Florida No-Fault Law Explained: What PIP Pays, Who Can Sue, and Where Fault Still Matters
Florida's no-fault law comes down to one trade. Your own auto policy pays the first $10,000 of injury losses after a crash, no matter who caused it. In return, the law limits when anyone can sue over pain and suffering: only if the injury is permanent, causes significant and permanent scarring, or ends in death.
The law is the Florida Motor Vehicle No-Fault Law, ss. 627.730 through 627.7405 of the Florida Statutes (s. 627.730). It dates to 1971, and it's still in force in 2026. Most people know it as "PIP," the personal injury protection coverage it requires. Here's what it requires, what it pays, who it covers, where fault still decides everything, and what happened to the latest bills to repeal it.
Source: s. 627.736(1), Florida Statutes (2026).
The trade the law makes
The statute states its own purpose plainly (s. 627.731): provide medical, surgical, funeral and disability benefits "without regard to fault," require insurance that secures those benefits for vehicles registered in Florida, and limit the right to claim damages for "pain, suffering, mental anguish, and inconvenience."
So there are two halves. The benefit half is PIP: quick, limited payments from your own insurer for medical bills and lost income. The limit half is the tort exemption in s. 627.737: a driver who carries the required PIP is protected from injury lawsuits to the extent PIP pays, and from pain-and-suffering claims unless the injury crosses a threshold.
The idea was to keep small injury claims out of court. Whether it still works that way is exactly what the repeal debate is about. But that's policy. For a driver, what matters is that both halves are on the books today, and that Florida once let the law lapse: it sunset in 2007, and the Legislature revived it with PIP required again from January 1, 2008 (s. 627.7407).
Who has to carry PIP
Every owner or registrant of a motor vehicle that has to be registered in Florida must keep PIP in force continuously for the whole registration period (s. 627.733(1)). "Continuously" means even if the car sits in the garage: FLHSMV says coverage has to stay in place even if the vehicle isn't being driven or doesn't run (FLHSMV).
- Four wheels or more. The no-fault and property damage rules apply to self-propelled vehicles with four or more wheels (s. 627.732(3); s. 324.022(2)), so motorcycles sit outside the PIP mandate.
- PDL comes with it. You also need $10,000 of property damage liability (PDL), and an insurer can't require you to buy any other coverage, or PDL above $10,000, as a condition of selling you PIP (s. 627.736(1)).
- Snowbirds and visitors. A nonresident's car that has been in Florida more than 90 days of the last 365 needs PIP from then on (s. 627.733(2)).
- Exceptions. School buses and limousines are excepted; taxis follow separate liability rules; a service member on active duty outside the U.S. in an emergency is exempt while nobody drives the car (s. 627.733(1), (5)).
The part people skip: if you're required to carry PIP and don't have it on the day of a crash, you lose the tort exemption and become personally liable for the PIP benefits yourself, with the same obligations as an insurer (s. 627.733(4)). FLHSMV can also suspend your license and registration for up to three years, with reinstatement fees of up to $500. The full list of what Florida requires, and the coverages it doesn't, is in my post on Florida car insurance requirements.
What PIP pays
| Benefit | What the statute says | Limit |
|---|---|---|
| Medical | 80% of reasonable expenses for medically necessary medical, surgical, X-ray, dental and rehabilitative care, including ambulance, hospital and nursing | Up to $10,000 with an emergency medical condition finding; $2,500 if a provider finds there was none |
| Lost income (disability) | 60% of lost gross income and earning capacity, plus reasonable costs of hiring someone for household work you can't do; paid at least every 2 weeks | Shares the same $10,000 as medical |
| Death | $5,000 per person, paid to the estate, a relative or another person the insurer finds equitably entitled | $5,000, on top of the $10,000 |
| Not covered | Massage therapy and acupuncture, whoever provides them | Not payable |
| Timing | Initial care must come within 14 days of the crash from a provider the statute lists | No medical benefits if care starts later |
Source: s. 627.736(1)(a) to (c), Florida Statutes (2026); Florida OIR form OIR-B1-1149, Notification of PIP Benefits.
Two rules in that table decide more claims than the rest put together. The 14-day initial-care rule, and the emergency medical condition (EMC) finding that separates the $10,000 limit from the $2,500 one. Only a medical or osteopathic doctor, a dentist, a physician assistant or an advanced practice registered nurse can make the finding that unlocks $10,000. I covered both rules in detail, with the provider list and the deductible math, in the Florida PIP 14-day rule.
