According to The Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there were more than 400,000 traffic collisions reported in the state in 2021. Approximately half of these crashes result in injuries and/or fatalities. The other half of the collisions involve property damage only. This raises an important question: Who pays for vehicle damages in a no-fault state like Florida? The short answer is that the state’s no-fault law does not apply to property damage cases. Here, our Fort Lauderdale car accident lawyer provides a comprehensive overview of the key things you should know about who pays for damage after a motor vehicle crash in Florida.
What is a No-Fault Accident?
Broadly speaking, a no-fault accident is a term that refers to a type of automotive collision whereby responsibility for the damages is determined without assigning “blame” for the crash. Instead, insurance claims are filed with each driver’s own insurance provider.
What is No-Fault Insurance?
No-fault insurance is a type of car insurance that allows policyholders to recover financial losses from their own insurance company, regardless of who is at fault in an accident. It aims to expedite compensation for injuries without the need for lengthy legal processes to assign blame. Florida is a no-fault state. Under Florida law (Florida Statutes § 627.7407), all motorists are required to purchase at least $10,000 worth of a type of no-fault insurance coverage called Personal Injury Protection (PIP) coverage.
Understanding the Difference between Fault and No-fault Auto Accident States
The majority of U.S. states operate under a fault-based auto accident state. However, a dozen jurisdictions operate under some form of no-fault auto insurance system. Florida is one of the most prominent no-fault states. Here is the central difference between fault and no-fault states:
- In fault states, claims are filed against the at-fault driver’s insurance, while in no-fault states, each party files a claim with their own insurer.
In most no-fault auto accident states—including in Florida—injured victims can sometimes step beyond the no-fault system and file a fault-based claim directly against the responsible party.
Who Pays for Car Damage in a No-Fault State?
It depends. With some types of no-fault insurance, the motorist’s own policy will pay for the damage to their vehicle. Indeed, many drivers obtain comprehensive insurance coverage that provides protection for vehicle repairs regardless of who is at fault for the crash. However, it is important to emphasize that Florida’s mandatory PIP coverage does not apply to property damage. In other words, your property damage claim is a fault-based claim in Florida. You can always pursue compensation for property damage from the at-fault party. Some motorists may also have a no-fault property damage claim through their own insurance carrier. However, this varies depending on the nature and scope of your coverage. Another key question that you may have: How much does a car accident devalue my car? The answer depends. However, even when fully repaired, a vehicle loses some intangible value after a crash. In Florida, you have the right to pursue financial compensation for diminishment of value from the at-fault party.
How Does Negligence Impact Liability?
Negligence significantly impacts liability in fault-based claims, including all car accident property damage claims in Florida. Indeed, negligence can have a major impact on the typical car accident settlement amount in Florida. When a party’s careless actions lead to an accident, they are held legally responsible for the resultant damages. On the other hand, if it is a no-fault claim, then negligence will not be a direct issue—as blame is not a factor in these types of cases.
Can I File a Car Accident Lawsuit Against a Negligent Driver in a No-Fault State?
Yes—or at least it is possible to do so in Florida when certain criteria are met. There are two broad scenarios in which you can bring a car accident lawsuit against a negligent driver even though Florida has a no-fault law. Here is an overview:
- Property Damage Claims: Regardless of the no-fault rules, when it comes to property damage, you always retain the right to sue the at-fault driver. The no-fault law pertains to injury claims, allowing for the pursuit of a liability claim or lawsuit against the negligent party to recover the costs of vehicle repairs and other property damages.
- Serious Injuries: In Florida, the no-fault law allows lawsuits if the victim meets a certain serious injury threshold. This means that the injuries sustained must be significantly severe, resulting in permanent injury, significant and permanent scarring or disfigurement, or a significant and permanent loss of vital bodily functions. If the victim’s injuries meet this threshold, they can bypass the no-fault rule, enabling them to file a lawsuit against the negligent driver. Compensation may be available for medical bills, long-term medical costs, lost wages, loss of earning power, pain and suffering, and other non-economic losses.
You do not have to take on a complex fault-based auto accident claim alone. If you have any questions about how to dispute fault for a car accident, an experienced Fort Lauderdale personal injury lawyer can protect your rights and interests.
Does Insurance Cover Things That Are Your Fault?
It depends. Insurance coverage for motor vehicle crashes in Florida will vary based on the type of coverage you possess and the nature of the accident. Liability insurance, a basic requirement, covers damages and injuries to the other party in an accident you cause. Comprehensive and collision coverages are designed to cover your vehicle’s damages, regardless of fault. However, remember that Florida’s mandatory no-fault Personal Injury Protection (PIP) coverage does not apply to property damage. If you are at fault, PIP coverage will only cover initial medical bills and a portion of initial lost wages—usually up to a $10,000 limit. PIP will not cover vehicle repairs if you are deemed at fault. You need comprehensive collision coverage for full protection.
How Long Can Someone File for a No-Fault Claim in Florida?
