In Florida, your Personal Injury Protection (PIP) insurance pays first, regardless of who caused the accident. If your injuries are serious and costs exceed your PIP, you can pursue a claim against the at-fault driver’s insurance or file a lawsuit to recover further damages.
You’ve been in a car accident in Florida, and now the bills are piling up, medical costs, missed work, and painful recovery. But who’s actually going to pay for all this? In this article, we’ll break down who covers personal injury claims in Florida, how personal injury settlements work, what to expect when filing a claim, and what to do if your damages exceed the insurance limits. We’ll also tackle the most common questions and concerns Florida drivers have, like what happens if the at-fault driver has no insurance, whether you can be sued, and what average settlements really look like.
This guide breaks it all down:
- Who pays personal injury claims in Florida
- How car accident settlements work
- What happens when insurance coverage runs out
- Whether you can be sued personally, or sue someone else
We’ll also walk through real questions Florida drivers ask every day, including what to do if the at-fault driver has no insurance, whether a hospital can place a lien on your settlement, and what average settlement amounts really look like.
Florida’s No-Fault System: What That Means for You
PIP Insurance Pays First
Florida is a no-fault state, which means your own insurance pays first, even if the other driver clearly caused the crash. This comes from your Personal Injury Protection (PIP) policy, a required feature in every Florida auto insurance plan.
PIP covers:
- 80% of medical bills
- 60% of lost wages
- Up to a combined $10,000 maximum payout
However, there’s a deadline that can make or break your injury claim. You must receive medical attention within 14 days of the accident. Miss that window, and your insurer can deny the entire claim, no matter how legitimate your injury is.
Another reality check: PIP doesn’t cover pain and suffering. It’s designed for immediate financial needs, not long-term damages or emotional distress.
What If Your Injury Isn’t “An Emergency”?
Even if you do see a doctor within 14 days, there’s another hurdle. If your condition isn’t diagnosed as an emergency medical condition (EMC) by a qualified provider, PIP benefits may be capped at just $2,500.
This classification, often handled through evaluations like those provided by my team at TeleEMC, is a technical yet critical component of your claim. Insurers may challenge whether your injuries meet this standard, which can delay compensation or result in reduced payouts. That’s why EMC evaluations need to be precise, timely, and documented by providers familiar with PIP requirements.
What Happens When PIP Isn’t Enough?
Suing the At-Fault Driver
For many people, $10,000 in coverage barely scratches the surface. A trip to the ER, diagnostic imaging, physical therapy, and time away from work can push your costs well beyond that limit.
When that happens, you can step outside the no-fault system, but only if your injuries qualify as “serious” under Florida law. This includes:
- Permanent injury
- Significant disfigurement or scarring
- Loss of a major bodily function
If you meet these criteria, you can file a claim against the at-fault driver’s Bodily Injury Liability (BI) insurance. That’s where true compensation begins, covering pain and suffering, future lost earnings, and other long-term damages.
What If the Other Driver Has No BI Insurance?
Here’s a surprise most Florida drivers learn too late: Bodily Injury Liability (BI) coverage isn’t required unless a driver has previously caused an accident or been convicted of certain violations.
That means you could be hit by someone who carries zero coverage for your injuries. If this happens:
- You can sue them personally, but collecting anything depends on whether they have assets
- Or you can file through your own Uninsured/Underinsured Motorist (UM/UIM) coverage, if you have it
UM/UIM is optional, but in Florida, it’s more of a necessity. It steps in when the at-fault driver’s insurance falls short, or doesn’t exist at all. Given how many drivers carry the bare minimum, this coverage often determines whether victims walk away with a settlement, or debt.
Where Does Personal Injury Money Come From in Florida?
After a crash, the financial aftermath can feel overwhelming. Medical bills stack up. Workdays are missed. And the insurance policy you thought covered “everything” turns out to be far less generous than expected. Here’s where the money actually comes from when filing a personal injury claim in Florida.
Personal Injury Protection (PIP)
By law, every Florida driver must carry PIP coverage. It pays for your injuries regardless of fault, up to $10,000.