Two more details worth knowing. PIP is primary: it pays before your health insurance, except that workers' compensation benefits you receive are credited against it (s. 627.736(4)). And benefits are overdue if the insurer doesn't pay within 30 days after written notice of the covered loss and its amount.
Whose PIP pays: the order of coverage
"No-fault" also means you usually claim from your own insurer, not the other driver's. The statute sets out whose policy pays in s. 627.736(4)(e). The pattern: if you own a car that needs PIP, your own policy follows you. If you don't, you're usually covered by a household relative's policy or by the policy on the car involved.
| You were... | Whose PIP pays |
|---|---|
| Driving your own car in Florida | Your policy |
| A passenger in a friend's car, and you own a car that needs PIP | Your policy |
| A pedestrian or cyclist hit by a car in Florida, and you own a car that needs PIP | Your policy |
| A relative living in the policyholder's home who doesn't own a car that needs PIP | The household policyholder's PIP |
| A passenger who owns no car and has no household PIP | The PIP on the car you were riding in |
| A Florida resident pedestrian with no car and no household PIP, hit by a car | The PIP on the car that hit you |
| Driving your own car in another state or Canada | Your policy (U.S., its territories and Canada) |
Source: s. 627.736(1) and (4)(e), Florida Statutes (2026); OIR form OIR-B1-1149.
The case that surprises families: a relative who lives with you and owns a Florida-registered car isn't covered by your PIP. OIR's standard notice says they must buy their own. And the limit doesn't stack: if two insurers both owe PIP for the same injury, the most payable is still the statutory limit, and the insurers split it among themselves.
One quirk with commercial vehicles. If you're hurt riding in, or struck by, a commercial vehicle, your private passenger PIP still pays you first, then your insurer can seek reimbursement from the commercial vehicle's owner or insurer (s. 627.7405). That's between the insurers. It doesn't delay what you're owed.
A worked example: medical bills plus lost wages
| Step | Example A | Example B |
|---|---|---|
| Medical bills | $6,000 | $12,000 |
| PIP medical at 80% | $4,800 | $9,600 |
| Gross income lost | $3,600 | $7,200 |
| PIP lost income at 60% | $2,160 | $4,320 |
| Medical + lost income before the limit | $6,960 | $13,920 |
| PIP pays (combined $10,000 limit) | $6,960 | $10,000 |
| Your losses PIP didn't cover | $2,640 | $9,200 |
Source: calculated from s. 627.736(1)(a) and (b) and s. 627.739(2), Florida Statutes. Hypothetical figures.
Example A stays under the limit: PIP pays $6,960 and leaves you $2,640 short, the 20% of medical and 40% of wages it never covers. Example B runs into the ceiling. The two benefits would add up to $13,920, but medical and lost income share one $10,000 limit, so PIP stops at $10,000 and $9,200 of your losses are left over.
Where does the gap go? Medical payments coverage, if your policy has it, is secondary to PIP, and whether it picks up the 20% depends on the wording, per OIR's notice. Health insurance may cover medical costs PIP didn't. And because you weren't at fault, you can claim against the other driver for the economic losses PIP didn't pay. What you can't do is collect from the other driver what PIP already paid or owes you: the statute bars that double recovery, and your PIP insurer has no lien on your settlement (s. 627.736(3)). Pain and suffering is the separate question in the next section.
Add a deductible and the numbers shift. Insurers must offer $250, $500 and $1,000 PIP deductibles, and the deductible comes off 100% of your expenses and losses first (s. 627.739(2)). OIR's own example: with a $1,000 deductible and no lost-wage claim, it takes $13,500 of medical bills to collect the full $10,000.
The tort threshold: when you can sue for pain and suffering
Under s. 627.737(2), someone hurt in a crash can recover damages for pain, suffering, mental anguish and inconvenience from a driver who carries the required PIP only if the injury consists, in whole or in part, of one of four things:
| Threshold | Statute wording | In plain terms |
|---|---|---|
| (a) | Significant and permanent loss of an important bodily function | A lasting loss of an important function, and the loss has to be significant |
| (b) | Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement | Medical evidence shows, to a reasonable degree of medical probability, that the injury is permanent |
| (c) | Significant and permanent scarring or disfigurement | Scarring has to be both significant and permanent |
| (d) | Death | A crash death crosses the threshold |
Source: s. 627.737(2), Florida Statutes (2026).
