Florida is a No-Fault Insurance State
Florida operates under a no-fault system, which means that if you are a Florida driver, you are required to purchase insurance called personal injury protection (PIP). PIP covers your own injuries if you are involved in a car accident. Regardless of who was at fault, your insurer will cover your personal injury damages, up to your policy limits, and the other driver’s insurer will cover his/her personal injury damages, up to his/her policy limits.
So if you are involved in an accident, your standard Florida no-fault policy will cover your personal injury damages, which include most of your medical expenses (up to your policy limit), some of your lost wages, possibly prescriptions and travel expenses, and possibly household help if recommended by your doctor. If you have a deductible, you must pay your full deductible before your coverage kicks in. If the other driver was at fault, his/her insurance will cover any property damage from the accident.
Because of the guaranteed payment of claims through the PIP insurance, Florida drivers give up their right to sue for all but the most serious personal injuries sustained in a car accident. If the accident you are involved in results in death or some form of permanent injury, such as scarring or permanent physical impairment (paralysis, severed ligaments, etc.), Florida’s no-fault law allows you to sue the at-fault party to recover damages above and beyond your PIP coverage. However, a doctor must determine that you have sustained a permanent injury in order to recover under the Florida Automobile Act against the at-fault party.
