# What Is Florida’s No-Fault Insurance Law? PIP Explained
Florida is one of only a handful of states with a **no-fault auto insurance system**. If you have been in a car accident in Florida, this law affects everything about how your medical bills get paid, when you can sue, and how much you can recover.
Most people do not understand PIP until they need it — and by then, critical deadlines may have already passed. Here is what you need to know.
## What PIP Means in Practice
PIP stands for **Personal Injury Protection**. Every Florida driver is required to carry $10,000 in PIP coverage as part of their auto insurance policy (Fla. Stat. § 627.736).
When you are in a car accident, your OWN insurance pays your first medical bills — regardless of who caused the accident. You do not file a claim against the other driver’s insurance for initial medical treatment. Your PIP coverage does that.
This is why it is called “no-fault.” The question of who caused the accident is irrelevant for the first $10,000 in medical coverage.
## What PIP Covers
PIP pays **80% of reasonable medical expenses** up to $10,000, plus **60% of lost wages**. The specific coverage:
– Emergency room visits and hospitalization
– Doctor visits and specialist consultations
– Diagnostic imaging (X-rays, MRIs, CT scans)
– Physical therapy and rehabilitation
– Prescription medications related to the accident
– 60% of lost wages due to the injury
– $5,000 death benefit
## The 14-Day Rule — Critical Deadline
You must seek medical treatment within **14 days** of the accident to qualify for PIP benefits (Fla. Stat. § 627.736(1)(a)). If you wait 15 days, your PIP insurer can deny the entire claim.
This deadline catches people who think they are “fine” after the accident and wait to see if symptoms develop. By the time neck pain, back pain, or headaches appear a few weeks later, the 14-day window has closed.
**Go to the doctor within 14 days of any accident, even if you feel fine.** This is not optional — it is the difference between $10,000 in coverage and $0.
## The $2,500 Cap Without Emergency Medical Condition
If a doctor determines that your injury is NOT an “emergency medical condition” (EMC), your PIP benefits are capped at **$2,500** instead of $10,000.
An emergency medical condition means your injury poses a serious risk to health, impairment of bodily functions, or dysfunction of any organ. Fractures, concussions, lacerations requiring sutures, and significant soft-tissue injuries typically qualify. Minor strains may not.
This makes your FIRST medical visit critically important. The initial treating physician’s determination of whether your condition is an EMC determines whether you get $2,500 or $10,000 in coverage.
## When You Can Sue the Other Driver
Florida’s no-fault system was designed to prevent lawsuits over minor fender-benders. But you CAN step outside the no-fault system and sue the at-fault driver if your injury meets the **serious injury threshold** under Fla. Stat. § 627.737(2):
– **Significant and permanent loss of an important bodily function**
– **Permanent injury within a reasonable degree of medical probability**
– **Significant and permanent scarring or disfigurement**
– **Death**
If your injury meets this threshold, you can pursue a full personal injury claim against the at-fault driver for all damages — including pain and suffering, which PIP does not cover.
Most car accident cases handled by personal injury attorneys involve injuries that exceed the PIP threshold. Herniated discs, fractures, concussions, surgical injuries, and any injury requiring ongoing treatment typically qualify.
## PIP and Comparative Negligence
Under HB 837 (2023 tort reform), Florida now uses **modified comparative negligence** with a **51% bar**. If you are found more than 50% at fault for the accident, you cannot recover anything beyond your PIP benefits — even if you have serious injuries.
This makes establishing liability more important than ever. Before 2023, even a driver who was 90% at fault could recover 10% of their damages. That is no longer the case.
## PIP Coordination with Health Insurance
If you have both PIP auto insurance and health insurance, coordination of benefits determines which pays first. In most cases:
1. PIP pays first (up to $10,000 at 80%)
2. Health insurance picks up the remainder
3. If you sue the at-fault driver, your health insurer may assert a subrogation lien against your settlement
Understanding this coordination is important because it affects how much of your settlement you actually keep versus how much goes to repay insurers.
## Uninsured and Underinsured Motorist Coverage (UM/UIM)
PIP only covers $10,000. What if the at-fault driver has no insurance, or not enough to cover your injuries?
**Uninsured Motorist (UM) coverage** protects you when the at-fault driver has no insurance. **Underinsured Motorist (UIM) coverage** fills the gap when their insurance is not enough.
UM/UIM coverage is optional in Florida but strongly recommended. In hit-and-run cases, UM coverage is often the only source of recovery.
Florida allows UM/UIM coverage **stacking** — if you have multiple vehicles on your policy, you can stack the coverage limits. A $100,000 UM policy on two vehicles becomes $200,000 in available coverage.
## Frequently Asked Questions
### Do I have to use my PIP even if the other driver was at fault?
Yes. Florida’s no-fault system requires you to use your own PIP first, regardless of fault.
### Can I sue if my injuries are under $10,000?
Only if your injuries meet the serious injury threshold (permanent injury, significant scarring, loss of bodily function, or death). Minor injuries that resolve with treatment generally cannot support a lawsuit in Florida.
### What if I do not have PIP insurance?
You are violating Florida law, and your driver’s license may be suspended. You can still pursue a claim against the at-fault driver, but you cannot recover PIP-type damages from your own policy.
### Does PIP cover passengers?
Yes. PIP covers the named insured, relatives living in the household, passengers in the insured vehicle, and pedestrians or cyclists struck by the insured vehicle.
### What happens after my PIP runs out?
If you need treatment beyond $10,000, your health insurance takes over. If the other driver was at fault and your injury meets the serious injury threshold, you can pursue a personal injury claim for all remaining damages.
### How does PIP work with Uber/Lyft accidents?
Rideshare companies carry $1 million in liability coverage once a ride is accepted. However, PIP on your personal policy still applies first for your own medical bills. The rideshare insurance covers damages you claim against the at-fault driver.
## Get Help Understanding Your Coverage
PIP claims seem simple but involve hidden deadlines (14 days), coverage caps ($2,500 vs $10,000), and coordination issues that can cost you thousands.
Call **(305) 320-4529** or **1-844-OUCH-844** for a free consultation. Sky Law Firm will review your PIP claim, determine if your injury meets the serious threshold, and advise you on your best path to full recovery.
**Sky Law Firm, P.A.**
3333 W Commercial Blvd STE 105, Fort Lauderdale, FL 33309
Available 24/7. No fee unless we win.
“`json
{
“@context”: “https://schema.org”,
“@type”: “FAQPage”,
“mainEntity”: [
{“@type”: “Question”, “name”: “Do I have to use my PIP even if the other driver was at fault?”, “acceptedAnswer”: {“@type”: “Answer”, “text”: “Yes. Florida’s no-fault system requires you to use your own PIP first, regardless of fault.”}},
{“@type”: “Question”, “name”: “What is the 14-day rule for Florida PIP?”, “acceptedAnswer”: {“@type”: “Answer”, “text”: “You must seek medical treatment within 14 days of the accident to qualify for PIP benefits. Missing this deadline can result in denial of your entire PIP claim.”}},
{“@type”: “Question”, “name”: “What is the difference between $2,500 and $10,000 PIP coverage?”, “acceptedAnswer”: {“@type”: “Answer”, “text”: “If your injury is not classified as an emergency medical condition by the initial treating physician, PIP benefits are capped at $2,500 instead of $10,000.”}}
]
}
“`
