Miami Car Accident Lawyer Takes a Look at and Explains No-Fault Insurance
Let’s Clear Things Up
If you’ve ever heard someone say, “Florida’s a no-fault state, so no one’s to blame in a crash,” let us stop you right there.
That’s a myth—and a dangerous one at that.
In reality, Florida’s “no-fault” system doesn’t mean no one is held responsible after a car accident. It simply refers to how some medical expenses are paid—not how fault is assigned or lawsuits are handled.
This blog will break down what Florida’s no-fault law actually means, how it affects rear-end collisions, and what you need to do if you’re ever involved in one.
What Does “No-Fault” Mean in Florida?
In Florida, “no-fault” refers to Personal Injury Protection (PIP) insurance.
What PIP Covers:
- Up to $10,000 in medical expenses, no matter who caused the accident
- 60% of lost wages due to injuries
- $5,000 death benefit in fatal cases
But here’s the catch:
PIP does not cover property damage, pain and suffering, or emotional trauma.
So if your car is totaled, or you’re dealing with long-term pain after a crash—PIP won’t cover it.
Property Damage and Liability Beyond PIP
Florida law doesn’t stop at PIP. You’re also required to carry Property Damage Liability (PDL) insurance.
? PDL Insurance pays for damage you cause to someone else’s car or property.
But what if someone gets seriously hurt?
That’s where Bodily Injury Liability (BIL) steps in. If someone meets the “serious injury” threshold—which includes permanent injuries, disfigurement, or significant loss of function—they can sue the at-fault driver for additional damages beyond what PIP covers.
In short, no-fault doesn’t mean no lawsuit.
Rear-End Collisions and Presumption of Fault
In the Sunshine State, rear-end collisions carry an automatic assumption:
The rear driver is usually presumed at fault.
It’s a legal shortcut known as a “rebuttable presumption.” That means the rear driver is presumed negligent unless they can prove otherwise.
How can that presumption be challenged?
- The front car stopped suddenly and without warning
- The rear car had a mechanical failure (with proof)
- The lead vehicle stopped illegally, like in the middle of the road
While the odds are stacked against the rear driver, Florida law still allows them to argue their side.
Florida’s Comparative Negligence Rule
Florida follows a pure comparative negligence rule. That means both parties can share fault, and damages are adjusted accordingly.
Example:
If you’re 30% at fault and the other driver is 70% at fault, you can still recover 70% of your damages.
This rule definitely applies in rear-end crashes.
Imagine this:
- The lead driver brakes suddenly to avoid a squirrel
- The rear driver was tailgating and couldn’t stop in time
Both share blame—and both may recover reduced damages.
In Florida, fault is rarely black and white.
What to Do After a Rear-End Collision
The moments after a crash feel like time slows down—but your actions matter.
Right after the crash:
- Move to safety and check for injuries
- Call 911—even for minor accidents
- Exchange insurance and contact info
- Take photos of the scene, damage, license plates, and surroundings
- Get witness contact info if available
? Medical attention matters
To use your PIP benefits, you must seek treatment within 14 days of the accident. Even if you feel “fine,” get checked out—adrenaline can hide injuries.
Notify your insurance company
Report the crash as soon as possible. Delays can complicate your claim.
Know the Rules Before You Hit the Road
Let’s recap:
- Florida’s “no-fault” system means your PIP pays some of your bills, but it doesn’t protect you from being sued.
- PDL and BIL coverage are essential if the damage is serious or someone sues you.
- In rear-end collisions, the rear driver is usually blamed—but there are exceptions.
- Comparative negligence can reduce, but not erase, compensation.
- Taking the right steps after a crash is key to protecting yourself—legally and medically.
Bottom line? Understanding your rights after a crash isn’t just smart—it could save you thousands.
If you’ve been involved in a rear-end collision or have questions about what your insurance actually covers, talk to an experienced attorney. Don’t leave your recovery—or your compensation—to chance.
Need help? Reach out to the legal team at the Perazzo Law firm, that knows Florida’s roads—and laws—inside and out.
Your rights don’t protect themselves. Let someone fight for your rights after a car accident
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