Florida Is A No-Fault State

How insurance companies compensate an injured driver varies from state to state and often tends to confuse the average motorist. Many different types of auto insurance systems exist in the fifty states. Florida uses a no-fault system to determine financial responsibility for a motor vehicle accident.

A no-fault insurance system is based on each involved party’s insurance provider, automatically paying for certain damages suffered by its insured. The notable characteristic of this system is that payment is made regardless of fault. Of course, there are exceptions, and this rule applies only up to a designated limit.

This system is distinct from a tort insurance system, in which a driver’s insurance carrier is financially responsible for causing a car accident and pays damages, even if fault is equal between the parties involved (50/50).

Florida motorists are required to have Personal Injury Protection (PIP) insurance which pays for their damages regardless of fault up to the limits of the policy. PIP covers a covered party’s children, household members, and certain passengers who do not own a vehicle and therefore do not carry PIP insurance.

Passengers in a vehicle involved in an accident who carry PIP will receive coverage under their own insurance policy for their damages. Not only does PIP coverage protect them while in someone else’s vehicle, but it also provides protection to them as a pedestrian or bicyclist.

PIP coverage also applies to certain licensed drivers who drive the insured’s vehicle with permission. PIP also covers the children of an insured party if they suffer an injury while riding on a school bus.

PIP covers the following expenses:

  • Lost wages or income
  • Costs of hospitalization
  • Prescription and non-prescription medication
  • Medical expenses
  • Surgeries

Florida’s insurance laws and the system they created are as confusing as any other state’s legislation and protocol in this area. Determining the maximum compensation to which any driver is entitled is not always an easy task. Experienced Florida motor vehicle accident attorneys may assist any injured motorist or passenger recover maximum compensation. 

Our law firm has consistently utilized its experience and expertise to develop a powerful philosophy that we employ on behalf of every personal injury client that we represent: Meticulous Preparation + Aggressive Advocacy = Achieving Justice. To discuss your case with a Sarasota personal injury attorney, call us at 941-748-2916, or contact us by e-mail. We have offices in Sarasota and Bradenton to serve you.

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