What "No-Fault" Means
Florida is one of a handful of no-fault states. Every registered vehicle must carry at least $10,000 in Personal Injury Protection (PIP) under F.S. § 627.736. After a crash, your own PIP pays first — no matter who caused the accident.
PIP generally covers 80% of reasonable medical bills and 60% of lost wages, up to the $10,000 limit.
The 14-Day Rule
When You Can Step Outside No-Fault
PIP is meant for smaller injuries. For serious harm, Florida law lets you go beyond no-fault and bring a claim directly against the at-fault driver when your injury meets the serious-injury threshold (F.S. § 627.737) — for example, permanent injury, significant scarring or disfigurement, or significant loss of an important bodily function.
That's when you can pursue full damages, including pain and suffering, which PIP does not pay.
PIP vs. a Bodily-Injury Claim
- PIP (no-fault): your own insurer; pays medical/wage benefits up to $10,000; no pain-and-suffering; available regardless of fault.
- Bodily-injury claim: against the at-fault driver; available for serious injuries; can include full medical costs, lost earning capacity, and pain and suffering.
Frequently Asked Questions
The Truestead Takeaway
PIP is a quick, fault-free safety net — but it's capped, it doesn't pay for pain and suffering, and it hinges on the 14-day rule. If your injuries are serious, you may be able to step outside no-fault and recover much more from the at-fault driver. An attorney can tell you which path fits your case.
Sources
- Fla. Stat. § 627.736 (PIP / no-fault benefits)
- Fla. Stat. § 627.737 (tort exemption / serious-injury threshold)
Talk to a Florida Attorney
Every family’s situation is different. Schedule a consultation with Arthur Simpson, Esq. to review your plan and your options under Florida law.
Schedule a Consultation →This article is for general informational purposes only and does not constitute legal advice, nor does reading it create an attorney-client relationship. Florida estate, elder, probate, and real estate law are fact-specific and change over time. Consult a licensed Florida attorney about your individual circumstances. Arthur Simpson, Esq. is licensed to practice law in the State of Florida. Attorney advertising.