If you have been injured in a car accident, you likely have medical bills and other expenses starting to accumulate. If you miss time from work due to your injuries, this financial stress can become even greater. Most people assume that if a negligent driver is responsible for their injuries, they can automatically file a claim against that other driver.
However, whether or not you can file a claim against the other driver depends on whether the state is at- or no-fault. State insurance laws often dictate how accident victims are entitled to recover damages for their injuries.
Florida is a no-fault auto insurance state. This means that drivers must use their own personal injury protection (PIP) insurance to pay for medical expenses and other injuries, no matter who is at-fault. The no-fault laws also set specific limitations on when you may file a claim or lawsuit against the other driver.
No-fault Vs. at-fault State Laws
Most states have fault-based auto insurance laws, which are considered at-fault states. In at-fault states, an accident victim must prove who is at fault before filing a compensation claim.
At-fault states require drivers to carry liability insurance. A driver who has been hit by another driver may file a claim with the at-fault driver’s insurance company. They may also file a lawsuit directly against the negligent driver.
No-fault states require drivers to carry personal injury protection insurance (PIP). If you are injured in a car accident, you can file a claim using your own PIP policy regardless of who was at fault. This typically results in the injured victim receiving compensation for their medical bills and other injuries more quickly.
The Basics Of Florida Auto Insurance Laws
Florida law requires drivers to carry both personal injury protection (PIP) coverage as well as property damage liability (PDL) coverage. To register your vehicle in the state, you must show proof of both of these types of automobile insurance. PIP covers your injuries sustained in an accident, and PDL covers damage you cause to someone else’s vehicle or property.
There are also minimum coverage requirements. You must show proof of coverage, and your coverage must be at least $10,000 for both PIP and PDL. Failure to maintain this coverage could result in a citation or your vehicle registration being revoked.
How Much Does PIP Pay?
By law, PIP covers 80% of all reasonable and necessary medical expenses related to a covered injury. Some examples of these types of expenses include:
- Emergency transport
- Surgical procedures
- Dental work
- Nursing care
Additionally, PIP covers 60% of your lost wages and loss of future earnings capacity when your injury makes you unable to work. Your insurance company must pay these wage benefits every two weeks.
PIP also includes a death benefit of up to $5,000 (under certain conditions) if your loved one dies as a result of an auto accident. This death benefit is on top of any payments related to medical expenses or lost wages.
When Can You File a Claim Against Another Driver?
No-fault states set limits on when you may file claims against another driver. Since you typically use your own PIP insurance coverage regardless of who is at fault, you cannot always file a claim or lawsuit against the other driver. However, if your injuries are severe, you may be able to seek compensation from the driver who is responsible for the accident.
To file a claim against another driver in Florida, you must meet the serious injury threshold, which includes either having a permanent injury, significant scarring or disfigurement, or medical bills exceeding $10,000 in certain cases. Since bills of this nature will likely exceed your own PIP coverage, the law allows you to seek damages from the at-fault driver. Some examples of injuries that may allow you to file suit against the other driver include:
- Traumatic brain injuries
- Spinal cord injuries
- Loss of a limb
- Internal organ damage
These types of injuries are very severe, and they can leave you with life-altering effects. Even though your PIP coverage only pays for medical bills, lost wages, and death benefits, filing suit against another driver allows you to seek much more compensation.
If you are allowed to file suit against the other driver, you can recover both economic and non-economic damages. This includes:
- Property damages
- Pain and suffering
- Mental anguish
- Anxiety
- Depression
- PTSD
An experienced Florida accident lawyer can help you determine all the damages you are entitled to recover. Severe and catastrophic injury cases are often worth much more than average, so do not let the insurance company take advantage of you by offering anything less than a full recovery.
How a Car Accident Attorney Can Help You
If you have been involved in a car accident, you need an experienced attorney who can help you recover the compensation you are entitled to. Whether you live in an at-fault or no-fault state, insurance companies always look out for their bottom line. They will attempt to minimize your injuries and pay as little compensation as possible.
Hiring a personal injury attorney can help ensure you get all the compensation you are legally entitled to. Some ways an attorney can help you include:
- Investigating the accident to determine which parties may have responsibility
- Handling all aspects of your claim with the insurance company
- Negotiating a full and fair settlement for your injuries
- Fighting fiercely for you in court when the situation requires it
Whether you need to file a claim with your own insurance company or another driver’s insurance, an experienced attorney can help you through the process. Remember that there are also strict time limitations for filing a claim. Your attorney can help ensure your claim is filed on time so that you do not lose your chance to get compensated.
Contact a Florida Car Accident Attorney For a Free Consultation
Accidents involving motor vehicles happen frequently across Florida. In fact, the Florida Department of Highway Safety and Motor Vehicles reports that there have been over 300,000 crashes resulting in over 200,000 injuries in 2024 alone. Contact our law firm today at (727) 787-2500 if you have been injured. Roman Austin Car Accident and Personal Injury Lawyers can help you with your claim and make sure you get all the compensation you deserve.
Mark S. Roman
Board Certified Civil Trial Attorney and Founder
Mark S. Roman is the founder of Roman Austin Car Accident and Personal Injury Lawyers and a Board Certified Civil Trial Lawyer, a credential held by fewer than 2% of Florida attorneys. A Tampa Bay native, he has practiced throughout Florida since 1986 and founded the firm in 1996 to represent injured people in his hometown.
He earned a B.S. in Journalism from the University of Florida in 1981 and his J.D. from Florida State University College of Law in 1986. Mark is AV Rated by Martindale-Hubbell, holds a perfect 10 AVVO rating, and belongs to the Multi-Million Dollar Advocates Forum. He has served on the Florida Bar Grievance Committee for both Pinellas and Pasco counties, chairing the Pasco committee.
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