Who Pays After a Car Accident in Miami?

When someone is hurt in a Miami car accident, car insurance typically pays for the damages and injuries, at least initially. Florida’s no-fault law requires your own Personal Injury Protection (PIP) coverage to step in regardless of who caused the crash. 

Additional compensation can come from the at-fault driver’s insurance when injuries are serious enough to meet the statutory threshold. These cases often call for help from experienced Miami car accident attorneys, like The Morgan Law Group, who understand how insurance rules determine who pays after a car accident.

Whose Insurance Pays for Car Accident Damages?

Florida follows a no-fault system for injury claims, meaning your own insurance typically pays the first layer of medical expenses and lost wages through PIP coverage. 

Personal Injury Protection

Florida’s PIP requirements include:

• Up to 80% of reasonable medical expenses
• Up to 60% of lost wages
• Death benefits up to $5,000
• Coverage up to $10,000, unless your insurer applies a reduced limit

PIP applies even in no-fault accidents, such as low-speed collisions or unclear liability crashes.

However, PIP will not cover everything. Emergency room care, specialist treatment, physical therapy, imaging, and follow-up visits can quickly exceed $10,000. Many learn this only after receiving the full stack of medical bills after a crash.

Property Damage Claims

Florida requires all drivers to carry Property Damage Liability (PDL) insurance. 

When another driver causes the crash, their PDL pays for:

• Vehicle repairs or replacement
• Damage to fences, buildings, or other structures
• Rental car reimbursement (in some policies)

Unlike PIP, property damage claims rely on proving fault.

Bodily Injury Claims 

Some injuries surpass the threshold that allows victims to file a claim against the at-fault driver. 

Under Florida car accident laws, victims may step outside of no-fault if they suffer:

• Significant and permanent loss of an important bodily function
• Permanent injury
• Significant and permanent scarring or disfigurement
• Death

When this applies, victims can pursue compensation from the at-fault driver’s Bodily Injury Liability (BIL) coverage, if they carry it. BIL is not required in Florida unless the driver has a history of certain violations.

When it does apply, BIL can pay for:

• Medical expenses not covered by PIP
• Future medical needs
• Lost income and reduced earning ability
• Pain and suffering
• Wrongful death damages

This is also when questions about the amount someone can sue for a car accident become important. Serious cases often involve substantial financial losses, and BIL coverage may not always be enough.

What if the Liable Driver Doesn’t Have Car Insurance?

Despite legal requirements, uninsured and underinsured drivers are common in Florida. When an at-fault driver lacks coverage, victims often wonder who pays after a car accident under these circumstances.

Uninsured Motorist (UM) Coverage plays a crucial role when the other driver has no insurance. Although UM is optional in Florida, it is highly recommended because it can pay for:

• Medical expenses not covered by PIP
• Lost wages
• Future treatment
• Pain and suffering
• Wrongful death damages

If the at-fault driver’s insurance coverage is not enough, Underinsured Motorist (UIM) coverage may apply when the at-fault driver’s policy limits are too low to cover the victim’s medical needs or long-term costs.

Additional Costs That May Influence Who Pays After a Crash

Not all expenses fall neatly into PIP, BIL, and UM/UIM payment categories. 

Depending on the car crash, victims may encounter costs linked to long-term recovery, work disruptions, or property losses that extend beyond the initial claim. These circumstances often raise more questions about who pays after a car accident, especially when insurance coverage is limited.

Out-of-Pocket Medical Expenses

These expenses may include:

• Co-pays and deductibles
• Prescription medications
• Medical equipment like crutches or braces
• Out-of-network specialist care
• Transportation for medical visits

Even when insurance pays part of the bill, unresolved balances often remain. 

Future Medical Needs

Serious injuries such as spinal trauma, brain injuries, or fractures can require surgery, physical therapy, and rehabilitation programs. When injuries create a long-term disability, costs can multiply dramatically.

Property Damage Aside from the Vehicle

Significant crashes sometimes destroy items such as:

• Laptops
• Phones
• Car seats
• Work equipment
• Personal belongings inside the vehicle

These losses are covered separately from medical claims.

If damages exceed all available insurance coverage, a lawsuit may be necessary to seek additional compensation. This is when an auto accident attorney in Miami can help assess your case.

Can You Sue the Liable Driver After an Accident?

In Florida, a car accident lawsuit is permitted when the victim’s injuries meet the serious injury threshold or when the claim falls outside the no-fault system, such as property damage or wrongful death cases.

A lawsuit may become appropriate when:

• The at-fault driver denies responsibility
• Their insurance company refuses to pay fairly
• Damages exceed policy limits
• There is a dispute over medical necessity
• The driver acted recklessly 

Once a lawsuit is filed, the court examines liability, medical evidence, financial losses, and the impact of injuries on daily life.

If you were partly at fault in a crash, Florida’s modified comparative fault rule can affect how much compensation you can recover. 

Under this rule:

• Compensation is reduced by your percentage of fault
• If you are more than 50% at fault, you can’t recover damages

Because fault allocation directly determines who pays after a car accident, evidence becomes central to the outcome of your claim.

Don’t Guess Who Should Pay, Talk to a Miami Crash Attorney 

Understanding who pays after a car accident requires a close look at Florida’s no-fault law, fault determinations, and available insurance coverages. While PIP covers the first layer for payments for medical bills and other damages, it often leads victims to pursue additional compensation through fault-based claims or lawsuits. 

If you or someone close to you was injured in a collision, The Morgan Law Group offers guidance to help you understand your legal options, assert your rights after a crash. Call us today at (305) 614-5235 or contact us using our online form for a free consultation about your car accident claim at our office in Miami.