The defendant can test this before trial. On a motion, the court looks once, 30 days before trial or the pretrial hearing, at whether the injured person can submit some evidence of meeting the threshold. If not, the pain-and-suffering claim is dismissed without prejudice (s. 627.737(3)).
My read: the threshold matters most for soft-tissue injuries. A sprain that heals in eight weeks gets PIP, plus whatever economic losses you can recover from the at-fault driver, and that's usually it. A torn ligament that leaves a permanent impairment is a different case. The threshold is a medical question first and a legal question second, which is why the records from that first visit matter so much.
What no-fault does not mean
"No-fault" only describes the first layer of injury benefits. Almost everything else after a Florida crash still turns on who caused it.
| Coverage or claim | Does fault decide who pays? | Where it comes from |
|---|---|---|
| PIP (your injuries, up to $10,000) | No. Your own policy pays | s. 627.736 |
| Damage to the other person's car or property | Yes. The at-fault driver's PDL pays, up to its limit | s. 324.022 |
| Injuries beyond PIP: bills, wages, pain and suffering if over the threshold | Yes. A claim against the at-fault driver, or their bodily injury liability coverage if they have it | s. 627.737 |
| Your injuries when the at-fault driver has no or too little BI | Yes. Your uninsured motorist coverage, if you didn't reject it in writing | s. 627.727 |
| Damage to your own car | Yes. You claim against the at-fault driver's PDL; collision coverage, if you carry it, pays under its own terms | s. 324.022; your policy |
| Your share of the blame | Yes. More than 50% at fault for your own harm and you recover nothing in a negligence suit | s. 768.81(6) |
Source: s. 627.736, s. 324.022, s. 627.737, s. 627.727, s. 768.81, Florida Statutes (2026).
The last row is the 2023 tort reform law, HB 837 (ch. 2023-15, approved March 24, 2023). It replaced pure comparative negligence with a modified rule: a party found more than 50% at fault for their own harm can't recover damages (s. 768.81(6)). The same law cut the deadline for negligence suits to two years (s. 95.11(5)(a)). Neither change touches PIP itself, which pays regardless of fault. They change what happens on everything above it. My post on Florida tort reform goes through the rest of ch. 2023-15.
Here's the uncomfortable part. Bodily injury liability isn't required to register a typical private car in Florida; FLHSMV lists only PIP and PDL. So the at-fault driver in your crash may carry nothing that pays for your injuries beyond your own PIP. That's what uninsured motorist (UM) coverage is for, and it only exists on your policy if you have BI and didn't reject UM in writing. The details, including stacked versus non-stacked, are in Florida uninsured motorist coverage.
Florida crash numbers, 2022 to 2024
The FLHSMV annual report counts "codable" crashes: those with an injury or complaint of pain, a death, a hit-and-run, a DUI, a vehicle towed from the scene, or a commercial vehicle. In 2024 there were 381,423 of them, down from 395,175 in 2023.
- Property damage only
- Injury or fatal
Source: FLHSMV, Florida Traffic Crash Facts Annual Report 2024, 2024-2022 statistics summary
Show the numbers
| Property damage only | Injury or fatal | |
|---|---|---|
| 2022 | 231,178 | 166,442 |
| 2023 | 227,600 | 167,575 |
| 2024 | 217,587 | 163,836 |
| Measure | 2022 | 2023 | 2024 |
|---|---|---|---|
| Total crashes | 397,620 | 395,175 | 381,423 |
| People injured | 252,169 | 252,285 | 246,426 |
| Deaths | 3,553 | 3,375 | 3,098 |
| Hit-and-run crashes | 107,844 | 105,092 | 97,999 |
Source: FLHSMV, Florida Traffic Crash Facts Annual Report 2024 (latest full year published; figures subject to later updates). People injured = incapacitating + other injuries.
Two numbers explain why no-fault is only part of the story. About 57% of 2024's codable crashes were property damage only, where no-fault plays no role and the at-fault driver's PDL pays. The other 43% involved an injury or a death: 163,836 crashes and 246,426 people hurt. That's where PIP pays first.
And roughly one crash in four (97,999, or 26%) was a hit-and-run. If the other driver leaves, PIP still pays your injury benefits, because it was never about the other driver. What's left after PIP depends on your own UM coverage.
Is Florida getting rid of no-fault?
Not as of October 2026. Repeal bills have been filed every session since 2021 (the full list is in the PIP 14-day rule post). The closest call was 2021, when SB 54 passed both chambers and Gov. DeSantis vetoed it on June 29, 2021.
