Personal Injury Law and Insurance Coverage in Florida
Understanding Florida's unique insurance system is crucial when you've been injured in an accident. Florida is one of only twelve states operating under a no-fault system, meaning each driver initially turns to their own insurance coverage for certain benefits regardless of who caused the accident. This system was designed to reduce litigation and ensure prompt payment of medical expenses, but often falls short of fully compensating accident victims with serious injuries.
First-Party Insurance Coverage (Yours)
First-party coverage refers to insurance benefits you receive from your own insurance company, regardless of fault.
Personal Injury Protection (PIP)
Every Florida driver must carry a minimum of $10,000 in PIP coverage, which provides:
Medical Coverage: 80% of medical expenses up to coverage limits, including hospital bills, doctor visits, diagnostic tests, prescriptions, and dental work. You must seek treatment within 14 days and be diagnosed with an "emergency medical condition" to receive more than $2,500 in benefits.
Lost Wages: 60% of lost income up to coverage limits if you cannot work due to injuries. Also covers essential services you can no longer perform like childcare and household maintenance.
Death Benefits: $5,000 for funeral and burial expenses, separate from other PIP benefits.
Important Limitations: PIP doesn't cover pain and suffering, property damage, or expenses beyond coverage limits. Certain treatments like massage therapy and acupuncture are excluded.
Medical Payments Coverage (MedPay) - Valuable Supplemental Protection
MedPay is optional but highly valuable, offering distinct advantages over PIP:
Covers 100% of medical costs (vs. PIP's 80%) with fewer restrictions - no 14-day rule or "emergency medical condition" requirement.
Covers the 20% of medical expenses PIP doesn't pay, plus PIP deductibles and costs after PIP is exhausted.
Covers passengers and may include pedestrian accidents.
Uninsured/Underinsured Motorist Coverage - The Most Important Coverage in Florida
UM coverage is arguably the most critical insurance protection you can buy in Florida because:
High Uninsured Rate: Approximately 20-25% of Florida drivers operate without any liability insurance and some drive with none at all. This means that the at-fault driver may not have coverage that would pay for your medical treatment if your PIP runs out (it often does!).
Your Only Protection: UM coverage is often your only source of compensation when injured by uninsured or underinsured drivers. You cannot purchase UM coverage higher than your BIL limits -- but you can stack your coverage!
Stacked vs. Unstacked UM Coverage (Opt for Stacked)
Stacked UM Coverage allows you to combine limits from multiple vehicles. Two vehicles with $100,000 each provides $200,000 total coverage through:
- Intrapolicy Stacking: Multiple vehicles on same policy
- Interpolicy Stacking: Across different insurance companies
- Household Stacking: Family members' vehicles
Unstacked UM Coverage limits recovery to coverage on the specific vehicle involved, regardless of other vehicles on your policy.
UM coverage is so important that it must be rejected in writing if you don't want it. Florida law presumes you want UM coverage equal to your bodily injury liability limits unless you specifically reject it in a signed, written document. Still, many people click and sign not knowing how important that coverage is or that it exists to protect them!
Third-Party Insurance Coverage (Theirs)
Third-party coverage protects you against claims made by others for injuries or property damage you cause.
Property Damage Liability (PDL) - Required
Florida requires minimum $10,000 PDL coverage, paying for damage to other people's property when you're at fault, including vehicles, buildings, and personal property.
Bodily Injury Liability (BIL) -- NOT REQUIRED IN FL!
Unlike most states, Florida doesn't require bodily injury liability coverage, which pays for injuries that an at-fault driver causes to others. This creates significant problems if you are injured and the at-fault driver carried no liability insurance.
Umbrella and Excess Coverage
For drivers with significant assets or higher liability exposure, umbrella and excess insurance policies provide additional protection beyond standard auto policy limits.
Umbrella Insurance
Broad Protection: Umbrella policies typically provide $1-5 million in additional liability coverage that applies over your underlying auto, home, and other liability policies.
Asset Protection: This coverage protects your personal assets, future earnings, and financial security from large liability judgments that exceed your primary insurance limits.
Requirement for Underlying Coverage: Insurance companies typically require minimum underlying coverage (often $250,000/$500,000 bodily injury and $100,000 property damage) before umbrella coverage applies.
Knowing how insurance works in Florida can help protect you before and after an accident. This page is dedicated to all Floridians to help them make informed decisions when they are purchasing insurance to protect themselves and their loved ones.
Wrongful Death Claims in Florida
When someone dies due to another's negligence, Florida Statutes § 768.19-768.21 provide specific remedies.
Who Can File
The personal representative of the deceased's estate must file wrongful death claims on behalf of all eligible survivors and the estate.
Eligible Survivors
Surviving Spouse: Can recover lost support, mental pain and suffering, and loss of companionship.
Children: Minor children (under 25) can recover for lost parental companionship and mental pain and suffering. Adult children may recover if no surviving spouse.
Parents: Can recover mental pain and suffering for deceased minor children, or adult children if no other survivors.
Dependents: Blood relatives and adoptive siblings dependent on deceased for support.
Who is missing from this list? Adult children who are not dependent on their parents for financial support. This is a tragedy and is referred to as Florida's "Free-Kill" law. There are no words to express the injustice one affected by this law must feel. We recognize this but are bound to operate within the current law.
Available Damages
Economic Damages: Lost support and services, medical/funeral expenses, and estate's lost earnings and accumulations.
Non-Economic Damages: Mental pain and suffering, loss of companionship and guidance.
Time Limit: Generally two years from death, but no limit for murder/manslaughter cases.
Medical Malpractice Restrictions: Adult children and parents have limited recovery rights in medical malpractice deaths.
Maximizing Your Recovery
Document Everything: Medical records, employment information, photographs, and witness statements provide essential evidence.
Understand All Coverage: Identify your own insurance benefits, at-fault party's coverage, and any commercial policies that might apply.
Don't Rush Settlements: Insurance companies often offer quick settlements that fall short of true compensation value.
Contact the Vero Beach Office
If you've been injured in an accident, understanding Florida's complex insurance system is essential for protecting your rights and obtaining full compensation. We have extensive experience navigating Florida's no-fault system and pursuing claims against all available insurance coverages.
Contact us today to discuss your case with Attorney Monelle Nichols and learn what benefits are available, find out about deadlines, and let us work to pursue maximum compensation while you focus on recovery. This is how we help keep you on course.
