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Can I Sue In A “No Fault” State?


If you live in Florida and drive an automobile you know you must carry “no-fault” insurance. However, most drivers do not really understand how it comes into play if they have been injured in an auto accident. Florida is actually a comparative law state that requires a type of no fault insurance. Here is everything you need to know about how no fault laws will impact your accident injury case.

Florida No Fault Law

All Florida drivers must have Personal Injury Protection Insurance (PIP) You are required to carry 10,000 medical and disability and $5,000 in death benefits. So if you have an accident, you file your claims for damages to your insurance company. Your insurance company then pays the damages to you for your injuries, no matter who was legally responsible for the cause of the accident. It is important for you to understand that “no fault” does not literally mean no one is at fault. The purpose of the no fault insurance is to be more efficient and direct, decreasing disputes and not having to prove to the insurance company that the accident was not your fault. The downside is that you are not guaranteed a settlement and you can only claim the $10,000 medical. The downside of no fault is that in today’s world if you are seriously injured the $10,000 won’t even cover the first day of your medical costs.

Exceptions to Florida’s No Fault Insurance

So if you have been injured to the extent that your insurance will not cover your injuries and medical bills you can file suit to recoup more compensation. The Florida no fault insurance does not apply to the following situations:

Costs Exceed $10,000: If your injuries are severe enough to have gone beyond $10,000 and you are not the at fault driver you can request compensation from their insurance company.

Permanent Injuries: If your injuries are severe and the effects of the accident are permanent such as loss of limb, disfigurement, scarring or loss of important bodily functions. You must however meet the injury threshold set by Florida law.

Uninsured Driver: The no fault insurance only works if both drivers carry the minimum amount of no fault. If you are injured in a serious accident by an uninsured driver, and you have gone over the limits of your insurance you can pursue a lawsuit against the at fault driver. Mind you if they cannot afford insurance, chances are they do not have enough to pay you even if you win.

Out Of State: Florida insurance rules only guarantee coverage within state limits Florida PIP insurance can reuse to cover your injuries if the accident occurred in another state in a vehicle that belongs to someone else.

Why Should I Work With A Florida Personal Injury Attorney

Because we are a no fault state many people hesitate to contact a lawyer after an accident, thinking they may not be needed. But an attorney can make sure you are compensated correctly and can take a lot of the paperwork off of your hands. Here are some things Personal Injury Attorneys will do for you:

● Accident Data Collection: Your attorneys team will begin to gather all physical evidence, photos, video footage from nearby surveillance cameras, police reports, etc.
● Filing Your Claim: For the average layperson, filing your accident claim correctly and to the appropriate party in time can be very confusing and frustrating.
● Proof of Injury: Your attorney will prove the full extent of your losses in order to recover any compensation. They will assist you in gathering medical bills, working with experts to determine your prognosis, and proving damages.
● Negotiate Settlement: Once an offer has been made, your attorney can counter the offer or work to ensure you get the maximum amount you deserve.

The personal injury attorneys at Justice Pays have the experience necessary to recover damages not just to cover your expenses but your pain and suffering as well. You deserve to get the maximum compensation. Give us a call at 1-833-954-1234 and we’ll do a free case review and let you know how we can help.

Michael J. Babboni's wide-ranging legal career is based on the strong belief that everyone should be treated fairly and have access to effective legal help. Michael began putting his beliefs in action by helping the people of St. Petersburg Florida get what they are owed in civil trials fighting to protect families by making corporations pay, and honor their obligations.

Can I Sue In A “No Fault” State?

Goldman Babboni Fernandez
Murphy & Walsh




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