February 5, 2020

You’ve been in a crash, and now you are staring down a confusing question: whose insurance pays for what, and in what order? Florida’s system is layered, and understanding how the pieces fit together is the difference between leaving money on the table and getting everything you are owed. Here is how auto accident claims actually work in Florida, step by step, after a car accident. The Reyes Firm Confused About Your Tampa Accident Claim? Let us map out every layer of coverage for you. Had a bad day? Contact Us Now $10,000 PIP benefits, regardless of fault Fla. Stat. § 627.736 80% / 60% PIP pays of medical bills / lost wages Fla. Stat. § 627.736 UM Coverage Protects you if the other driver has none Fla. Stat. § 627.727 2 Years Deadline to file a lawsuit Fla. Stat. § 95.11 Florida is a no-fault state, which gives its auto accident claims a structure that surprises a lot of people. Instead of one insurance company simply paying for everything, different coverages handle different parts of your losses, and they come into play in a particular order. Once you see how the layers stack up, the whole process becomes far less mysterious. How do auto accident claims work in Florida? Auto accident claims in Florida work as a layered system rather than a single payout. Your own Personal Injury Protection handles your immediate medical costs regardless of fault, the at-fault driver’s bodily injury coverage handles your pain and suffering after a settlement, and your uninsured motorist coverage protects you when the responsible driver cannot. Which layers apply, and how much each pays, depends on the coverage involved and the severity of your injuries. Think of it as a chain, where each link does a specific job. Understanding what each link covers, and when it comes into play, is the key to making sure nothing that should be paid gets missed. What does your PIP cover after a crash? Your Personal Injury Protection is the first link in the chain. Under Florida Statute § 627.736, PIP pays your medical bills and a portion of your lost wages regardless of who caused the crash, which is the heart of the no-fault system. Specifically, PIP generally covers 80% of your reasonable medical expenses and 60% of your lost wages, up to a combined limit of $10,000. There are two catches worth knowing. First, you must seek initial medical care within 14 days of the crash, or you can lose your PIP benefits entirely. Second, the full $10,000 is generally available only if a medical provider determines you had an emergency medical condition; without that finding, your PIP benefits may be capped at $2,500. This is your own coverage, so it applies no matter who was at fault. How do you recover for pain and suffering? PIP does not pay for pain and suffering, so that part of your claim comes from a different link in the chain: the at-fault driver’s bodily injury liability coverage. When another driver causes your injuries, you can pursue a claim against their coverage for the human cost of the crash, including pain, suffering, and the impact on your life, and that recovery typically comes as part of a settlement rather than upfront. There is an important condition, though. In a Florida car accident, you generally cannot step outside the no-fault system to recover pain and suffering unless your injury meets a legal threshold. That is a key reason serious injuries are treated so differently from minor ones, and why proper medical documentation matters so much to the value of your claim. 💡 Did You Know? In a Florida car accident, you generally cannot recover for pain and suffering unless your injury meets a threshold such as permanent injury within a reasonable degree of medical probability, significant permanent scarring or disfigurement, or significant and permanent loss of an important bodily function. This is why the nature and permanence of your injury drives the value of your claim. Source: Fla. Stat. § 627.737(2). What if the at-fault driver has no insurance or too little? This is where the next link matters, because a great many Florida drivers are on the road with no insurance or the bare minimum. If the driver who hit you cannot cover your injuries, your own uninsured and underinsured motorist coverage under Florida Statute § 627.727 can step in to fill the gap. Here is a detail many people miss: you may have this coverage even if you do not remember buying it, because Florida requires insurers to offer it and to obtain your rejection in writing. If you never signed a written rejection, there is a good chance the coverage is on your policy. We go deeper into this in our guide on what to do when you are hit by a driver with no insurance. What happens if the crash was your fault? Even then, you are not left with nothing. Because Florida is a no-fault state, your own PIP still pays your medical bills and a portion of your lost wages regardless of who caused the crash. That is the whole point of no-fault coverage: your immediate medical needs are handled by your own policy first, no matter who was to blame. What changes when you are at fault is your ability to recover for pain and suffering, since that comes from the other driver’s coverage. For the damage to your own vehicle, your collision coverage, if you carry it, can pay for repairs regardless of fault, subject to your deductible. 🛡️ Your Rights Under Florida Law: Under Florida Statute § 768.81, your compensation is reduced by your share of fault, and you may be barred from recovery if you are found greater than 50% responsible. Because fault directly affects what you can recover, insurers work hard to assign as much of it to you as possible, and an experienced Tampa injury lawyer works to keep the facts straight. How do the