How long after a car accident can you claim injury? There is a two-year statute of limitations for fault-based personal injury lawsuits in Florida (as of 2023). However, there are more strict deadlines to get started with no-fault claims. In Florida, a person involved in a car accident must seek medical attention to qualify for no-fault benefits. They must receive initial services and care within 14 days of the accident to be eligible for Personal Injury Protection (PIP) benefits. Failing to adhere to this 14-day rule may result in the denial of the no-fault claim.
What Damage Does No-Fault Insurance Cover in Florida?
What does no-fault insurance cover in Florida? It depends. Here is an overview of the types of damages that may be covered by a no-fault insurance policy after a car crash:
- Medical Bills: No-fault insurance, or Personal Injury Protection (PIP), primarily covers medical expenses incurred due to an auto accident. It ensures that irrespective of who is at fault, injured parties have their medical bills covered up to the policy limits, which can include expenses such as hospital stays, doctor visits, and ongoing rehabilitative services.
- Lost Wages: A car accident injury may force you to miss time at work. Florida’s no-fault insurance aims to alleviate this financial strain by providing compensation for partial lost wages. Indeed, lost wages may be a no-fault benefit under Florida’s PIP coverage.
- Vehicle Repairs (Only If Comprehensive Coverage): Mandatory PIP insurance in Florida does not cover vehicle repairs or other property damage. However, if a policyholder has comprehensive or collision coverage in addition to the basic no-fault insurance, vehicle repair costs may be covered.
What Happens if My Damages Exceed the Amount of Insurance I Have?
If your damages exceed your insurance coverage after an accident, you may pursue a claim against the at-fault party for the remaining costs. By doing so, you seek compensation directly from the liable individual or their insurance, ensuring adequate financial recovery. This step might involve legal processes to prove the other party’s fault in causing the accident. How much can someone sue for a car accident? You can always sue for the full extent of your vehicle damage in Florida. If you have serious injuries that allow you to step outside of the no-fault system, you can also sue for the full extent of your economic and non-economic damages. A Florida auto accident lawyer can help you navigate our complex legal claims process.
An Overview of the Advantages and Disadvantages of Florida’s No-Fault State Law
- Is it good news or bad news that Florida has a partial no-fault auto accident law? The answer depends on your specific situation. Here is a comprehensive explanation of some of the key points to understand: The Advantages of Florida’s No-Fault Auto Accident System
- A Path to Prompt Compensation: Through a no-fault claim, injured car accident victims can receive immediate medical benefits and compensation for lost wages. They do not have to wait on a determination of fault—which can sometimes be disputed in a fault-based claim. waiting for the determination of fault.
- Less Stress for Victims: In many cases, injured victims often find the no-fault system less stressful. They deal with their own insurance companies and are thereby able to avoid the adversarial process that is inherent in a fault-based claim.
- Potential for Reduced Legal Costs: Since liability does not have to be determined, fewer lawsuits are filed in no-fault cases. It can be an advantage as it has the potential to reduce the overall legal costs.
- Limited Right to Sue: A potential drawback of the no-fault system in Florida is that injured victims have a more limited right to sue for damages. Indeed, they may be denied the right to sue for pain and suffering unless severe injuries are sustained in the crash.
- Risk of Lack of Accountability: The Florida no-fault system may not hold reckless or negligent drivers fully accountable for their actions, as they can also receive benefits without a significant increase in premiums.
Contact Our Fort Lauderdale Auto Accident Lawyer for a Free Case Review
Were you involved in a major car crash in Florida? It is imperative that you are able to access the maximum financial compensation—including all of the financial support that you need to cover your vehicle repairs. At Bernheim Kelley, we put the needs and interests of our clients first. Among other things, our Florida auto accident lawyers are ready to:
- Conduct a comprehensive, confidential review of your property damage claim;
- Investigate your crush—determining liability for your vehicle repairs;
- Handle all correspondence and negotiations with insurance adjusters; and
- Take action to help you maximize your financial benefits.
At Bernheim Kelley, we understand that facing a personal injury can be a challenging and overwhelming experience. That’s why we take immense pride in setting ourselves apart from other firms. We believe in offering our clients not just legal representation but genuine personal support. With us, you’re not just another case number; you’re a valued individual deserving of the utmost attention and care. Our commitment to consistent, one-on-one communication with experienced attorneys ensures that you’re always in the know, every step of the way. No paralegals or junior lawyers, just direct access to the professionals who have the expertise to guide you through your unique journey towards justice. When you choose Bernheim Kelley, you’re choosing a truly personal and dedicated approach to your personal injury case. Your well-being is our top priority, and we’re here to provide the support and legal representation you deserve. If you or your loved one was involved in a crash and you have any questions about seeking compensation for property damage, please do not hesitate to contact us today for a free consultation. We have an office in Fort Lauderdale and other offices throughout Florida, from which we fight for the rights and interests of car crash victims.