The 411 On Florida No Fault Law

In reality, Florida is not a true No Fault state, although it is commonly referred to as one. In a true No Fault state, no one injured in an auto accident could bring a lawsuit to recover damages because it would be irrelevant that there is a negligent party responsible for the injury. Florida is actually a "partial" No Fault state, because the law requires the injured party to recover compensation from his or her own insurance company first, prior to pursuing additional damages from the other driver's insurance company. Florida law also allows an injured party to bring a negligence action against the other driver; however, the law requires that certain requirements are met first.

Florida's Personal Injury Protection (PIP) insurance statute determines the amount that an injured party's insurance company must pay. Florida law requires all drivers must buy Personal Injury Protection insurance and insurance for property damage liability. The minimum amount of coverage that may be purchased is $10,000. The Personal Injury Protection statute requires that PIP insurance pay for up to $10,000 to compensate for "80 percent of all reasonable expenses for medically necessary medical services; 60 percent of disability benefits for any loss of gross income and earning capacity per individual from inability to work proximately caused by the injury in the auto accident; 100 percent of replacement services (e.g., housekeeping, yard work, and child care), and a death benefit of $5,000 per individual."

Florida law prohibits an injured party from bringing a tort action to recover damages for non-economic benefits such as pain, suffering, mental anguish, and inconvenience arising out of the accident unless there are also the following facts:

(1) Significant and permanent loss of an important bodily function;
(2) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement;
(3) Permanent and significant scarring or disfigurement; or
(4) Death.

The legislative goal behind Florida No Fault law is to ensure that an injured person can receive prompt reimbursement for their out of pocket expenses related to an accident and not suffer more financial inconvenience than necessary. Florida's No Fault system puts an end to a tort-driven litigation system where injured parties can bring any negligence claim against another driver and arguably wasting an excess of time and money disputing fault and liability surrounding the accident.

Florida's No Fault system also results in expensive litigation being significantly reduced. Florida's No Fault system prevents a person who has been injured in an auto accident from filing a lawsuit to recover monies on the grounds of non-economic damages, including pain and suffering, inconvenience, and mental anguish. Rather, the person who has been injured in the auto accident can only bring a lawsuit for recovery based on personal injury if they have indeed suffered severe damages- permanent and significant loss of an important bodily function, permanent injury, permanent and significant disfigurement or scarring or death. In effect, recovery under Florida's No Fault system shifts the focus from the party's injuries to the terms of the insurance contract, which have largely been defined by the legislature.


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Ryan Rooth is a Florida lawyer who helps individuals who have been injured in car accidents. If you have been injured or have questions about your personal injury case, claim your FREE e-book providing help on your Florida auto accident case, available at => http://www.stpetersburgautoaccidentlawyer.com