But here’s the catch: It only covers you. If you cause an accident, PIP won’t cover the person you injured. And if someone else causes your injuries, it still only pays your own initial bills.
Because it doesn’t include pain and suffering, future losses, or full income recovery, PIP is just the first layer of compensation, not a complete solution.
Bodily Injury Liability Insurance (BI)
If the other driver is at fault and you’re seriously injured, you may file a third-party claim against their BI coverage.
BI pays for:
- Medical expenses beyond PIP
- Lost wages
- Pain and suffering
- Permanent injury damages
Unfortunately, BI coverage is optional in Florida. Some drivers carry as little as $10,000 per person in BI limits, barely enough for a hospital visit, let alone surgery or rehab.
UM/UIM Coverage (Highly Recommended)
If the other driver doesn’t carry BI insurance, or their coverage isn’t enough, you’ll need Uninsured/Underinsured Motorist (UM/UIM) coverage.
This often-overlooked protection is a lifeline in Florida, where thousands of drivers are underinsured or carry only the legal minimum. UM/UIM pays the gap between what the at-fault driver has and what you need.
Still, UM/UIM doesn’t come automatically. You must add it to your policy, and if you waived it when signing up, now’s a good time to reconsider. Many drivers don’t realize they’re unprotected until it’s too late.
Personal Lawsuits
If all else fails, no BI coverage, no UM/UIM, you may have to sue the at-fault driver personally.
But let’s be honest: lawsuits are risky. Even if you win, you may never collect unless the defendant has real assets or income. Legal judgments can be converted into wage garnishments or liens, but if the other driver is uninsured and broke, there may be nothing to recover.
What Is the Average Personal Injury Settlement in Florida?
No two injury claims are alike. But if you’re trying to gauge what your case might be worth, here’s a breakdown based on real Florida settlements.
Typical Settlement Ranges
- Minor injuries (whiplash, sprains, short recovery): $10,000–$25,000
- Moderate injuries (fractures, extended care, lost wages): $25,000–$100,000
- Severe injuries (surgery, permanent impairment, long-term treatment): $100,000–$1M+
Settlement amounts vary dramatically based on the available insurance, the severity of the injury, and whether a personal injury attorney represents you.
What Affects Your Settlement Amount?
Several factors play into what you’ll walk away with:
- Medical bills: The more you owe in care, the higher your damages
- Lost wages: Time away from work gets factored into the claim
- Pain and suffering: Permanent injuries, scarring, or emotional trauma can significantly raise your award
- Policy limits: You can’t collect more than the total insurance coverage unless you pursue a lawsuit
- Legal representation: An experienced car accident lawyer can often triple the outcome of a self-filed claim
Even then, there’s the legal fee deduction to consider. Most Florida personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win. Typically, they’ll receive 33%–40% of the final settlement. After that, medical liens may also be subtracted, so make sure you understand what your net payout will be.
How a Personal Injury Claim Works (Step-by-Step)
The process of securing compensation after a Florida car accident doesn’t happen automatically. It unfolds in stages, each of which can impact the total amount you receive, how fast you get paid, and whether your claim is even valid under state law.
Step 1 – Get Medical Attention Fast
Florida’s no-fault law gives you 14 days to seek medical care after an auto accident. Wait longer, and your PIP benefits vanish, no matter how severe your injury turns out to be later.
This 14-day rule isn’t just a formality. It affects both your medical eligibility and your legal standing. Seeing a provider immediately also ensures any injuries are diagnosed as an emergency medical condition, which qualifies you for the full $10,000 in PIP coverage. Without that designation, coverage could be capped at $2,500.
That’s why services like TeleEMC exist, to ensure these evaluations are done accurately and efficiently, protecting the injured from missed technicalities.
Step 2 – File an Insurance Claim
Your PIP insurer pays first, regardless of who caused the crash. But when your costs exceed PIP’s limits, or your injuries qualify as “serious”, it’s time to file a liability claim with the at-fault driver’s insurer.
If that driver doesn’t carry BI insurance, or carries too little, you’ll either turn to your UM/UIM policy or prepare to pursue the matter in court.
