Does Florida Still Require No-Fault Insurance?
Yes. Despite ongoing legislative discussion about repealing it entirely, Florida’s Personal Injury Protection requirement remains fully in effect today. A Fort Lauderdale car accident lawyer can confirm every registered vehicle owner must still carry a minimum of $10,000 in PIP coverage under Florida Statute § 627.736, regardless of what recent headlines may have suggested.
How Does PIP Actually Pay Out After a Crash?
Your own PIP coverage pays first regardless of who caused the accident, covering eighty percent of reasonable medical expenses and sixty percent of lost wages, up to the policy’s aggregate limit. This structure means even a driver who did absolutely nothing wrong still files their initial claim with their own insurer rather than the at-fault driver’s insurer.
- Minimum required PIP coverage: $10,000 per registered vehicle owner
- PIP pays 80% of medical expenses and 60% of lost wages
- Initial medical treatment must occur within 14 days of the crash
- Motorcycles are not covered by Florida’s PIP requirement at all
Does My Own Fault Affect My PIP Benefits?
No, not really, at least not in most standard circumstances. PIP pays regardless of who caused the accident, which is the entire point of a no-fault system, so even a driver found mostly at fault still receives their own PIP benefits for medical care and lost wages under the current statute. Comparative fault only becomes relevant if a claim later moves beyond PIP toward a lawsuit against another driver, at which point Florida’s modified comparative negligence rule applies instead.
Why Does the Fourteen Day Rule Matter So Much?
Florida law requires an injured person to seek initial medical treatment within fourteen days of the crash in order to preserve PIP benefits at all under the current statute. Missing this window can eliminate PIP coverage entirely, regardless of how legitimate the underlying injury actually turns out to be.
What Happens if My Injuries Exceed What PIP Covers?
Because PIP only covers a percentage of costs up to a relatively modest limit, many serious accidents produce medical bills that considerably exceed available PIP benefits within just the first few weeks of treatment. When this happens, an injured person generally needs to look toward the at-fault driver’s liability coverage or their own additional coverage to address the remaining costs.
When Can I Actually Sue the At-Fault Driver?
Florida’s serious injury threshold under Florida Statute § 627.737 allows an injured person to step outside the no-fault system and pursue the at-fault driver directly when the injury involves significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, or significant and lasting scarring or disfigurement. A Fort Lauderdale car accident lawyer evaluating a claim reviews the medical records closely to determine whether this threshold has genuinely been met.
What Evidence Actually Supports a Serious Injury Claim?
Meeting this threshold typically requires comprehensive medical documentation, objective diagnostic imaging such as MRI or CT scans, and often qualified medical testimony establishing the actual permanency of the injury involved. Insurance companies routinely challenge threshold claims aggressively, making thorough documentation essential from the very beginning of treatment.
Does PIP Cover Pain and Suffering?
No. PIP covers only medical expenses and lost wages up to the applicable policy limit, and it never compensates for pain, suffering, or emotional distress under any circumstances whatsoever. Recovering these kinds of damages requires meeting the serious injury threshold and pursuing a claim against the at-fault driver directly instead.
Was Florida’s No-Fault Law Actually Repealed in 2026?
No, despite what some outdated or inaccurate online sources may currently claim about this topic. A repeal bill was introduced during the 2026 legislative session but failed to advance, meaning Florida’s PIP requirement, the fourteen day rule, and the serious injury threshold all remain fully in effect today.
Who Can Help Evaluate a Claim Beyond PIP Coverage?
Loshak Law, PLLC represents Fort Lauderdale area clients after serious car accidents, evaluating whether the serious injury threshold has been met and pursuing full compensation beyond PIP’s limited coverage amount available under the policy.
