Yes, Florida is a no-fault state. Florida being a no-fault state for car insurance means all Florida drivers are required to purchase personal injury protection (PIP) insurance to cover their own medical bills after an accident regardless of who was at fault. Additionally, no-fault laws in Florida place limitations on a driver’s right to sue after an accident. Drivers in Florida can only sue if the injuries are permanent or the accident resulted in more than $10,000 in damages.
Florida uses a pure comparative negligence system, meaning drivers can collect damages proportionate to their fault in causing the crash. For example, if they're 99% at fault, they can get 1% from the other driver.
Key Things to Know About No-Fault Insurance in Florida
Faster payouts. Police and your insurance company don't need to fully investigate the accident’s cause before you can get paid for your medical bills. As a result, your bills get paid more quickly than they would in a tort state, where fault for the accident determines the payout.
Coverage for medical expenses. Another benefit of having to carry PIP insurance is the knowledge that you're covered no matter who causes an accident. That can make driving in Florida a bit less nerve-wracking.
Higher premiums. Car insurance in Florida costs $2,313 per year, on average, while the national average cost of car insurance is $1,407 per year. States with no-fault laws typically have higher average car insurance costs due to the required PIP insurance.
Property damage is not covered. No-fault rules don’t apply to property damage. One or more drivers will be at fault after a collision, no matter which state you live in. The police and insurance companies consider Florida law, the circumstances of the collision, and drivers’ testimonies before deciding who is at fault.
No-fault state means that drivers are responsible for their own medical expenses in the event of an accident regardless of who causes the collision. In most no-fault states, drivers are required to use personal injury protection (PIP) insurance to cover their own medical bills and related expenses.
Additionally, no-fault states restrict your … read full answerright to sue for damages to only state-specified cases where severe injuries are sustained or expenses surpass a certain threshold.
These rules only apply to bodily injuries, though. Whichever driver is found to be at fault, according to the state’s negligence laws, will still be responsible for the victim’s property damages.
What Key Features of No-Fault States Mean for Drivers
Basic medical bills
Each driver uses their own insurance to cover basic medical expenses.
Replaces compensation that would have been collected from the at-fault driver.
Claim payment time
Insurance claims are paid out quickly since there is no need to establish fault first.
Right to sue
Drivers are only allowed to sue the at-fault party if injuries or costs are severe.
More expensive than tort states, on average – partly due to higher rates of fraud.
Types of no-fault states
Nine states require all drivers to operate within the no-fault system.
Three states allow drivers to opt-out of the no-fault system.
Several other states offer optional PIP insurance, without the legal restrictions, giving drivers extra coverage in an accident.
The opposite of a no-fault state is called a tort state. In tort states, drivers are not limited in their ability to sue after an accident, and fault is used to determine responsibility for both bodily injury costs and property damage.
The first thing you should do after a car accident that is not your fault is to make sure everyone inside your car is safe and uninjured. Next, call the police, take pictures of the scene, and exchange insurance information with the at-fault driver so you can file a claim with their insurer. You should also report the accident to your insurance company in case you need to file a … read full answercollision, personal injury protection, or MedPay claim with your own policy.
What to Do After a Car Accident That’s Not Your Fault
Move your car away from oncoming traffic and address any injuries. If your car is driveable you should try to move your car out of harm’s way to avoid further accidents or injuries.
Call the police and file a report. This will help you further along the way when filing an insurance claim since a police report will most likely determine fault.
Get the other driver’s insurance information. Take a photo of their insurance card so that you can get in touch with their insurer if you need to file a liability claim.
Take pictures of the scene and damage to the cars. Insurers require evidence before they can settle a claim. Having pictures from the incident will help speed up the claim process.
Report the accident to your insurance company. Even if you don’t file a claim with your own insurance, you should still report the accident to your insurer since they might need to update information related to your vehicle.
Document any accident-related expenses. An accident can incur a bunch of hidden costs. Make sure you keep track of all expenses related to the accident so that you can be reimbursed.
File a property damage and/or bodily injury claim with the other driver’s insurance company. Having gathered all the pertinent information, contact the at-fault driver’s insurer and file a claim. Make sure you have all the information and documents mentioned above so that the process goes as smoothly as possible.
Filing an Insurance Claim When You’re Not at Fault
If an accident is not your fault, you can file a claim with the at-fault driver’s liability insurance. This will cover the cost of vehicle repairs and medical bills up to the limits of the driver’s policy.
Because it can take a long time for an insurance adjuster to officially determine fault, however, you can initially file a collision or personal injury claim with your own insurer to cover vehicle repairs and medical expenses, regardless of fault. Once fault is determined, your insurance company will recover the expenses from the at-fault driver’s insurer, and your deductible will be refunded.
You need personal injury protection (PIP) insurance if you live in one of the 12 states that require it. You should also get PIP if your health insurance has low coverage limits or if you drive with passengers who could hold you responsible for their medical expenses in the event of an accident.… read full answer
In the 20 states (plus Washington, D.C.) where it is required or offered as optional protection, PIP covers medical expenses for the policyholder and his or her passengers after an accident, no matter who was at fault. However, PIP is not available at all in the 30 other states.
Always check with your insurance company or an agent for specifics on what coverage is required or available in your state before you determine what to include in your policy.
What Does PIP Cover?
Health insurance deductibles
Home care such as cleaning or child care
If you are in a car accident, PIP often works in conjunction with your health insurance coverage. Most health insurance deductibles must be paid before benefits start to be paid out, but your PIP may have a cheaper deductible, or no deductible at all.
How Does PIP Work With MedPay?
PIP insurance may overlap with another kind of car insurance known as Medical Payments, or MedPay. Like PIP, MedPay covers the costs of medical care resulting from of an accident, no matter who was at fault. Also like PIP, MedPay covers injuries to any passengers in your car. However, it does not pay for lost wages, rehabilitation or home-care services, which PIP would cover.
The way PIP and MedPay may work together depends on your state’s laws. If you live in one of the 12 states that require PIP, MedPay could be redundant. State limits on PIP vary widely, from $3,000 in Utah to New York’s $50,000 requirement. If your state has a low upper limit on PIP, MedPay coverage could act as a beneficial supplement. In a couple states – namely, Maine and New Hampshire – MedPay is used instead of PIP.
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