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If you’ve been in a car accident in Fort Lauderdale or anywhere in Broward County, you’ve probably heard about the Florida no-fault law. But what does it really mean for your claim, and how does it affect your right to compensation?
Every day, people are injured in car accidents and have to navigate the Personal Injury Protection (PIP) system, which is the central piece of the Florida no-fault insurance law. It’s designed to speed up medical payments after a crash. In reality, it can make recovering full compensation more confusing.
Here we’ll talk to you about how PIP benefits work, what your other options for compensation are, how to handle insurance adjusters, and when to call a lawyer. Let’s get to it!
If you were severely injured in a car accident in Florida, you may have more questions and more ways to seek compensation. Reach out to an experienced Fort Lauderdale car accident lawyer at Bernheim Kelley Injury Lawyers today to set up a FREE, no-obligation case evaluation. Our phone number is 954-866-1111, or you can contact us online. We represent clients in Broward County and throughout Florida.
Quick Answers
- Florida’s no-fault law means your own insurance pays first through PIP coverage
- PIP has strict rules, including a 14-day medical deadline
- You can pursue a claim against the at-fault driver if you meet Florida’s serious injury threshold
- Property damage is handled separately
Learn More: What To Do After a Car Accident in Fort Lauderdale
Frequently Asked Questions About Florida’s No-Fault Insurance
Not having PIP coverage does not automatically mean you have no options, but it can change who pays your medical bills first.
- If you were a passenger or pedestrian and didn’t have your own PIP, Florida law sets out a specific order for who pays first. Most of the time, it goes: (1) a family member’s PIP policy if you live together, then (2) the PIP policy on the car involved, especially for passengers and pedestrians who are Florida residents.
- If you were required to carry PIP but did not, insurers may fight harder about benefits, and getting your medical bills paid can take longer and turn into a headache.
You may still have a claim against the at-fault driver for your injuries, but sorting out coverage can take time, and missing deadlines can make things worse. Consider reaching out to Bernheim Kelley Injury Lawyers early on to set up a free consultation so we can identify every available policy and keep you on track.
Not if you weren’t at fault, but always report honestly and accurately. Rates can change for a lot of reasons, and every insurer is different. The bigger issue is making sure your claim is handled the right way from day one. If you have questions or aren’t sure how to handle your claim, contact a car accident attorney.
You can still access PIP benefits under your own or a household member’s policy. If you don’t have your own coverage, you may be covered under the vehicle’s policy or another policy in the “priority” chain. This is one of those situations where a quick legal check can save you weeks of back-and-forth.
PIP insurance is meant to help with initial medical care and part of your lost income. It usually doesn’t cover 100% of your bills, and it does not pay you for pain and suffering or other noneconomic damages (the damages that you don’t have receipts for, like emotional distress or the loss of quality of life).
Yes! Florida’s PIP law ties eligibility to getting initial medical care within 14 days of the crash. If you miss that window, your PIP insurer can deny benefits.
PIP doesn’t pay to fix your vehicle. Property damage is typically handled through the at-fault driver’s property damage liability coverage, your own collision coverage, or another available policy.
Florida No-Fault Law in a Nutshell
Florida’s no-fault law is mainly about how medical bills get paid right after a crash. It does not mean “no one is responsible.” It means your claim often starts with PIP benefits, then may expand into other claims depending on your injuries and your coverage.
Your Own Insurance Pays First
Florida’s no-fault law requires drivers to carry a minimum of $10,000 in PIP coverage (along with property damage liability coverage). After a crash, your own insurance company, not the at-fault driver’s, pays your initial medical bills and a portion of lost wages, regardless of who caused the accident.
Personal Injury Protection covers:
- 80% of medical expenses (up to policy limits)
- 60% of lost income
- Limited death benefits
This may sound simple, but there’s a catch: you must see a doctor within 14 days of the crash, or your PIP benefits can be denied entirely.
Another detail people do not expect: the full $10,000 limit may depend on whether a provider finds an emergency medical condition (your symptoms are serious enough that waiting for care could put your health at risk). Without that finding, your benefits can be limited.
You Can Still Sue for Serious Injuries
The no-fault system doesn’t eliminate your right to pursue a claim. It just sets a higher bar. If your injuries are “serious” under Florida law, you can step outside the no-fault system and file a bodily injury claim against the at-fault driver.
Florida’s serious injury threshold includes:
- Significant & permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant & permanent scarring or disfigurement
- Death
Our Fort Lauderdale car accident attorneys routinely help clients move from a basic PIP claim to a full recovery claim, seeking compensation for:
- Pain & suffering
- Future medical care
- Long-term lost wages
- And more
Be Careful Talking to Insurance Adjusters
Insurance companies (yours and the other driver’s) have one priority: protecting their bottom line. Many clients come to us after accidentally saying something that the adjuster twisted to reduce their payout.
If you’re contacted by any insurer after your crash, politely refer them to your attorney. The team at Bernheim Kelley Injury Lawyers handles all communications to prevent misquotes and premature settlements.
If you do speak with an adjuster before you have a lawyer, keep it simple:
- Confirm basic facts (date, location, vehicles involved)
- Do not guess about speed, distance, or what you “could have done”
- Do not downplay your injuries (we don’t know the extent yet!)
- Avoid recorded statements until you understand what the insurer is doing with them
- Do not sign broad medical releases without advice
When Do I Need To Get a Lawyer?
If the crash was truly minor and everyone is fine, you may not need legal help. But many “minor” crashes turn into major headaches once symptoms show up and medical bills start piling up.
Consider calling a Fort Lauderdale car accident lawyer if:
- You have head, neck, back, or nerve symptoms
- You missed work or expect to miss work
- The insurer is pushing you to settle fast
- Your PIP claim is denied or delayed
- You are being blamed for the crash
- The other driver was uninsured or underinsured
- A commercial vehicle, rideshare, or government vehicle was involved
Deadlines matter, too. In Florida, negligence lawsuits generally must be filed within 2 years.
How Our Fort Lauderdale Car Accident Lawyers Help
At Bernheim Kelley Injury Lawyers, we take pride in being more than paperwork processors. Our compassionate, trial-tested attorneys know how to:
- Coordinate your medical care to meet Florida PIP law deadlines
- Document injuries for maximum compensation
- Negotiate with insurers for a full and fair settlement
- File suit if necessary to hold negligent drivers accountable
We also help you understand every step we take, including what policies we’re looking at, what damages may be available, and what’s next. Plus, we have a reputation as Real Advocates. When insurers know we’re on a case, they take notice because they know we’re not afraid to go to court if that’s what it takes to get Real Justice.
Why Choose Us?
When you’re facing one of the toughest moments of your life, you need more than just a lawyer—you need a trusted ally who will stand with you and fight for your rights.
Contact Bernheim Kelley Injury Lawyers Today for a FREE Consultation
When you’re hurt in a crash, figuring out Florida no-fault insurance can be confusing and frustrating. We can help. Our Fort Lauderdale car accident attorneys treat every client like family because we know what’s at stake for you and yours. You’ll work directly with your attorney, get updates every step of the way, and be treated with dignity and care.
Reach out to Bernheim Kelley Injury Lawyers today to set up your FREE case evaluation.
