Is Florida a No-Fault Accident State?

Bill Allen | September 12, 2023 | Car Accidents

Is Florida a No-Fault Accident State?

Automobile accidents are common occurrences in Gainesville, Florida. A recurring question for many post-accident is, “Is Florida a no-fault accident state?” The answer is yes. It is important to understand the concept of “no-fault” in Florida’s insurance landscape because it can significantly impact your legal options after a crash.

Attorneys at Allen Law Firm, P.A. can help you recover compensation for car accident injuries under Florida’s “no-fault” system.

Florida’s No-Fault Insurance System

Florida is a no-fault accident state. This has implications for how car accident claims are handled. It also affects how accident victims may pursue compensation.

Under a “no-fault” system, everyone involved in an accident must turn to their insurance carrier to cover post-accident medical expenses. This is true regardless of who caused the accident. This helps limit post-accident lawsuits since fault determinations are not required for compensation.

Personal Injury Protection (PIP) in Gainesville, FL

Florida’s no-fault insurance system features Personal Injury Protection (PIP). PIP coverage provides financial compensation for drivers after an accident.

Under this policy, PIP will compensate victims for up to 80 percent of medical expenses and up to 60 percent of lost wages related to the accident. Additionally, it may offer up to $5,000 in death benefits under Florida Code Section 627.736.

Property Damage Liability (PDL) in Gainesville, FL

Florida’s insurance system also requires Property Damage Liability (PDL) insurance coverage. PDL pays for damage to another person’s property caused by you or someone else driving your insured vehicle. 

According to the Florida Department of Highway Safety and Motor Vehicles, Florida drivers must also have $10,000 in PDL coverage. Note that with PDL claims, specifically, you can file a claim against the at-fault driver’s policy after a crash. In that sense, PDL claims are outside of the “no-fault” system. 

What Happens After an Accident?

After a car accident, Florida drivers will first tap into the PIP coverage under their automobile insurance policy. While the state’s no-fault system simplifies initial post-accident procedures, it also restricts one’s ability to sue a responsible driver. However, there are specific scenarios where this barrier can be overcome when PIP coverage is inadequate.

For example, state law permits victims to file lawsuits against a responsible party if they sustain a “serious injury.” Serious injuries include:

  • Significant and permanent loss of a key bodily function,
  • Permanent injury,
  • Significant and lasting scarring or disfigurement, and
  • Fatalities.

Victims with serious injuries can file a liability claim or lawsuit against an at-fault driver. This allows for recovering a broader range of damages, including compensation for pain and emotional suffering.

As noted above, you can also file a PDL claim against the at-fault driver after a crash. If your losses exceed your PIP policy limits, you may also be able to file a claim to recover those additional losses. An attorney can help you explore your options after an accident.

What Should I Do After An Accident?

A car accident can be unsettling. Many people experience physical, emotional, and financial setbacks in the aftermath. In the unfortunate event of an accident, however, keep these three points in mind:

  1. Seek Immediate Medical Attention: Florida law requires initial medical services to be sought within 14 days post-accident for PIP benefit eligibility. Be sure to seek medical attention for any injuries, whether minor or severe.
  2. Engage with Your Insurer: Even if you believe the other party is at fault, remember that your primary recourse for immediate medical expenses and lost income is your insurer in a no-fault state like Florida. However, if you believe you may be able to file a claim against the other driver, it is best to contact an attorney before speaking with the insurance company. Insurance companies do not have your best interests in mind.
  3. Consult Legal Counsel: Severe injuries may allow you to seek attention compensation. Consult with a personal injury attorney if you sustained significant or permanent injuries.

A seasoned car accident lawyer can help you determine what your case is worth and help you get the compensation you deserve.

Consult a Car Accident Lawyer in Gainesville, FL

It is important to understand that Florida is a no-fault insurance state. This system plays a significant role in handling car accidents. While streamlined in many ways, the system may seem convoluted when serious injuries occur.

Should a car accident occur, schedule a free consultation with the personal injury lawyers at

Allen Law Firm, P.A. in Gainesville, Florida. Our team has recovered hundreds of millions of dollars in compensation for accident victims since 2007.

Contact Our Gainesville Car Accident Law Firm in North Central Florida

If you need legal assistance, contact the Gainesville car accident lawyers at Allen Law Firm at your nearest location to schedule a free consultation today.

We have three convenient locations in North Central Florida:

Allen Law Firm, P.A. – Gainesville office
2550 SW 76th St #150
Gainesville, FL 32608
(877) 255-3652

Allen Law Firm, P.A. – Downtown Gainesville
621 W University Ave
Gainesville, FL 32601
(866) 928-6292

Allen Law Firm, P.A. – Ocala Office
112 S Pine Ave
Ocala, FL 34471
(352) 351-3258