Michael Brogan | May 20, 2026 | Florida Law
Navigating Florida’s legal system after a car accident can be challenging, especially when encountering unfamiliar terms like “no-fault” and “statute of limitations” in insurance documents and online searches. If you’re wondering what these mean and how they affect your case, you’re not alone.
This blog breaks down Florida’s no-fault insurance rules and important deadlines you should be aware of when filing a car accident claim.
What Does “No-Fault” Mean?
Florida is one of a few states in the U.S. that follows a “no-fault” system when it comes to car insurance. In plain terms, this means that after a crash, your own insurance company pays for your medical bills and certain other losses—no matter who caused the accident.
Your personal injury protection (PIP) coverage will kick in right away to help cover:
- 80% of all necessary medical expenses up to $10,000
- 60% of lost wages up to $10,000
- Up to $5,000 for funeral and burial expenses in the event of a death
This system is designed to simplify and speed up access to medical care. It doesn’t matter if you were hit by a distracted driver or caused the crash yourself — your own insurance will handle your immediate expenses.
Does This Mean I Can’t File a Lawsuit?
While Florida’s no-fault laws handle many minor accidents through insurance, there are exceptions. If you suffer a “serious injury,” you may be able to file a personal injury lawsuit against the at-fault driver.
Examples of serious injuries include:
- Significant or permanent loss of a body function
- Permanent injury or scarring
- Death
If your injuries meet this threshold, you can step outside the no-fault system and pursue damages for pain and suffering, emotional distress, and more.
How Long Do I Have to File a Lawsuit in Florida?
The statute of limitations is the legal deadline for filing a lawsuit. In Florida, the statute of limitations for most car accident claims is two years from the date of the crash.
There are some exceptions. For example:
- If the injured person is a minor, the deadline might be extended.
- If the crash involves a government vehicle, there may be a shorter deadline for filing.
Because the rules can get tricky, it’s best to talk to a car accident lawyer as soon as possible after a crash.
What About Property Damage?
Florida’s no-fault rules only cover injuries, not damage to your car. If your vehicle was damaged or totaled in the crash, you can file a claim against the other driver’s property damage liability (PDL) insurance.
Florida law requires drivers to carry at least $10,000 in PDL coverage. If your car damage costs more than that, you may need to sue the at-fault driver to recover the rest.
What If I Was Partially at Fault for My Accident?
Florida follows a rule called modified comparative negligence. This means that if you were partly to blame for the accident, your compensation could be reduced. However, if you were more than 50% at fault, you can’t recover anything.
For example, if you were texting while driving and another driver ran a red light, a court might determine that you were 30% at fault. If your damages total $100,000, your compensation would be reduced by 30%, and you’d receive $70,000.
Contact Krakower Tabb Gluck Personal Injury Lawyers, Today for a Free Consultation With a Plantation Car Accident Lawyer
If you were injured in a crash in Plantation or anywhere in South Florida, don’t wait to get legal advice. At Krakower Tabb Gluck Personal Injury Lawyers, we’re here to answer your questions and help you understand your legal options.
For more information, contact an experienced Plantation car accident lawyer at Krakower Tabb Gluck Personal Injury Lawyers to schedule a free consultation today.
For more information, please contact the Plantation personal injury lawyers at Krakower Tabb Gluck Personal Injury Lawyers for a free consultation. Give us a call at (954) 474-4244, or visit our convenient location:
Krakower Tabb Gluck Personal Injury Lawyers
333 NW 70th Ave, Suite 103, Plantation, FL 33317
(954) 474-4244
Available 24/7