Step 3 – Talk to a Lawyer
You’re not legally required to hire a personal injury lawyer, but if your damages exceed $10,000, it’s strongly recommended. Car accident attorneys work on a contingency fee, meaning there’s no cost to you unless they win your case.
An experienced lawyer can:
- Negotiate with insurance companies
- Identify all available coverages
- Protect you from quick, lowball settlement offers
- Build the case for maximum financial compensation
Step 4 – Settlement or Lawsuit
Most accident claims settle out of court. But if the insurance company disputes fault, questions your injuries, or refuses to offer a fair settlement, your attorney may recommend filing a lawsuit.
Litigation can take months or years, especially in high-value or wrongful death claims. But in serious cases, it’s often the only way to secure a full and fair recovery.
How to Protect Yourself (and Your Wallet)
Whether you’ve already been in a crash or you’re just preparing for the future, there are steps you can take right now to reduce your risk and protect your finances.
Check Your Policy Now
Don’t assume you’re covered. Review your insurance declarations page, or call your provider and ask:
- Do I have UM/UIM coverage?
- What are my BI liability limits?
- How much PIP do I have, and is it the default minimum?
In many cases, increasing these limits costs just a few dollars per month, but can protect you from tens or even hundreds of thousands in liability.
Don’t Accept the First Settlement Offer
Insurance companies aren’t in the business of paying more than they have to. If you’re injured and self-represented, their first offer will likely be:
- Far below what your case is worth
- Based on incomplete medical records or early estimates
- Designed to settle quickly and cheaply before full damages are known
Car accident attorneys can often double or triple the value of your claim by:
- Properly documenting your injuries
- Negotiating with adjusters
- Pushing back when insurers try to minimize your losses
Document Everything
From the moment of the crash, you are building your case. That means:
- Save all medical bills, including out-of-pocket payments
- Keep track of missed work and income loss
- Maintain a journal of your pain levels, mental health, and recovery
- Get written evaluations from your doctor, especially regarding long-term impact
Strong documentation helps validate your claim and ensures no piece of your compensation is left on the table.
When to Get Legal Help
Not every accident turns into a legal battle, but many do. Knowing when to bring in a personal injury attorney can make the difference between walking away empty-handed or securing the compensation you need to recover.
You Should Talk to a Lawyer If:
- You received emergency medical treatment, underwent surgery, or sustained a permanent injury
- The at-fault driver has no insurance, or their insurance company denies fault
- Your medical bills exceed $10,000, or you’ve lost significant time from work
- You’re being pressured into accepting a quick settlement offer
- You’re facing a subrogation claim, or a medical lien has been filed against your case
Even if you’re unsure, a free consultation with a qualified attorney can clarify your options. In most cases, there’s no upfront cost, you only pay if they win your case.
Who Actually Pays?
After a car accident, figuring out who’s responsible for covering your injuries isn’t always straightforward. Here’s the simplified breakdown:
- Your PIP insurance pays first, but only up to $10,000, and only if you act fast
- If your injuries are serious, you can file a third-party claim against the at-fault driver’s BI insurance, if they have it
- If the other driver lacks coverage, your UM/UIM policy can fill the gap
- If insurance doesn’t go far enough, you may have to pursue a lawsuit
- If you caused the accident and don’t have BI coverage, you could be sued personally
In short: the system is layered, technical, and easy to misstep without legal help.
Need Help After a Crash?
At Applebaum Accident Group, we know what happens after a car accident isn’t just about claims and paperwork, it’s about your life, your recovery, and your future. We built this business because too many accident victims were being left behind. We saw firsthand how people with real injuries were dismissed by law firms, turned away, or pushed into quick settlements that didn’t reflect the true cost of their pain.
That’s why we connect you directly with the right personal injury attorney for your case, not just someone who’s available, but someone who understands the value of your time, your story, and your future.
If you’ve been injured in an auto accident in Florida, and you’re unsure what comes next, we’ll help you figure it out. From securing your PIP evaluation to connecting you with a results-driven car accident lawyer, we’re here to make sure you don’t face this process alone.
Take the First Step Toward Justice
If you’ve been injured in a car accident, don’t wait to seek legal help. Call Applebaum Accident Group today, and we’ll connect you with the right attorney to fight for your rights.
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