Florida’s No-Fault Insurance System
Florida operates under a no-fault auto insurance system. This means that after a car accident, each driver’s own insurance coverage pays for their initial medical expenses and lost wages, regardless of who caused the accident. Florida requires all drivers to carry:
- Personal Injury Protection (PIP): A minimum of $10,000 in PIP coverage, which pays 80% of medical expenses and 60% of lost wages up to policy limits
- Property Damage Liability (PDL): A minimum of $10,000 in property damage liability coverage
It is important to note that Florida does not require drivers to carry bodily injury liability (BIL) insurance, though many drivers do carry it voluntarily or as required by their lender.
When You Can Sue for Damages Beyond PIP
Florida’s no-fault system limits your ability to sue the at-fault driver unless your injuries meet certain thresholds. You may step outside the no-fault system and pursue a bodily injury claim against the at-fault driver if you have suffered:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Death
Our attorneys evaluate your injuries to determine whether you meet the threshold to pursue a claim for full compensation, including pain and suffering, against the negligent party.
Types of Auto Insurance Coverage
Beyond the minimum requirements, there are several types of coverage that can affect your recovery after an accident:
- Bodily Injury Liability (BIL): Pays for injuries you cause to others. While not required in Florida, it is essential protection.
- Uninsured Motorist (UM): Protects you when the at-fault driver has no insurance
- Underinsured Motorist (UIM): Provides additional coverage when the at-fault driver’s policy limits are insufficient
- Medical Payments (MedPay): Additional coverage for medical expenses regardless of fault
- Collision: Covers damage to your vehicle in a collision
- Comprehensive: Covers non-collision damage (theft, weather, vandalism)
Protecting Yourself with Adequate Coverage
We strongly recommend that Florida drivers carry coverage well above the state minimums. In particular, uninsured/underinsured motorist coverage is one of the most important protections you can have. A significant percentage of Florida drivers are uninsured or carry only minimum coverage that is wholly inadequate to compensate for serious injuries.
If you have been injured in an auto accident, contact Roselli & McNelis at (561) 826-0826 for a free consultation. We will review all applicable insurance coverage and pursue every available source of recovery.