If you’re injured in a car crash in Miami, you’ll find yourself dealing with the state’s no-fault insurance system. While you might be unfamiliar with what no-fault insurance is in Florida, it can help you recover much-needed compensation for medical bills with minimal legal headaches.
James D. Payer, an experienced Miami car crash lawyer with over 30+ years of experience, can help you understand Florida’s no-fault car insurance laws and make the claims process as stress-free as possible. Contact us online or call (305) 363-7099 today for a free consultation.
How Florida’s No-Fault Insurance and PIP Coverage Work After a Crash
Florida is a no-fault state for car insurance, which means you’ll turn to your own policy for coverage after a crash—regardless of who caused it. This system is designed to reduce lawsuits after minor accidents and speed up the claims process.
To support this, Florida law requires all registered drivers to carry Personal Injury Protection (PIP) insurance.
PIP coverage helps pay for:
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80 percent of medical bills
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60 percent of lost wages
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Up to $5,000 in funeral benefits
These benefits are available up to a $10,000 cap and apply no matter who is at fault. PIP coverage makes it easier to get compensated after a crash without having to sue. However, it won’t cover vehicle damage or non-economic losses like pain and suffering.
If your injuries are serious, your medical bills may exceed your PIP limits quickly. In those cases, Florida law may allow you to step outside the no-fault system and file a claim or lawsuit against the at-fault driver to seek additional compensation.
When You Can Step Outside Florida’s No-Fault System and Sue the At-Fault Driver
Florida’s no-fault insurance laws allow you to sue another driver if your accident results in “serious injuries.” Types of injuries that meet that legal threshold include:
- Permanent injuries, disabilities, or conditions
- Significant disfigurement
- Loss of bodily function
- Death
If your injuries qualify as serious under Florida law, you can sue the other driver for your pain and suffering, excessive medical costs, and other damages not covered by your no-fault insurance.
Steps to Take After a Florida Car Accident to Protect Your No-Fault Claim
The Florida no-fault insurance claims process is relatively simple, but has some very crucial time elements. Key steps to recovering compensation include:
- Seek medical attention immediately. Under Florida law, you must get medical treatment within 14 days of a car accident to have a valid PIP claim. Following the “14-Day Rule” is critical to successfully accessing your coverage.
- Notify your insurance company as soon as possible. Save your medical records and gather other evidence like photos and receipts.
- File your claim by sending your evidence and completed forms to your insurer. Keep track of any communications with your insurance company in case of further disputes, but if there are no complications, your insurer should send compensation within 30 days of receiving your claim.
Why You Still Need a Lawyer—Even Under Florida’s No-Fault Insurance Rules
No-fault laws are supposed to ensure access to coverage without complicated and costly legal action. However, many insurance companies still undervalue or deny legitimate PIP claims. This leaves accident victims undercompensated and deprives them of the benefits of a system that also makes it harder for them to pursue justice in other ways.
Our team can help you determine if you can step outside the no-fault system and sue the other driver, which gives you the best chance to recover compensation above what’s available under PIP.
Legal knowledge is critical for handling complex injury claims and maximizing your potential recovery. Our team can protect you from aggressive and underhanded insurance company tactics and steer you away from any legal traps during the claims process.
Injured in a Miami Car Accident? Payer Law Can Help You Navigate the No-Fault System
With over 30 years of experience and more than $100 million recovered, Payer Law has built a reputation as a trusted advocate for injury victims in South Florida. We offer free consultations at our Miami Office, and we don’t charge any fees unless we win.
If you’ve been hurt in a Miami car accident, don’t wait. Contact us today to schedule your free, no-obligation consultation. You can fill out our online form, call us at (305) 363-7099, or visit our offices in person.
