What Accidents Are Not Covered by Florida’s “No-Fault” Rules?
Florida is among a minority of states that enforce a “no-fault” system of auto insurance. In simple terms, if you are an insured driver injured in an accident, you typically need to rely on your own policy’s Personal Injury Protection (PIP) coverage to pay for a portion of your medical bills and lost wages. Your insurer must pay those benefits regardless of who was at-fault for the accident itself.
That said, no-fault insurance rules do not apply to every type of collision that happens to involve a motor vehicle. Here are a few situations where you do not need to rely on PIP coverage and may sue a negligent driver (or third party) directly for your losses arising from an accident.
Accidents Causing Death or Permanent Injury
Florida’s no-fault law expressly exempts accidents that result in death or serious injury. A “serious” injury is essentially one that results in some kind of permanent damage to a body part or organ. For example, if you suffer disfigurement or permanent back pain as a result of an accident, that would likely meet the serious injury threshold.
Pedestrians, Bicyclists, and Motorcyclists
Florida’s no-fault system is designed primarily for people injured while driving or riding in a car, truck, or similar motor vehicle. So what happens if you are struck by a vehicle while walking, bicycling, or riding a motorcycle? The answer depends on your own insurance coverage.
In general, you do not have to carry PIP coverage in Florida if you do not own and drive a four-wheeled motor vehicle. Indeed, Florida’s no-fault rules expressly exempt motorcycles. This means that an injured motorcyclist can sue a negligent driver who injures them without regard to the no-fault system.
Similarly, people injured as pedestrians or bicyclists are not necessarily bound by no-fault rules if they do not have a policy. That said, if such persons also drive and do carry PIP coverage as part of their auto policy, it may still cover them even for pedestrian or bicycle accidents. This is why it is important to consult with a qualified personal injury attorney following any accident.
Accidents That Occur Outside of Florida
Car accidents, and personal injury claims arising from such accidents, are generally governed by the state where the incident occurred. This means that if you are a Florida driver injured in an out-of-state accident, your no-fault PIP benefits may not cover you or your passengers. On the flip side, you may be able to file a lawsuit against the negligent driver under the other state’s laws, as Florida’s “serious injury” restrictions may not apply.
Contact a Paso County Car Accident Attorney
No-fault insurance may be intended to simplify compensation following an auto accident. But it still often raises a number of complicated legal questions that leave victims searching for answers. Our Pasco County car accident lawyer can help. Call Wendy Doyle-Palumbo, Esq., today at (727) 233-2134 to schedule a consultation. We serve clients in Hudson, New Port Richie, and Pasco County.