Florida is a No-Fault State – What Does That Mean?

According to the Florida Department of Highway Safety and Motor vehicles (FLHSMV), there have been 154,680 car accidents in the state so far in 2024. These numbers are and should be alarming for anyone who spends time on the road in Florida, as they indicate a good chance that at some point, we may end up involved in an accident ourselves. For this reason, it’s a good idea for those who drive in Florida to have a thorough understanding of the state’s no-fault liability laws. Read on to learn more about this standard and how it could affect your own legal options following a car accident.

No-Fault Auto Insurance 

All states have their own models when it comes to assigning fault for car accidents and Florida is one of the few states that continues to adhere to a no-fault system. This means that unlike fault-based states, where those who are responsible for car crashes are required to compensate the victims, in Florida, all drivers must first look to their insurers after an accident regardless of fault. This is why all drivers in Florida are required to carry Personal Injury Protection (PIP) insurance of at least $10,000. When involved in a car accident, injured parties can file a claim under these policies seeking compensation for their losses, even if they were the ones at fault for the crash. PIP insurance will, however, only cover up to the limits of the policy, which are quickly exceeded in most car accident cases.

Stepping Outside the No-Fault System 

Fortunately, not all car accident victims are bound by Florida’s no-fault standard. Those who sustain serious bodily injuries, for instance, can step outside the no-fault system and file a claim against the at-fault party in court. To qualify as a serious bodily injury, however, an injury must be a physical condition that creates:

• A substantial risk of death;
• Serious personal disfigurement;
• The protracted loss of a bodily member or organ; or
• The protracted impairment or permanent injury of the functioning of a bodily member or organ.

Only when a victim can prove that this standard has been met can he or she attempt to recover compensation in court by demonstrating that another driver’s careless actions caused his or her accident.

Florida’s No-Fault Laws Can be Complicated 

Although Florida’s no-fault auto insurance system makes it simpler for accident victims who are involved in minor crashes to recover for their losses, things can become a lot more complicated when injuries are serious or there was serious property damage. In these cases, having an experienced attorney on your side can prove invaluable to your claim.

Call Anderson & Anderson for Help 

If you or a loved one were injured in a car crash in Tampa, FL and need legal advice, feel free to contact the experienced Tampa car accident attorneys at Anderson & Anderson today. Call us at 813-251-0072 to get started on your initial case evaluation. You can also set up a meeting with us by sending our legal team an online message.

Source: 

flhsmv.gov/traffic-crash-reports/crash-dashboard/