The United States has no-fault insurance in one of its twelve states. In the case of a car accident under no-fault laws in Florida, victims should file their claims with their insurance regardless of who is responsible, and Dennis Hernandez Injury Attorneys can help guide you through every step of the no-fault process. All motorists are required to maintain $10,000 in Personal Injury Protection (PIP) and an additional $10,000 in Property Damage Liability (PDL) coverage.
Whether your situation is classified as a car accident, car crash, or even a car accident crash, the process under Florida law remains the same.
The medical benefits paid by PIP insurance are 80% of medical expenses, combined with 60% of lost wages, only when medical treatment occurs before the 14-day deadline. PIP benefits reach their maximum of $10,000 only after a medical provider makes an Emergency Medical Condition (EMC) diagnosis. Your insurance benefits will be limited to $2,500 if your medical provider does not make this diagnosis.
The main objective of Florida’s no-fault insurance system is to simplify insurance claims, but it creates numerous confusing situations. These nine steps will protect your rights while securing the compensation you need, whether you’re seeking help from a car crash attorney, a car accident attorney, or a recommended car accident lawyer.
Step 1: Know Florida’s No-Fault Insurance Basics
You need to start your claim with your insurance provider, even though someone else caused the car crash in the no-fault system. Medical payments proceed rapidly under this system, but you can only pursue legal action against another party if your injuries meet certain severe criteria.
Florida requires:
$10,000 PIP – covers part of your medical expenses and lost wages.
$10,000 PDL – covers property damage you cause to others.
These minimums are often not enough. The costs for moderate injuries will surpass the $10,000 limit in a short period.
The no-fault system allows you to file a civil lawsuit against the at-fault driver if your injuries satisfy the serious injury threshold, which includes permanent injuries or significant disfigurement or death. You may need to consult with the best car crash attorney to determine your options. Dennis Hernandez Injury Attorneys offer free consultations and have extensive experience in Florida’s no-fault system.
Step 2: Report the Car Accident Immediately
Florida state law mandates that individuals report accidents that involve:
- Injuries or fatalities
- Property damage of $500 or more
- Hit-and-runs, DUI cases, or commercial vehicles
- A vehicle needing a tow
Contact the local police department, county sheriff’s office, or Florida Highway Patrol, depending on the location of the accident. A police report documents critical details, like fault and witness accounts, which help your claim. Failing to report the accident can result in fines or even criminal penalties in serious cases.
If you’re unsure whether to report what seems like a minor car crash Florida incident or a more serious car wreck, always err on the side of caution.
Step 3: Seek Medical Attention Within 14 Days
The no-fault system in Florida features this essential time restriction. The failure to see a qualified provider within the first 14 days results in a complete loss of PIP benefits even if your injuries manifest later.
Approved providers include:
- Medical doctors (MDs)
- Doctor of Osteopathic Medicine (DOs)
- Chiropractors
- Emergency medical technicians
- Dentists and hospitals
Massage therapists and acupuncturists do not qualify under the law.
You need your provider to identify an Emergency Medical Condition (EMC) to receive the maximum $10,000 benefits. When no EMC diagnosis is made, your insurance coverage is restricted to $2,500. If you are involved in a car crash, this step is critical.
Step 4: File Your PIP Claim Correctly
Your insurance company requires immediate notification for you to file your PIP claim within 30 days following the accident.
To file your claim:
- Report the accident to your insurer.
- Fill out the necessary paperwork, which includes the PIP application as well as wage verification and a physician’s report.
- You need to submit medical records together with the police report and documentation of lost wages.
- The insurance company should receive bills directly from your healthcare provider.
Avoid these mistakes:
- Delaying treatment
- Providing inconsistent information
- Accepting quick settlements
- Failing to document injuries properly
A personal injury attorney like the experienced team at Dennis Hernandez Injury Attorneys will help you create strong documentation while meeting deadlines for your case. Choosing a car accident attorney or a car crash attorney early on can make a real difference.
