Understanding Florida’s No-Fault Insurance and When You Can Still Sue
Florida’s no-fault insurance system helps drivers receive compensation quickly after car accidents, allowing injured individuals to access medical and wage benefits without waiting for court decisions. Yet many drivers remain unsure how this system affects their right to file a lawsuit for severe injuries. At Shapiro Law Group, we guide clients throughout Bradenton, Tampa Bay, and across Florida in understanding how no-fault coverage works and when it may still be possible to take legal action.
How Florida’s No-Fault Insurance System Works
Florida law requires every motorist to carry Personal Injury Protection (PIP) coverage, which provides up to $10,000 in medical and wage benefits, regardless of who caused the accident. The purpose is to deliver prompt compensation for immediate expenses and to reduce disputes over fault.
However, PIP coverage is limited. It does not include payment for pain, emotional distress, or long-term care. For severe or permanent injuries, these exclusions often leave victims struggling to recover financially. In such cases, a no-fault insurance lawyer can help determine whether your claim qualifies for additional compensation outside the no-fault framework.
What PIP Covers and What It Doesn’t
Under Florida Statute §627.736, PIP benefits include:
- Up to 80% of the necessary medical costs
- Up to 60% of lost wages if injuries prevent work
- Reimbursement for travel to medical visits
- A $5,000 death benefit
Treatment must begin within 14 days of the crash to receive benefits, and the policy limits still apply even if costs exceed coverage. PIP also excludes property damage, which must be recovered through separate insurance claims.
Because these limits can leave financial gaps, consulting with our personal injury lawyer early in the process helps protect your rights and ensures that all available sources of recovery are explored.
When You Can Step Outside the No-Fault System
Even under Florida’s no-fault rules, there are situations where victims can sue the at-fault driver. You may pursue a lawsuit if your injuries meet the serious injury threshold, which includes:
- Permanent loss of an important bodily function
- A permanent injury verified by medical evidence
- Significant and permanent scarring or disfigurement
- Death
Meeting any of these conditions allows you to file a personal injury claim seeking damages for pain, emotional harm, and loss of quality of life. A no-fault auto accident attorney can evaluate your medical documentation and determine whether your case meets this legal standard.
The Role of Fault in a No-Fault State
Even though Florida’s insurance structure is designed to limit litigation, determining fault remains important when damages exceed PIP coverage. Evidence such as police reports, witness statements, and medical records helps establish responsibility for the crash.
For instance, if another driver was texting or driving under the influence, that conduct may serve as grounds for a lawsuit. Because insurers often challenge claims or attempt to minimize payouts, having auto accident lawyers who know how to counter these tactics is essential for achieving a fair result.
Insurance carriers frequently move quickly to close claims and limit liability. Delaying medical treatment or legal action can affect your right to compensation. Early consultation with our firm helps ensure compliance with deadlines and proper preservation of evidence. You can reach our attorneys directly through the contact page to discuss your case.
The Importance of Documentation
A strong claim depends on detailed evidence. Medical records, injury photos, and repair estimates establish the extent of damage. Missing deadlines, such as the 14-day treatment window, can result in denied benefits.
Our firm reviews every detail to ensure compliance with insurance and legal requirements. We also coordinate with medical experts and investigators to build a case that supports your recovery. In addition to gathering documentation, our team assists clients with organizing expenses, medical reports, and communication with insurers. This process helps a no-fault insurance lawyer or an auto accident lawyer fully document the impact of an accident, ensuring no key information is missed.
You can learn more about how we assist clients with insurance-related injury claims by visiting our About Us page.
Helping Florida Drivers Recover Fairly
For more than 30 years, Shapiro Law Group has represented accident victims across Bradenton, Tampa Bay, and throughout Florida. Our firm is committed to protecting the rights of those injured under the state’s no-fault system and pursuing claims for those whose injuries qualify for legal action.
If you were injured in a car crash and believe your insurance coverage is insufficient, contact us today to schedule a consultation. Our attorneys can review your claim, determine your eligibility for a lawsuit, and guide you through every step of your recovery.
