Benefits Available and Rights Restricted Under Florida Auto No Fault

The benefits available under the No Fault Law are called Personal Injury Protection (PIP) benefits.  Section 627.735 Florida Statutes requires all Florida car and truck drivers, with some exceptions, to purchase $10,000.00 of Personal Injury Protection (PIP) coverage from an auto accident insurance carrier.  The benefits can be used by the owner of the insurance, relatives living in the same house as the owner, a driver or passenger of the owner’s car or truck, and anyone struck by the owner’s vehicle regardless of who was at fault for the auto accident. The benefits that can be paid from the $10,000.00 include 80% of medical bills incurred, 60% of lost wages incurred, and a $5000.00 death benefit.

In exchange for the right to receive PIP benefits after a car accident, the injured person gives up their right to receive compensation for pain and suffering, mental anguish, and inconvenience damages in most circumstances.  Section 627.737 Florida Statutes bars such damages unless a jury concludes the injured person suffered a permanent injury.  The statute defines a permanent injury to only include (a) significant and permanent loss of an important bodily function, (b) permanent injury within a reasonable degree of medical probability, (c) significant and permanent scarring or disfigurement, or (d) death.