Florida drivers face a unique insurance system that can be confusing, especially after a crash. Between no-fault insurance laws and traditional fault-based liability rules, it’s not always clear who pays what or when fault matters.
If you’ve been in a car accident, knowing the difference between at-fault and no-fault accidents can help you make informed decisions, avoid costly mistakes, and protect your rights. Here’s what you need to know and how our team at Ginnis, Krathen & Zelnick can help you navigate it.
What Is No-Fault Insurance in Florida?
Florida is one of a handful of states that follow a no-fault insurance model. This means that after an accident, regardless of who caused it, each driver typically turns to their own insurance company for medical coverage under Personal Injury Protection (PIP). As long as you seek medical attention within 14 days, your PIP coverage will generally help pay for:
- Up to 80% of medical bills
- 60% of lost wages
- Certain other expenses, like transportation to appointments
This no-fault system was designed to reduce the number of lawsuits after minor accidents. But it has limits, and it doesn’t apply to property damage or serious injuries that meet Florida’s “serious injury” threshold.
When Fault Still Matters
Despite Florida’s no-fault rules, there are still plenty of situations where fault does matter. If your injuries are severe, such as:
- significant and permanent loss of an important bodily function
- permanent injury within a reasonable degree of medical probability (other than scarring or disfigurement)
- significant and permanent scarring or disfigurement, or
- death
– You can step outside the no-fault system and pursue a personal injury claim against the at-fault driver.
Proving fault can open the door to recovering full compensation for:
- All medical expenses (past and future)
- Lost income
- Pain and suffering
- Emotional distress
Related: Auto Accident Victim’s Guide
If you’re in an at-fault accident, your liability insurance may need to cover the other party’s injuries and property damage.
Florida now follows a modified comparative negligence rule, which means you can only recover damages if you are 50% or less at fault for the accident. If you are more than 50% at fault, you cannot recover compensation in a negligence claim.
If you’re not at fault, the other driver’s insurance should step in to cover your losses. If their coverage isn’t enough or they don’t have any, your own policy, such as collision or uninsured motorist coverage, can help fill the gap and cover the remaining costs.
What to Do After Any Florida Car Accident
Regardless of fault, it’s crucial to take the proper steps immediately after a crash:
- Call 911 and seek medical attention
- Report the accident to your insurance provider
- Document the scene, injuries, and damages
- Avoid giving recorded statements without legal guidance
Understanding how no-fault accident laws apply – and when fault becomes important – is critical to making sure you don’t leave money on the table or miss the opportunity to file a valid claim.
Protecting Your Rights Starts with a Call
Navigating Florida’s complex accident laws can be overwhelming. That’s why it’s essential to work with a knowledgeable legal team that understands both no-fault and at-fault accident systems. At Ginnis, Krathen & Zelnick, we help clients across Florida get the compensation they deserve after serious car accidents.
Our team can help you determine whether your case falls under no-fault or fault-based rules, evaluate your damages, and guide you through the claims process with confidence.
If you’ve been injured, don’t wait. Contact us today to schedule your free consultation.