Florida has some of the most distinctive auto insurance laws in the nation. Unlike most states, it operates under a no-fault insurance system. Under Florida law, your own insurance will pay for your medical bills and some other losses after a crash. This applies no matter who caused the accident. This framework aims to speed up claim payments and reduce lawsuits for minor accidents.
The cornerstone of Florida car insurance requirements is Personal Injury Protection (PIP) coverage. Every driver must have at least $10,000 in PIP. This insurance covers medical costs, lost wages, and sometimes death benefits after a crash. This rule applies not only to the policyholder but also to passengers and even pedestrians injured in the accident.
The system is designed to prevent accident victims from waiting months for payments while courts decide who was at fault. However, it also shifts the burden onto drivers to have adequate coverage from the outset. At Dennis Hernandez Injury Attorneys, we have recovered millions for clients with these cases. We understand how important proper coverage is. We fight to get you paid!
How Does PIP Coverage Work in an Injury Claim?
Under § 627.736, PIP coverage injury claim rules are clear:
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80% of reasonable medical expenses are covered.
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60% of lost income is reimbursed.
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Up to $5,000 in death benefits are available.
But there’s a key catch, care must begin within 14 days of the crash. Miss that deadline and you could lose your PIP benefits entirely. The Florida Office of Insurance Regulation reports that about 45% of drivers who face claim denials did so because of missed timeframes or incomplete medical documentation.
PIP has another limitation: it does not cover non-economic damages like pain and suffering. If your injuries are severe, such as permanent disfigurement, loss of function, or death, you can exit the no-fault system. This is allowed under Florida Statutes § 627.737. You can then file a lawsuit against the driver at fault for more compensation.
Why Is PIP Coverage Often Not Enough?
While PIP is valuable for immediate help, its limits are stark. For example, if your hospital bill is $25,000, PIP will only pay $8,000 toward medical costs, leaving you responsible for the rest unless you have other insurance. If you miss work for months, 40% of your wages will go unrecovered without supplemental coverage.
The Insurance Research Council says the average bodily injury claim in Florida is over $18,000. This is much higher than the minimum PIP requirement. This gap is why many victims get help from a personal injury lawyer. They can find all possible ways to recover.
How Can a Personal Injury Attorney Help in These Cases?
An experienced personal injury lawyer can review your insurance. They can see if you can go outside the no-fault system. They will also seek compensation for losses that PIP does not cover. That includes:
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Pain and suffering damages
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Future medical expenses
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Full lost wages
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Loss of earning capacity
They also negotiate with insurers who may try to minimize payouts. Insurers often argue that your injuries are unrelated to the crash or that you received excessive treatment. Without representation, it’s easy to accept an inadequate settlement.
For example, in State Farm Mutual Auto Insurance Co. v. Nichols, 932 So. 2d 1067 (Fla. 2006), the Florida Supreme Court held that insurers must act in good faith when paying benefits. A personal injury attorney can hold them accountable when they don’t.
What Additional Coverage Should Drivers Consider?
Florida car insurance requirements only mandate PIP and Property Damage Liability (PDL). But other coverages can protect you from financial ruin after a major crash.
Bodily Injury Liability (BIL) – Pays for others’ injuries if you cause an accident. Not required, but without it, you could be personally sued for damages.
Uninsured/Underinsured Motorist Coverage (UM/UIM) – Protects you if the at-fault driver has no insurance or too little to cover your losses. With Florida ranking sixth in the nation for uninsured drivers, this coverage is critical.
Collision Coverage – Pays for damage to your car after a crash.
Comprehensive Coverage – Pays for damage from theft, vandalism, storms, or other non-collision events.
How Does the No-Fault System Affect Lawsuits?
The no-fault system limits your ability to sue unless you meet the “serious injury threshold” in § 627.737. You must prove one of the following:
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Significant and permanent loss of an important bodily function
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Permanent injury
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Significant scarring or disfigurement
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Death
Once you meet this threshold, your attorney can seek full damages, including pain and suffering.
What Role Does Evidence Play in PIP and Injury Claims?
Even with no-fault rules, evidence is critical. Medical records, accident reports, witness statements, and photographs all help link your injuries directly to the crash. Gaps in treatment, inconsistent records, or delayed care give insurers ammunition to deny or reduce your claim.
Courts have reinforced this principle. In Gooding v. University Hospital Building, Inc., 445 So. 2d 1015 (Fla. 1984), the Florida Supreme Court held that plaintiffs must prove causation to a “reasonable degree of medical probability.” Without consistent treatment records, meeting that burden is difficult.
How Can You Avoid Common Mistakes After a Crash?
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Seek immediate medical care – Even if you feel fine, adrenaline can mask serious injuries.
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Report the accident to your insurer – Delayed reporting can jeopardize benefits.
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Document everything – Keep all bills, treatment notes, and receipts.
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Avoid speaking to adjusters without counsel – They may record statements to use against you.
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Contact a personal injury attorney quickly – They can protect your rights from day one.
Why Do Many PIP Claims Get Denied or Reduced?
Common reasons include:
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Missed the 14-day treatment window
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Care deemed “unnecessary” or “unreasonable”
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Pre-existing conditions blamed for injuries
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Lack of proper documentation
In each case, a personal injury attorney can gather expert opinions, medical testimony, and legal arguments to counter insurer objections.
How Can an Attorney Maximize Your Compensation?
They can:
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Identify all applicable coverages, including UM/UIM and med-pay
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Calculate long-term costs like future surgeries or therapy
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Negotiate for full wage recovery, not just PIP’s 60% limit
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Prepare for litigation if insurers refuse to pay fairly
In many cases, represented clients recover substantially more than those who go it alone.
Why Is Reviewing Your Policy Now a Smart Move?
Don’t wait until after an accident to discover your coverage gaps. Review your policy to ensure:
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Adequate PIP limits for your needs
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BIL coverage to protect against lawsuits
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UM/UIM to guard against uninsured drivers
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Collision/Comprehensive for vehicle protection
How Do Florida Car Insurance Requirements Impact Long-Term Financial Security?
Meeting only the minimum Florida car insurance requirements might keep you legal but not safe. Serious crashes can leave you with tens of thousands in unpaid bills. By pairing proper coverage with skilled legal representation, you protect both your health and finances.
At Dennis Hernandez Injury Attorneys, we’ve seen how the right legal strategy can turn a denied PIP coverage injury claim into a full recovery. We fight to get you paid!
Recommended reading
- How Florida’s proposed auto insurance changes could impact your wallet
- What is an Interrogatory in a Personal Injury Motor Vehicle Lawsuit?
- What Is the Definition of Defective Road Design?
- What Money Can You Recover – In Florida – for a Wrongful Death Action and Who Can Recover That Money?
- What Should I Do After an Auto Accident?
- What Should You Do After a Cargo Truck Accident in Florida?





