How Does Florida's No-Fault Car Accident Law Work?
Uncategorized   |  June 22, 2023
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How Does Florida’s No-Fault Car Accident Law Work?

Every year, thousands of car mishaps occur in Florida, making it imperative to comprehend the state’s unique no-fault car accident law. It is a system that may appear puzzling initially, particularly for those unacquainted with its complexities.

Protect yourself from any legal challenges related to your car accident case. With years of experience, Kemp Law Group is here to help. Call us today at 727-847-4878 free of charge or obligation to discuss your car accident case. 


No-Fault Car Accident Law in Florida

Understanding No-Fault Car Accident Law in Florida

Florida’s no-fault car accident law mandates that all motor vehicle owners must carry a minimum of $10,000 in Personal Injury Protection (PIP) coverage. This insurance kicks in irrespective of who was at fault in the accident, covering 80% of all necessary and reasonable medical costs and 60% of lost wages, up to the policy limits.

When Should You Hire a Car Accident Attorney in Florida?

Though the no-fault rule seems simple at face value, situations can quickly become intricate, especially when substantial injuries, property damage, or disputes about the accident’s details emerge. Here are some scenarios where you might want to consult a Florida car accident attorney:

Significant Injuries and Costly Vehicle Damage

In the event of severe injuries or significant property damage, a Tampa car accident attorney can ensure your rights are protected. They can assist you in making a substantial claim to cover all your losses and sidestep potential disputes with the at-fault driver’s insurance company.

Disputes Over Fault

If you and the other driver convey different accounts of the accident, it might result in an ongoing investigation by each insurance company. Hiring a lawyer may become essential, especially when a large sum of money is on the line.

Insurance Company Hassles

Wrestling with a car insurance company that acts in bad faith can be burdensome. You might encounter unreasonable delays in the decision-making process or run into lowball settlement offers. A Florida car accident lawyer can help you steer through these obstacles.

Complex Fault Rules

The negligence theory is the backbone of liability in car accident cases. However, liability may not lie entirely with one driver. Depending on the state’s fault rules, a lawyer can guide you through the comparative negligence or contributory negligence theories that apply.

Comparative and Contributory Negligence Theories

These negligence theories play a pivotal role in car accident cases:

Pure comparative negligence: Under this rule, plaintiffs can recoup damages even if their share of fault surpasses the defendants.

Modified comparative negligence: Recovery hinges on whether a plaintiff’s degree of fault exceeds a specific threshold, such as 50%.

An attorney can help you grasp which rule applies in your case and how it influences your claim.

Car Accident Law in Tampa, Florida

Tampa, akin to other cities in Florida, follows the no-fault car accident law. Comprehending this law and knowing how to navigate the labyrinth of the car accident insurance claim process is indispensable for anyone who has been involved in an accident in Tampa.

What to Do After a No-Fault Car Accident in Florida

Following a car accident in Florida, it is critical to abide by these steps:


  • Seek immediate medical help if you’re injured.

  • Report the accident to law enforcement.

  • Contact your insurance company to report the accident and initiate the claim process.

  • Gather all necessary documentation, such as medical records and bills.

  • Consult a car accident attorney if you’re dealing with severe injuries, considerable property damage, disputes over fault, or insurance company hassles.


What does the term ‘no-fault’ in car accident law signify?

The term ‘no-fault’ denotes the system where your own insurance covers your losses after a car accident, regardless of who was to blame for the accident.

How does a no-fault car accident operate in Florida?

In Florida, following a car accident, your own insurance company covers your losses, regardless of who instigated the accident. The minimum coverage required by law is $10,000 in Personal Injury Protection (PIP) insurance.

When should I hire a car accident attorney if I was not to blame?

You should contemplate hiring a car accident attorney in scenarios where there are severe injuries and costly vehicle damage, disputes over blame, or if the insurance company is giving you a runaround. An attorney can also be valuable if the fault rules in your state render things notably intricate.

How do comparative and contributory negligence theories impact my car accident claim?

These theories affect how liability is divided among the parties involved in the accident. Under pure comparative negligence, you can recoup damages even if your share of the blame is greater than the defendant’s. Under modified comparative negligence, your ability to recoup depends on whether your degree of blame surpasses a specific threshold.

What should I do without delay after a no-fault car accident in Florida?

You should seek immediate medical help, report the accident to the police, inform your insurance company, collect the necessary documentation, and potentially consult with a car accident attorney.

Locating the Best Car Accident Lawyer 

If you or someone you know has experienced a car accident, contact Kemp Law Group personal injury lawyers at 727-847-4878 today. Our award-winning track record proves that we are capable of handling your case and obtaining the compensation you deserve.

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