover. In complex crashes, insurers may attempt to shift blame to reduce their exposure.

Early investigation and evidence preservation help ensure fault is assigned fairly and based on facts rather than assumptions.

Many injured drivers run into issues with delayed payments, denied treatment, or disputes over whether care was reasonable and necessary. Insurers may challenge medical bills, require extensive paperwork, or cut off benefits prematurely. Other carriers argue that injuries were pre-existing or unrelated to the crash.

These disputes can be overwhelming without guidance. That is why many people seek help from the best Miami car accident lawyer they can find, not because of labels, but because navigating Florida’s no-fault rules can be complex, and requires both experience and precision.

Although PIP claims may seem straightforward, mistakes can limit your recovery. Statements made to insurance adjusters, gaps in treatment, or missed deadlines can all be used against you later. At Friedman Rodman Frank & Estrada, we help clients manage PIP benefits while also evaluating whether additional claims should be pursued against at-fault drivers or other responsible parties.

Our goal is to make sure no source of compensation is overlooked for your damages and that insurers follow the law.

Florida law generally gives accident victims two years to file a personal injury lawsuit. Missing this deadline can permanently bar recovery, even if the injuries are severe. Acting early allows time to secure medical opinions, preserve evidence, and determine whether stepping outside the no-fault system is appropriate.

If you were injured in a Florida car accident, understanding no-fault insurance is essential to protecting your rights. Friedman Rodman Frank & Estrada can review your coverage, explain your options, and help you pursue full compensation when injuries go beyond PIP limits.

Call 305-448-8585 today for a free consultation. We handle car accident cases on a contingency fee basis, which means you pay no legal fees unless and until we recover compensation for you.