Navigating the No-Fault Insurance System Florida Personal Injury FAQs

If you have recently suffered a personal injury, you are likely feeling overwhelmed and uncertain about what steps to take next. Whether your injury was caused by a car accident, a slip and fall, or any other unfortunate event, the process of seeking compensation can be complicated. You may have many questions about how Florida’s no-fault insurance system works and how it affects your personal injury claim. We understand that dealing with legal and insurance matters can seem confusing and frustrating. However, you don’t have to go through this alone. We are here to help guide you through the process, providing the support and assistance you need to achieve the best possible outcome for your case.

What Is Florida’s No-Fault Insurance System?

Florida is one of a few states that operates under a no-fault insurance system for car accidents. This means that after a crash, each driver’s insurance covers their own medical bills and some of their lost wages, no matter who caused the accident. The idea behind this system is to reduce the number of lawsuits by allowing victims to receive immediate compensation for their injuries without needing to prove fault.

Under the no-fault system, you are required to have Personal Injury Protection (PIP) coverage, which is a mandatory part of your car insurance policy. This insurance is intended to cover your medical expenses and other costs related to the accident, such as lost wages, up to the limits of your policy. While this can make the process more straightforward in some cases, it also means that you may have to deal with insurance companies that don’t always have your best interests in mind.

Do I Need to Prove Fault to Receive Compensation?

In Florida’s no-fault insurance system, you do not have to prove fault in order to receive compensation for your injuries. This can make the process faster and simpler compared to states with fault-based systems. However, the amount of compensation you receive may be limited by the terms of your PIP coverage. If your medical bills or lost wages exceed the limits of your PIP insurance, or if your injuries are particularly severe, you may be able to pursue additional compensation through a personal injury claim.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Even though fault is not necessary to get compensation from your own insurance, there are situations where you may want to file a personal injury lawsuit against the at-fault driver. For example, if you have sustained serious injuries, such as permanent disability, disfigurement, or death, you may be able to go beyond the no-fault system and seek compensation from the responsible party.

How Does the No-Fault System Affect My Personal Injury Case?

The no-fault insurance system can impact your personal injury case in several ways. Since Florida law requires drivers to carry a minimum of $10,000 in PIP coverage, this amount will be the first source of compensation for your medical bills and lost wages. However, if your injuries are severe or your damages exceed the PIP limits, you may be able to file a lawsuit for additional compensation.

One key aspect of Florida’s no-fault system is that it allows you to bypass the need to prove fault in minor accidents. But this system also has its limits. For example, if you have suffered serious injuries that cause significant long-term consequences, such as chronic pain, long-term disability, or the need for ongoing medical treatment, your ability to recover compensation beyond PIP will depend on the specific facts of your case.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

What Are Serious Injuries Under Florida Law?

To file a lawsuit for damages beyond what your PIP insurance will cover, you must meet the criteria for what Florida law considers a “serious injury.” Serious injuries include things like permanent disfigurement, permanent disability, or death. If your injury falls into one of these categories, you have the right to pursue additional compensation through a personal injury lawsuit against the at-fault party.

Determining whether your injury qualifies as “serious” can be a complicated process. This is why it is important to have an experienced personal injury attorney by your side. They can help evaluate your injuries, gather necessary medical evidence, and guide you in determining whether you should pursue a lawsuit in addition to your PIP benefits.

How Do I File a Personal Injury Claim in Florida?

If you have been injured in an accident and are looking to file a personal injury claim, the first step is to seek medical attention for your injuries. Once your immediate medical needs have been addressed, you can begin the process of filing a claim with your own insurance company. This claim will cover your medical expenses and lost wages under your PIP coverage.

If your injuries are serious and exceed the limits of your PIP insurance, or if you are facing challenges with your insurer, you may need to file a lawsuit. In order to do this, you will need to prove that another party’s negligence caused the accident and your injuries. This is where the experience of an attorney can be invaluable. They will help gather evidence, negotiate with insurance companies, and represent your best interests throughout the legal process.

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What Should I Do If My Insurance Company Denies My Claim?

Insurance companies are notorious for denying claims or offering settlements that are far lower than what you are entitled to. If your insurance company denies your claim or offers a settlement that does not cover all of your medical expenses and lost wages, you may need to take legal action. In some cases, an attorney may be able to negotiate with the insurance company to get them to reconsider their denial or low offer.

If negotiations with the insurance company fail, your attorney may advise you to file a lawsuit against the responsible party. In a lawsuit, you would seek compensation for all of your damages, including medical bills, lost wages, pain and suffering, and other expenses related to your injury. Taking legal action can help ensure that you are fairly compensated for the physical, emotional, and financial toll your injury has taken on your life.

How Long Do I Have to File a Personal Injury Lawsuit in Florida?

In Florida, the statute of limitations for personal injury claims is generally four years from the date of the accident. This means you have four years to file a lawsuit after your injury occurs. However, there are exceptions that may shorten or extend this time frame depending on the specific circumstances of your case. It is important to consult with an attorney as soon as possible to ensure that you do not miss any important deadlines.

Filing your lawsuit within the statute of limitations is crucial to maintaining your right to seek compensation. Delaying too long could result in your case being dismissed, which is why it is important to take prompt action and seek legal help as soon as possible.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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How Can an Attorney Help Me With My Personal Injury Case?

Navigating Florida’s no-fault insurance system can be complicated, especially if you have sustained serious injuries. An experienced personal injury attorney can help you understand the ins and outs of the no-fault system and guide you through every step of the process. From filing your insurance claim to negotiating with the insurance company, to potentially filing a lawsuit for additional compensation, your attorney will be there to provide support and fight for your rights.

At our firm, we understand the challenges you are facing and the emotional toll that a personal injury can take on your life. We are committed to providing you with the legal guidance and representation you need to achieve a successful case result. If you have questions about your personal injury claim or need assistance navigating the no-fault insurance system, we are here to help. Contact us today to schedule a consultation and learn more about how we can support you through this difficult time.

At Serrano Law, we have a team of dedicated professionals ready to help you get the compensation you deserve. Don’t face this process alone – let us help you navigate the complexities of Florida’s no-fault insurance system and secure the best possible outcome for your case.

To learn more about this subject click here: Comparing Slip and Fall Cases to Other Personal Injury Claims in Florida