The 2026 attempts went nowhere. SB 522, which would have repealed the no-fault law effective January 1, 2027, died in the Senate Banking and Insurance Committee on March 13, 2026. Its House counterpart, HB 769, died in the Civil Justice & Claims Subcommittee the same day. Neither got a committee vote.
Any future repeal needs a new bill, passage in both chambers and the governor's signature. The 2026 bills, for example, would have taken effect January 1, 2027. If that happens, I'll update this post. Until then, plan around the law on the books, and be wary of anything online that says PIP is already gone. The bill-by-bill history since 2021 is in the PIP 14-day rule post.
What to check on your policy
Pull up your declarations page and look for five things. Renewal is the easiest time to change any of them.
- PIP deductible. None, $250, $500 or $1,000. A higher one lowers the premium and raises the bill you need before PIP pays anything.
- Lost-wage exclusion. If you elected it, PIP pays no lost income. The statute advises a named insured not to elect it if the named insured or dependent resident relatives are employed (s. 627.739(5)).
- Bodily injury liability. Not required for most private cars, so check whether you have it and at what limits. Without it, nobody defends you if someone you hurt crosses the threshold and sues.
- Uninsured motorist. The limit, stacked or non-stacked, or a signed rejection.
- Medical payments coverage. Whether you have it, and whether the wording pays the 20% PIP doesn't and your PIP deductible.
If you want to see how these coverages fit together on a Florida policy, the Florida auto insurance page lays them out, and the Florida umbrella insurance page covers liability protection above your auto limits.
FAQ
What is the Florida no-fault law?
It is the Florida Motor Vehicle No-Fault Law, ss. 627.730 to 627.7405 of the Florida Statutes. It requires owners of most four-wheel vehicles registered in Florida to carry $10,000 of personal injury protection (PIP), which pays injury benefits regardless of fault, and it limits lawsuits for pain and suffering unless an injury crosses the threshold in s. 627.737(2).
Does no-fault mean nobody is blamed for a Florida car accident?
No. No-fault applies to the first layer of injury benefits, which your own PIP pays. Fault still decides who pays for property damage, injury claims above PIP, uninsured motorist claims, and whether you can recover at all, since a person more than 50% at fault for their own harm recovers nothing in a negligence suit under s. 768.81(6).
Can you sue for pain and suffering after a car accident in Florida?
Only if the injury includes significant and permanent loss of an important bodily function, a permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death (s. 627.737(2)).
Is Florida still a no-fault state in 2026?
Yes. The 2026 repeal bills, SB 522 and HB 769, both died in committee on March 13, 2026, so PIP is still required. In 2021 a repeal bill, SB 54, passed both chambers and was vetoed on June 29, 2021.
Your own policy wording and Florida law control how any claim is paid. Confirm your situation with a licensed agent, the Florida Office of Insurance Regulation or Department of Financial Services, or, for legal questions, an attorney.
Sources
- Florida Statutes s. 627.730, Florida Motor Vehicle No-Fault Law (2026)
- Florida Statutes s. 627.731, purpose (2026)
- Florida Statutes s. 627.732, definitions (2026)
- Florida Statutes s. 627.733, required security (2026)
- Florida Statutes s. 627.736, required PIP benefits (2026)
- Florida Statutes s. 627.737, tort exemption and threshold (2026)
- Florida Statutes s. 627.739, PIP deductibles and lost-wage exclusion (2026)
- Florida Statutes s. 627.7405, insurers' right of reimbursement (2026)
- Florida Statutes s. 627.7407, 2008 revival of the no-fault law (2026)
- Florida Statutes s. 627.727, uninsured motorist coverage (2026)
- Florida Statutes s. 324.022, property damage liability (2026)
- Florida Statutes s. 768.81, comparative fault (2026)
- Florida Statutes s. 95.11, limitations of actions (2026)
- Laws of Florida ch. 2023-15 (HB 837)
- Florida OIR form OIR-B1-1149, Notification of Personal Injury Protection Benefits
- FLHSMV: Florida insurance requirements
- FLHSMV: Florida Traffic Crash Facts Annual Report 2024
- Florida Senate: SB 54 (2021)
- Florida Senate: SB 522 (2026)
- Florida Senate: HB 769 (2026)
This article is for general educational purposes only and is not legal, tax or insurance advice. Coverage depends on the actual policy, its terms, conditions and exclusions, and state law. Maru Insurance · WA License (WAOIC) #1365574 · FL License #G363233 · NPN 22261820.