What Is No-Fault Insurance in Florida?

Florida is one of 12 U.S. states with no-fault insurance laws. Under no-fault insurance, each driver has to file a claim for damages with their insurer, no matter who’s at fault in the car accident. This is different from at-fault insurance states, where the at-fault party’s insurance company has to pay for damages.^[1]

Because the Sunshine State has a no-fault insurance system, Floridians must carry personal injury protection (PIP) coverage as part of the state-minimum car insurance requirements.^[2]

Here’s what you need to know to navigate Florida’s no-fault insurance system.

Shop for Florida Car Insurance

Liability quotes start at $69 per month

Enter your ZIP codeView My Quotes

Secure. Free. Easy-to-use.

Based on 3,806+ reviews

4.8/5

Florida is a no-fault car insurance state

Unlike most states, Florida is a no-fault state. That means the insurance company of each driver involved in an accident will pay for that driver’s injuries, regardless of fault.

For example, if driver one runs a red light and hits driver two, causing them both injuries, they’ll both file a claim with their insurer to pay for their medical bills.

Even though Florida is a no-fault state, one or both drivers may be at fault for the car accident. The at-fault driver’s insurance will pay for property damage. In this example, driver one running the red light is the primary cause of the car accident, which means his insurance will pay to repair driver two’s car.

What are shared fault rules in Florida?

An insurance adjuster’s process of assigning fault for the accident can take some time. PIP coverage allows drivers to file a claim with their insurance company to pay for a minor injury they incur during an accident.

But fault still matters in Florida. The insurance company of the driver who’s primarily at fault is responsible for paying for car damage. In addition, severely injured motorists may want to sue the other party for damages.

Florida allows for such legal action if the person experiences significant or permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, significant or permanent scarring or disfigurement, or death. If an accident causes this kind of serious noneconomic damage, a Floridian can sue for damages under the pure comparative fault rule.

Florida’s pure comparative fault rule allows an injured or damaged party to sue another party, even if the one bringing the suit is in any way at fault. The recovery amount subtracts the damaged party’s degree of fault. For example, even though driver one was 75% at fault and driver two was 25% at fault, driver two can still sue for damages. But driver two will only receive 75% of the recovery, representing the part that wasn’t their fault.

At-fault vs. no-fault car insurance

Under an at-fault system, the car insurance company of the at-fault driver pays for both medical expenses and property damage of the other party. No-fault insurance requires each driver to file a claim with their insurer for minor bodily injury, no matter who caused the car accident.

Despite the name, no-fault insurance still assigns fault for accidents, just like at-fault insurance states. In any state, insurance companies generally determine fault after reviewing any police reports and driver statements about the car accident.

At-fault insurance states generally have few restrictions on a damaged party’s ability to sue the at-fault driver, while no-fault states will only allow legal action if personal injury or damage meets certain thresholds.

The following 12 U.S. states mandate no-fault car insurance, though required coverage levels vary by state:

• Florida

• Hawaii

• Kansas

• Kentucky

• Massachusetts

• Michigan

• Minnesota

• New Jersey

• New York

• North Dakota

• Pennsylvania

• Utah

Minimum car insurance requirements in Florida

In Florida, the minimum liability coverage required is $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL). PIP provides coverage for your medical expenses for bodily injury after a crash, regardless of fault, while PDL coverage pays for damage to another person’s property caused by you or someone else driving your car.

Since Florida is a no-fault state, drivers don’t legally have to carry personal injury liability insurance, unlike most other states.

Optional car insurance coverages in Florida

Florida only requires drivers to purchase PIP and PDL coverage, but you may want to purchase more vehicle protection. You can increase the coverage levels for PIP and PDL insurance and also add optional automobile insurance coverages.

Here are some common types of optional coverage you may want to consider:

• 

  Collision coverage

  Collision coverage will pay to repair damage to your vehicle after you collide with another vehicle or object, such as a fence or a tree.

• 

  Comprehensive coverage

  With comprehensive coverage, your insurer pays for damage to your vehicle due to events other than car accidents, such as theft, fire, flood, and weather-related damage.

• 

  Uninsured motorist coverage

  Uninsured motorist insurance pays for damages if you’re in a car accident and the at-fault driver doesn’t have insurance. Nearly 16% of Florida drivers are uninsured.^[3] Uninsured motorist coverage will protect you from property damage caused by a driver without insurance. But your PIP insurance should cover your injuries.

• 

  Gap coverage

  Gap insurance will pay the difference between your auto loan and the actual cash value (ACV) of your car after a total loss. Drivers with financed or leased cars should consider this coverage.

Find Cheap Car Insurance in Florida

Insurify partners with top companies for real quotes

Enter your ZIP codeView My Quotes

Secure. Free. Easy-to-use.

Based on 3,806+ reviews

4.8/5

What to do in case of a car accident in Florida

If you have an accident in Florida, it’s important to stay calm and follow these steps:

1. Check for injuries. Taking a moment to assess yourself and any passengers for injury can help ensure you don’t make any injury or damage worse.

2. Move vehicles out of the roadway. If possible, try to move any vehicles involved in the car accident out of the way of traffic.

3. Report the accident to the police. Either dial 911 or the local police station and wait for the police to arrive. You’ll likely need to answer questions about the car accident and provide your driver’s license and proof of insurance. You can request the officer’s badge number and ask for a copy of the police report.

4. Take photos. It’s helpful to snap photos of the damage to your car with your cell phone just after the car accident occurred.

5. Get the contact information of any other drivers or witnesses. Even though Florida is a no-fault state, you should still exchange insurance information with other drivers if there’s any property damage.

6. Contact your insurer. Getting the claims process started with your insurer can help speed up the process for any PIP coverage claims you need to file.

Florida car insurance FAQs