The United States uses no-fault insurance in twelve states. In Florida, you file with your own insurer regardless of fault, and Dennis Hernandez Injury Attorneys can guide you through every step of the process. All motorists must carry $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability (PDL).
Whether your situation is described as a car accident, crash, or wreck, the process under Florida law is the same. PIP generally pays 80% of reasonable medical expenses and 60% of lost wages when treatment begins within 14 days. You can receive up to $10,000 only if a provider diagnoses an Emergency Medical Condition (EMC); without an EMC, benefits are limited to $2,500.
Florida’s no-fault system is designed to speed medical payments, but it can be confusing. These nine steps protect your rights and help you seek the compensation you need.
Step 1: Know Florida’s No-Fault Insurance Basics
Start your claim with your own insurer. You may pursue a civil lawsuit against the at-fault driver only if your injuries meet the serious-injury threshold (permanent injury, significant and permanent scarring/disfigurement, or death). Minimums—$10,000 PIP and $10,000 PDL—are often not enough for moderate injuries.
Step 2: Report the Car Accident Immediately
Report accidents that involve injuries or fatalities, property damage of $500 or more, hit-and-runs, DUI, commercial vehicles, or when a vehicle needs a tow. File with local police, the sheriff, or the Florida Highway Patrol. A police report captures fault and witnesses and helps your claim.
Step 3: Seek Medical Attention Within 14 Days
Failing to see a qualified provider within 14 days can forfeit PIP benefits. Approved providers include MDs, DOs, chiropractors, EMTs, dentists and hospitals. Ask your provider to evaluate and document any EMC to preserve up to $10,000 in PIP coverage.
Step 4: File Your PIP Claim Correctly
- Notify your insurer promptly (aim for within 30 days).
- Complete the PIP application, wage verification, and physician report.
- Submit medical records, the police report, and proof of lost wages.
- Have providers send bills directly to your insurer.
Avoid: delaying treatment, giving inconsistent information, accepting quick low settlements, or failing to document injuries.
Step 5: Understand Emergency Medical Condition (EMC) Requirements
An EMC exists when symptoms pose an immediate threat to health or bodily function. Only physicians (MD/DO), dentists, PAs, and APRNs can make this determination. Ensure “emergency medical condition” appears in your records to avoid disputes.
Step 6: Know When You Can Sue the At-Fault Driver
You may step outside no-fault for qualifying serious injuries (e.g., brain or spinal injuries, fractures requiring surgery, internal organ damage, severe burns, amputations). A physician must confirm permanency. Damages can include full medical expenses, lost wages/earning capacity, pain and suffering, and long-term care. The general deadline is two years from the crash.
Step 7: Handle Property Damage Claims Separately
PIP covers injuries; vehicle repairs are handled through PDL (for damage you cause to others) or your optional collision coverage (repairs to your car regardless of fault). Take photos, get the report, notify the correct insurer, choose your shop, and obtain a written estimate. Insurers may total a vehicle if repairs exceed ~80% of its value.
Step 8: Use Uninsured Motorist (UM) Coverage Wisely
UM can apply in crashes with uninsured or underinsured drivers, hit-and-runs, and when you are a pedestrian or cyclist. It may cover lost income, pain and suffering, disability, and future care. Stacking across vehicles can increase limits; BI liability is required to carry UM.
Step 9: Get Legal Help from a Car Accident Attorney
- We manage paperwork, deadlines, and insurer communications.
- We ensure EMC documentation is complete.
- We identify when you can step outside no-fault.
- We negotiate for maximum compensation and litigate if needed.
Conclusion
Act quickly: seek care within 14 days, document an EMC, file PIP correctly, separate injury and property claims, use UM when needed, and consult experienced counsel. Each case is different—get a free consultation to understand your options.
Need help? The experienced team at Dennis Hernandez Injury Attorneys is ready to guide you through Florida’s no-fault process and fight for the compensation you deserve. Contact us today.
