Florida follows a no-fault auto insurance system, meaning your own insurance pays for certain losses after a car accident—regardless of who is at fault for the car crash. This system relies on Personal Injury Protection (PIP) and Property Damage Liability (PDL). Understanding these coverages is essential for Florida drivers, especially after a collision.
What Is Personal Injury Protection (PIP)?
PIP is mandatory coverage in all Florida motor vehicle insurance policies. It provides immediate access to medical treatment and partial wage reimbursement without waiting for a fault determination. Because it applies regardless of who caused the accident, PIP is often called ‘no-fault insurance.’
Who Is Required to Carry PIP?
Florida law requires all Florida-licensed drivers who own a motor vehicle—and all registered vehicle owners—to carry PIP insurance. Motorcycles are excluded; motorcyclists are not required to carry PIP coverage.
What Does PIP Cover?
PIP provides benefits up to $10,000 per injured person, including medical expenses, lost wages, and death benefits.
1. Medical Expenses (80%)
PIP covers 80% of reasonable and necessary medical expenses such as ER visits, hospital care, diagnostic imaging, physical therapy, chiropractic care, prescription medications, and follow-up treatment. A diagnosed Emergency Medical Condition (EMC) allows access to the full $10,000; without an EMC, benefits are capped at $2,500.
2. Lost Wages (60%)
PIP reimburses 60% of lost income if your injuries prevent you from working. Documentation from an employer or physician is typically required.
3. Death Benefits
PIP includes a $5,000 death benefit to assist families with funeral and burial expenses.
How PIP Works After an Accident
After a crash, there are several critical steps to ensure you receive PIP benefits:
Notify Your Insurance Company
You must report the crash and open a PIP claim as soon as possible.
Complete a PIP Application
Your insurer will send you a form requesting details about your injuries, medical providers, and employment.
Seek Medical Treatment Within 14 Days
PIP benefits will be denied if you do not receive initial medical treatment within 14 days of the accident.
Medical Bills Are Sent to Your Insurer
Your doctors will submit bills directly to your PIP carrier, which is required to pay or deny them within 30 days.
Can You Pursue Compensation from the At-Fault Driver?
PIP is limited in both amount and scope. If your damages exceed PIP limits or you sustain a severe or permanent injury, you may pursue compensation from the at-fault driver through legal action. Permanent injuries can include significant scarring, disfigurement, broken bones, long-term disability, or permanent loss of bodily function.
Compensation Beyond PIP
Once PIP is exhausted, additional compensation may include remaining medical bills, full lost wages, pain and suffering (if injuries are permanent), future medical care, and vehicle repair costs. These claims may be brought against the at-fault driver’s Bodily Injury Liability (BI) coverage if available.
Why PIP Isn’t Always Enough
PIP often covers only a portion of total accident-related damages. Further financial recovery may come from bodily injury claims, uninsured/underinsured motorist coverage, health insurance, or collision coverage.
When you are not the at-fault driver in the accident, there are several reasons you would want to pursue legal action against the at-fault person. The legal process can certainly take a longer amount of time but can also result in maximizing the compensation you are entitled to.
DTT Legal Can Help
Florida’s No-Fault system can be complicated and overwhelming. When you are injured in an accident, the last thing you want to do is deal with insurance adjusters, reviewing insurance policies, filling out paperwork, and trying to figure out your legal options on your own.
At DTT Legal, we help you understand how Florida’s PIP laws may or may not apply to your situation. We will evaluate the full scope of your injuries and determine whether you may have additional claims against a negligent driver, business, or other responsible party. Our goal is to protect your rights, guide you through the process, and ensure you are informed about every legal option available to you.
If you’ve been injured in a South Florida accident, don’t navigate the aftermath alone. Contact DTT Legal today for a free consultation to discuss your case.