Understanding Florida’s No-Fault Insurance & When You Can Sue

How Does Florida’s No-Fault Insurance Work?

If you’ve been injured in a car accident in Florida, you may have heard the term “no-fault insurance.” Florida is one of only a few states that follow a no-fault system, meaning that your own insurance pays for medical expenses and lost wages after an accident—regardless of who caused it.

While this system is designed to streamline claims, it can also create confusion about when you can pursue additional compensation beyond your insurance coverage. This guide explains how Florida’s no-fault insurance works, when you can sue, and how an attorney can help you navigate your claim.

1. What is Florida’s No-Fault Insurance System?

Under Florida law, all drivers are required to carry Personal Injury Protection (PIP) insurance. This coverage provides up to $10,000 in benefits to cover:

Medical expenses (hospital bills, rehabilitation, doctor visits)
Lost wages (a percentage of your income if you’re unable to work)
Death benefits (in fatal accidents, PIP provides limited coverage for funeral expenses)

This means that even if another driver was at fault, your own insurance will pay your initial medical costs.

2. When Can You Sue After a Car Accident in Florida?

Because of the no-fault system, not all accident victims can immediately sue the at-fault driver. However, you can file a lawsuit if you meet one of these conditions:

A. Your Injuries Are “Serious” Under Florida Law

Florida law allows accident victims to step outside the no-fault system and sue the at-fault driver if they suffer a “serious injury,” which includes:

Permanent injury (a doctor must determine the injury won’t fully heal)
Significant and permanent scarring or disfigurement
Significant and permanent loss of a bodily function
Death (in wrongful death cases, the victim’s family can pursue damages)

B. Your Medical Expenses Exceed PIP Coverage

If your medical bills exceed the $10,000 PIP limit, you may be able to sue the at-fault driver for additional compensation.

C. You Suffered Non-Economic Damages

PIP only covers economic damages like medical expenses and lost wages. If you experienced pain and suffering, emotional distress, or loss of quality of life, you may be entitled to additional compensation through a personal injury lawsuit.

Learn more about how personal injury lawsuits work in Florida.

3. What Compensation Can You Recover in a Lawsuit?

If you qualify to sue, you can seek compensation for:

Medical expenses (current and future treatment)
Lost wages and reduced earning capacity
Pain and suffering (physical pain, mental anguish, emotional distress)
Property damage (repair or replacement of your vehicle)
Wrongful death damages (if a loved one was killed in the accident)

A skilled attorney will fight to maximize your settlement and hold the at-fault party accountable.

See our case results to understand what settlements look like.

4. Why You Should Work With a Car Accident Lawyer

Insurance companies often deny, delay, or undervalue claims to protect their bottom line. A lawyer can:

Determine if you qualify to sue under Florida law
Negotiate with the insurance company for a fair settlement
Gather evidence to prove fault and maximize compensation
Take your case to trial if necessary

At Jessica C. Fernandez, P.A., we have years of experience representing car accident victims and ensuring they receive the compensation they deserve.

Schedule a free case review today.

5. Frequently Asked Questions About Florida’s No-Fault Insurance

Can I choose not to use my PIP coverage?

No. Florida law requires that all drivers file a PIP claim first before pursuing other damages.

Do I still need an attorney if I have PIP?

Yes. A lawyer ensures you receive full compensation beyond what PIP provides, especially if you qualify to sue.

What if the at-fault driver is uninsured?

If the at-fault driver has no insurance, you may need to file a claim under your uninsured motorist coverage (UM/UIM).

Learn more about your legal options after an accident.

Contact a Tampa Car Accident Lawyer Today

If you’ve been injured in a Florida car accident, don’t navigate the complex no-fault system alone. Jessica C. Fernandez, P.A. is here to protect your rights and ensure you receive the compensation you deserve.

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