Step 5: Understand Emergency Medical Condition Requirements
According to the law, an Emergency Medical Condition exists when you experience symptoms that pose an immediate threat to your health or impair your bodily function.
Your medical diagnosis will establish whether you receive $10,000 or $2,500 in PIP benefits.
Only certain professionals can make this determination:
- Physicians (MD/DO)
- Dentists
- Physician Assistants (PAs)
- Advanced Practice Registered Nurses (APRNs)
Your medical provider needs to write “emergency medical condition” in your health records for your records to be valid. Insurance companies frequently challenge medical claims when the specified term is absent from the documents.
Step 6: Know When You Can Sue the At-Fault Driver
A lawsuit outside the no-fault system is possible if your injuries qualify as serious under Florida law, through permanent injuries, significant disfigurement, or death. A permanent loss of an essential body function results from the incident.
The doctor must confirm permanent injury to the patient.
Examples of qualifying injuries:
- Brain injuries
- Spinal cord damage
- Fractures needing surgery
- Internal organ damage
- Severe burns
- Amputations
The lawsuit can seek damages for:
- Full medical expenses
- Lost wages and reduced earning capacity
- Pain and suffering
- Long-term care
You must file within 2 years of the accident. Having the best car wreck lawyer or the best Florida car wreck lawyer on your side will help you navigate this process.
Step 7: Handle Property Damage Claims Separately
PIP insurance protects injuries, but vehicle repairs fall under the coverage of PDL or collision insurance.
The property damage liability coverage (PDL) is mandatory and will pay for any damage you cause to another person’s property.
On the other hand, optional collision coverage helps pay for repairs to your vehicle, no matter who was at fault in the accident.
Steps for a vehicle repair claim:
- Take photos of the damage
- Get the accident report
- Notify the correct insurer (yours or the other driver’s)
- Choose your own repair shop
- Get a written estimate
The insurer has the right to declare the vehicle a total loss if the repair costs exceed 80% of its value.
Step 8: Use Uninsured Motorist Coverage Wisely
More than 16% of Florida motorists lack insurance coverage, thus making uninsured motorist (UM) coverage essential.
Use your UM coverage when:
- You’re hit by an uninsured driver
- You’re a victim of a hit-and-run
- The at-fault driver doesn’t have enough insurance
- You’re hit while walking or biking
UM can cover:
- Lost income
- Pain and suffering
- Disability and future care
Your UM coverage limits will increase substantially when you stack them across multiple insured vehicles. Before getting UM coverage, you must first obtain bodily injury liability coverage.
Step 9: Get Legal Help from a Car Accident Attorney
Florida’s car accident laws are complex. The experienced team at Dennis Hernandez Injury Attorneys helps by:
- Managing all paperwork and deadlines
- Communicating with insurers
- Ensuring EMC documentation is in order
- Identifying when you can step outside the no-fault system
- Negotiating for maximum compensation
- Representing you in court if needed
Choose a car accident attorney with proven results. Working with Dennis Hernandez Injury Attorneys—a team with experience, trial success, and contingency-based fees—can make a major difference in your case. For many, they are the best Florida car accident lawyer option.
Conclusion
Under Florida’s no-fault system, accident victims must navigate multiple legal obstacles while dealing with strict time constraints.
To protect yourself:
- Seek medical care within 14 days
- Ensure your provider documents an EMC
- File your PIP claim correctly and on time
- Know when you can pursue a lawsuit
- Handle property and injury claims separately
- Use UM coverage if needed
- Consult a qualified attorney to protect your rights
Each car accident or crash case is different. Whether it’s a car accident, crash, car wreck, or something more severe, we offer free consultations to help you determine if you qualify for additional compensation. Don’t wait, Dennis Hernandez Injury Attorneys are ready to help you navigate Florida’s no-fault laws and fight for the compensation you deserve. Contact us today.
