No Fault

No Fault

Florida Motor Vehicle No Fault Law (Fla. Stat. 627.730627.7405) provides medical, work and death benefits to a qualified individual involved in a vehicle accident. In other words, if you own a car in Florida and have the required PIP coverage, your insurance company is responsible for 80% of reasonable, medically necessary and allowable medical expenses up to $10,000 regardless of who is at fault.  In addition, your insurance company pays you 60% of gross income and $5,000 for death benefits should you be unable to work or die due to a car accident.

Most individuals identify this insurance coverage as PIP (Personal Insurance Protection). The “No Fault” system allows people injured in a car accident to have immediate access to medical treatment regardless of their financial situation or whether or not they have health insurance. PIP is your primarily medical insurance coverage in a automobile accident regardless who is negligent or otherwise at fault.

Medial expenses exceeding $10,000 along with pain and suffering maybe recovered by pursing a negligence claim against another driver, vehicle owner, manufacturer or  other 3rd parties who is partially or wholly responsible for your injuries.

Who is a Qualified Individual?

The answer depends on a multitude of questions, answers, and scenarios. The general rule is PIP benefits follow the person, not the vehicle. Here is a brief explanation of who qualifies for No Fault benefits:

Car Accident

This covers private vehicle including cars, sports utility vehicle, pickup trucks, mini-vans or other similar vehicles engaged in private activity not work related.

Policy holder which normally includes the owner and driver of the vehicle. Blood relatives (F.S. 627.732)  of the policy holder who reside in the same household. In addition, PIP covers passengers who are not otherwise covered under another PIP policy.

 Truck Accident

Truck drivers are usually covered under commercial policies or workers comp when involved in an accident. Under certain circumstances, a driver or passenger may qualify to have their medical bills paid through their own PIP policy.

Motorcycle Accident

No, motorcyclist do not have PIP coverage.  The only medical coverage available to motorcyclist is either through the purchase of separate motorcycle insurance coverage, or a third party’s insurance policy. Read more about our Plantation Motorcycle Accident Lawyer.

Bicycle Accident

A bicyclist involved in a car accident may have their medical bills payed through either their own automobile PIP policy, a resident relative’s PIP policy or the at fault parties’ PIP insurance.

Pedestrian Accident

Pedestrians involved in car accident can get their medical bills payed by either their own PIP, that of a resident relative or third party’s insured.

School Bus Accident

A child injured on a school bus may have their medicals bills paid by their parent’s PIP insurance policy.

In addition to “No Fault” benefits under your Florida insurance policy, you may recover additional monies for medical expenses and more under both your Med-Pay and Uninsured/Under-insured Motorist Coverage insurance provisions.

If I file a PIP claim, will my insurance go up? Click to find the answer.

For more information about PIP benefits or whether you qualify to pursue a negligence claim for medical expenses, loss wages, and pain and suffering contact AskMyAttorneys at 954-961-5100 in Broward or 1-877-961-5100 elsewhere in Florida for a free consultation.

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