No Fault Insurance in Tampa Florida
How Florida No-Fault Insurance Works
Florida’s no-fault system requires qualifying motor-vehicle owners or registrants to maintain the security required by Florida law. A compliant insurance policy includes Personal Injury Protection, commonly called PIP.
PIP can provide benefits without regard to who caused a covered motor-vehicle crash.
For a qualifying claim, PIP generally provides up to $10,000 in combined medical and disability benefits, plus a separate $5,000 death benefit.
Medical Benefits
PIP generally reimburses 80% of reasonable and medically necessary covered medical expenses.
Initial qualifying medical services and care generally must be received within 14 days after the accident.
If an authorized provider determines that the injured person had an emergency medical condition, qualifying medical reimbursement may be available up to the applicable $10,000 PIP limit.
If the injured person is determined not to have an emergency medical condition, medical reimbursement is generally limited to $2,500.
Lost-Income Benefits
PIP generally provides 60% of qualifying lost gross income and loss of earning capacity caused by the injury.
Florida law permits a named insured to elect an exclusion of lost-income benefits in specified circumstances, so the actual policy must be checked.
Can You Pursue the At-Fault Driver for Additional Damages?
Florida’s no-fault law does not mean PIP is the only possible source of compensation.
Florida law limits recovery for damages that PIP has paid or is legally required to pay. Other economic damages that are not covered or payable under PIP may be recoverable from a legally responsible party, depending on fault, insurance coverage, causation, and the facts of the case.
Pain and suffering is different.
Under Florida Statute §627.737, a person may recover damages for pain, suffering, mental anguish, and inconvenience in a covered motor-vehicle tort case only when the injury or disease consists in whole or in part of:
- significant and permanent loss of an important bodily function;
- permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement;
- significant and permanent scarring or disfigurement; or
- death.
Having medical bills greater than $10,000 does not by itself satisfy Florida’s pain-and-suffering threshold.
Comparative Fault Still Applies
Florida’s no-fault insurance system is separate from the question of who caused the crash.
In negligence actions covered by §768.81, damages are generally reduced according to the claimant’s own percentage of fault. A person found more than 50% at fault for his or her own harm generally may not recover damages.
The availability and amount of a recovery therefore depend on PIP, the nature of the damages, fault, available liability or UM/UIM insurance, the injury, and other facts.
Always Call a Tampa Auto Accident Lawyer
If you are seriously injured in an auto accident, speak to a Tampa Auto Accident Lawyer. Call the RHINO Lawyers at 844 RHINO-77 or 844-879-3213 to talk to our personal injury team who can advise you on Florida’s personal injury laws.
