Florida Car Accidents: Determining Which Insurance Pays

Imagine that you’re cruising down a sunny Florida road, enjoying your day, when suddenly—bam! You’re in a car accident. The shock hits, then the questions flood in: Who pays for my medical bills? What about the damage to my car? 

Florida’s car insurance system can feel like a maze, but understanding the basics can help you protect yourself and your finances.

At The Leach Firm, P.A., we’ve been helping Floridians recover after car accidents for years. Our goal is to make sure you get the compensation you deserve. Let’s break down Florida’s car insurance laws so you know what to expect if the unexpected happens.

Florida’s No-Fault System: The Basics

Florida is a “no-fault” state when it comes to car insurance. But what does that actually mean? In simple terms, your own insurance covers your medical expenses and lost wages—no matter who caused the accident.

Details About No-Fault Insurance

Personal Injury Protection (PIP): Florida law requires drivers to carry at least $10,000 in PIP coverage. This pays 80% of your medical bills and 60% of lost wages after an accident.

14-Day Rule: To access your PIP benefits, you must seek medical treatment within 14 days of the accident. Miss this window, and you risk losing those benefits.

No Rate Increases for Non-Fault Accidents: Florida law prevents your insurance company from raising your rates due to the accident if you’re not at fault.

Benefits and Limitations of No-Fault Coverage

The no-fault system offers quick access to coverage for minor injuries without the need to prove fault. But it has its downsides. PIP benefits have limits, and if your injuries are severe, the coverage might not be enough to cover all your expenses.

Serious Injuries and Fault: When You Can Seek More Compensation

Sometimes, the injuries from a car accident go beyond minor aches and pains. Florida law allows you to step outside the no-fault system and pursue compensation from the at-fault party if your injuries meet specific criteria.

What Qualifies as a Serious Injury in Florida?

Under Florida law, a “serious injury” causes:

• A significant and permanent loss of an important bodily function.
• A permanent injury that’s confirmed with reasonable medical certainty.
• Permanent and significant scarring or disfigurement.
• Death.

Additionally, injuries classified as emergency medical conditions—requiring immediate treatment to prevent serious harm to one’s health—might qualify for extra compensation. 

These conditions highlight the severity of the situation and may open the door for further claims.

Types of Car Insurance Coverage in Florida

Florida’s no-fault system is just one piece of the puzzle. Let’s look at the different types of car insurance coverage available and how they apply in an accident.

Personal Injury Protection (PIP)

PIP is mandatory in Florida and covers:

• Medical Expenses: Pays 80% of your medical bills up to $10,000.
• Lost Wages: Covers 60% of wages lost due to injuries from the accident. Regardless of who caused the accident, your PIP coverage helps ensure you get medical attention and financial support quickly.

Bodily Injury Liability (BI)

BI coverage is optional in Florida, though it’s strongly recommended. It pays for:

• Medical expenses for other people injured in an accident you caused.
• Legal costs if someone sues you for their injuries. This type of coverage helps protect your finances if you’re found responsible for causing harm to others.

Property Damage Liability (PD)

PD is mandatory in Florida and covers:

• Damage you cause to someone else’s property, such as their vehicle, fence, or building. This ensures you can compensate others for property damage without paying out of pocket.

Collision Coverage

Collision insurance is optional and covers:

• Repairs to your own vehicle, regardless of who caused the accident. This is particularly useful if your car is damaged in a crash and you need it fixed quickly.

Comprehensive Coverage

Comprehensive insurance is also optional and pays for:

• Damage to your vehicle from non-collision events, such as theft, vandalism, natural disasters, or a fallen tree. This coverage protects you from events outside typical traffic dangers. l

Uninsured/Underinsured Motorist (UM/UIM) Coverage

UM/UIM coverage is optional but highly recommended. It covers:

• Medical expenses and damages if a driver hits you without insurance or with insufficient coverage. Since not all drivers carry adequate insurance, UM/UIM can be a lifesaver if you’re in an accident with an uninsured or underinsured motorist.

Filing a Claim

Filing a claim with your insurance company as soon as possible is crucial. Here’s how to do it:

1. Report the accident to your insurer, providing details about what happened.
2. Document the damage with photos and collect contact information from witnesses and the other driver.
3. Follow up with your insurer to ensure your claim is processed quickly.

Third-Party Liability: When Others Are Responsible

Sometimes, accidents aren’t entirely the fault of another driver. Other parties could share responsibility, such as:

• Government Entities: Poorly maintained roads or faulty traffic signals.
• Vehicle Manufacturers: Defective parts or systems in your car.
• Mechanics or Repair Shops: Improperly repaired vehicles.

Proving someone else is at fault often needs expert help and strong evidence. It’s important to act fast if you think another person caused the accident.

Time Limits and Legal Action

If you need to file a lawsuit after a car accident, you don’t have much time. In Florida, you have two years to file a personal injury or wrongful death claim. The deadline could be even shorter if your claim is against the government.

If you miss these deadlines, you could lose your chance to get compensation. That’s why it’s important to act quickly.

Confused About Your Car Accident Claim? We Can Help

A car accident can throw your life into chaos. Medical bills pile up, your vehicle needs repairs, and insurance companies can feel like they’re working against you. That’s where we come in.

At The Leach Firm, P.A., we’re committed to helping you get back on your feet. If you’ve been injured in a Florida car accident, don’t face it alone. Contact us today at 844-722-7567 for a free consultation. Let us fight for the compensation you deserve—so you can focus on what matters most: healing and moving forward.