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In Miami, Florida, no-fault accidents are covered by the state’s no-fault system. This streamlines the accident claims process, reduces litigation, and ensures that injured parties receive prompt medical care regardless of who caused the accident.
At The Morgan Law Group, we represent injured victims involved in no-fault accidents in Miami. If you were hurt in a car, bus, truck, or motorcycle crash, understanding how the no-fault system works can help you protect your rights and secure the compensation you need with the help of our Miami accident attorney.
What Is a No-Fault Accident in Miami?
Florida is one of the few states that follow a no-fault auto insurance system. In a no-fault accident, each person’s own insurance policy pays for their medical expenses and lost wages, regardless of who caused the crash.
This is different from states with fault-based systems, where the at-fault driver’s insurance typically pays for the victim’s injuries. Under Florida law, drivers are required to carry a minimum Personal Injury Protection (PIP) coverage.
This coverage applies to:
- The policyholder
- Relatives living in the same household
- Certain passengers
- Pedestrians or bicyclists struck by the insured vehicle
This no-fault system in accidents is designed to avoid delays and legal battles over who was responsible for an accident. But it also limits your ability to sue the other driver unless your injuries meet a certain legal threshold. That threshold is known as the “serious injury threshold,” and if met, allows injured victims to pursue damages beyond what PIP covers.
Not all accidents are treated the same under Florida’s no-fault laws. Some involve exceptions or alternative procedures.
For instance, motorcycles are not covered by Florida’s no-fault insurance. Motorcyclists are not required to carry PIP, so if you’re injured while riding a motorcycle, your medical bills must be paid through health insurance, MedPay, or a claim against the at-fault driver’s bodily injury coverage.
What Will No-Fault Insurance Cover After an Accident in Miami?
Your Personal Injury Protection coverage provides specific benefits regardless of who caused the accident.
Here’s what it typically includes:
Medical Expenses
PIP covers 80% of reasonable and necessary medical bills for services like:
- Emergency room treatment
- Hospital stays
- Surgery
- Physical therapy
- Ambulance services
- Medications
- Follow-up care
Lost Wages
If your injuries prevent you from working, PIP covers 60% of your lost income, up to your policy limits. This can be crucial if your recovery period causes extended time off work.
Replacement Services
If your injuries prevent you from performing household tasks (like childcare, cleaning, or yard work), PIP can pay for substitute services, allowing you to maintain your daily life while recovering.
Death Benefits
If the accident is fatal, PIP provides a $5,000 death benefit to help surviving family members with funeral and burial costs.
To maximize the full $10,000 in PIP benefits, a medical provider must diagnose your injury as an “Emergency Medical Condition.” If not, your PIP benefits may be capped at $2,500.
What Will No-Fault Insurance Not Cover After an Accident in Miami?
While PIP offers important protections, it doesn’t cover everything.
There are limitations to be aware of:
Pain and Suffering
No-fault insurance does not compensate for pain, suffering, emotional distress, or loss of enjoyment of life. These are considered noneconomic damages and can only be pursued in certain cases where injuries meet the serious injury threshold.
Property Damage
PIP doesn’t cover damage to your car or other property. For that, you need Property Damage Liability (PDL) insurance or collision coverage.
Full Reimbursement
PIP only pays 80% of medical expenses and 60% of lost income, up to the policy limit. You may still face out-of-pocket costs if your treatment or time off work exceeds what’s covered.
Injuries Outside Insurance Coverage
Motorcycles, for example, are not covered under Florida’s no-fault system. Motorcyclists must rely on other forms of insurance or pursue a liability claim against the at-fault party.
Injuries Not Treated Within 14 Days
If you don’t receive medical care within 2 weeks of the accident, your PIP claim may be denied entirely. Always seek prompt care and document the date and provider.
Can You Step Outside the No-Fault System and Sue?
In some cases, your injuries may be severe enough to allow you to file a lawsuit against the at-fault driver.
Florida’s no-fault law permits legal action if your injuries involve:
- Significant and permanent loss of a bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent disfigurement or scarring
- Death
If you meet this “serious injury threshold,” you can pursue compensation for:
- Pain and suffering
- Full lost wages
- Future medical expenses
- Loss of consortium
- Mental and emotional distress
Pursuing a claim outside of PIP requires building strong medical documentation and may involve testimony from your treating physicians or independent medical examiners. It also opens the door to negotiating with or suing the at-fault driver’s insurance company. An experienced personal injury attorney can help present a compelling case.
Additionally, you may be able to recover damages through uninsured/underinsured motorist (UM/UIM) coverage if the at-fault driver lacks adequate insurance. This coverage can be invaluable in hit-and-run accidents or crashes involving underinsured parties.
Steps to Take After a No-Fault Accident in Miami
Although no-fault laws simplify the insurance process, there are still essential steps you must take to preserve your rights and benefits after an accident in Miami:
1. Seek Medical Attention
Florida law requires that you seek medical care within 14 days of the accident to qualify for PIP benefits. Delaying treatment can jeopardize your claim. Even if you don’t feel injured, it’s important to be evaluated, as symptoms may not be immediately apparent.
2. Report the Accident
Notify your insurance company as soon as possible. Provide accurate details, but avoid making recorded statements or accepting fault until you speak to an attorney.
3. Document Everything
Take photos of the accident scene, vehicle damage, injuries, and anything else that may serve as evidence. Collect contact information from witnesses and obtain a copy of the police report.
4. Follow Medical Advice
If a doctor recommends follow-up care, therapy, or specialist treatment, follow through. Inconsistent care can affect your insurance payout and credibility in future legal proceedings.
5. Get a Lawyer After a No-Fault Accident
Even in no-fault cases, insurance companies may delay, deny, or underpay valid claims. Having a lawyer after a no-fault accident can ensure you’re receiving the full benefits you’re entitled to and advise you if your injury meets the threshold to file a lawsuit.
Not Sure What Happens After a No-Fault Accident in Miami?
No-fault insurance provides essential benefits after an accident, but it doesn’t guarantee full compensation, especially if your injuries are serious. Understanding how the no-fault system works and when you can step outside it is crucial.
If your injuries exceed your policy limits or meet the serious injury threshold, you may be eligible to pursue a claim against the at-fault driver for damages beyond what PIP covers. That’s where working with a knowledgeable personal injury attorney becomes essential.
The Morgan Law Group has experience representing victims of no-fault accidents in Miami, from cars, trucks, motorcycles, etc. We understand the unique challenges of Florida’s no-fault system and are here to help injured individuals seek the compensation they deserve.
To learn more about what you can do after a no-fault accident, contact us today at (305) 520-7254 or contact us using our online form for a free consultation about your no-fault accident at our office in Miami.
