Does fault always matter when it comes to an auto insurance claim? Florida, like many other states, requires motorists to carry personal injury protection. Legally, this means that a motorist who is in a car crash must file a claim with their own insurer even if they were not at fault for the collision.
The history of Floridas’ no-fault insurance laws
Florida’s no-fault insurance laws have been in flux almost since their inception. Florida enacted its no-fault insurance law in the 1970s. Then, on October 1, 2007, the state repealed its no-fault insurance law citing a technicality.
However, no-fault insurance laws in the Sunshine State were almost immediately enacted once more beginning on January 1, 2008. And, while in 2021 the Florida legislature once again passed a bill that would repeal no-fault insurance laws, the Governor vetoed that bill.
Floridas’ current no-fault insurance laws
Whether you are for or against no-fault insurance laws, all these changes may leave you wondering where the state currently stands on no-fault insurance.
Under current Florida law, all motorists in Florida must carry at least $10,000 in personal injury protection (PIP) on their auto insurance policies.
PIP covers medical costs incurred when the policyholder is injured in a car crash, even if the crash is not their fault.
If a motorist fails to carry the required PIP coverage, the state can suspend their driver license and vehicle registration.
But PIP coverage is not a motorist’s only source of compensation if they are injured in a crash. A motorist who is injured in a car crash can pursue a lawsuit against the at-fault motorist and that motorist’s insurer.
So, while motorists in Florida at least as of now legally must carry PIP coverage, PIP coverage is not their only recourse for compensation should they be injured in a car crash. Personal injury lawsuits are still a distinct possibility worth exploring, especially if a motorists’ own insurer is dragging their feet on the claim or rejecting it altogether.