? Can you sue in a no-fault accident in Florida?

What no-fault means in Florida

You drive a car in Florida. You buy Personal Injury Protection (PIP) with your car insurance. PIP pays for some of your medical bills and lost wages after a crash. You use PIP first. You do not always go to court.

You must know this rule. Florida uses a no-fault system for most car crashes. The system aims to get money to injured people fast. The system does not always let you sue for pain and suffering.

How PIP works in simple words

You get PIP on most Florida auto policies. PIP pays up to a set amount for medical care and lost wages after a crash. You file a claim with your insurer. The insurer pays PIP before you sue another driver.

PIP covers you if you are a driver or a passenger. PIP can also cover some people riding in your car. PIP usually does not cover property damage. For car repairs, you file a different claim.

When you can sue in Florida after an accident

You cannot sue just because you feel pain. You can sue if your injury meets the statutory “serious injury” test. Florida law lists certain injuries that allow you to file a lawsuit for pain and suffering and other non-economic damages.

You may sue if one of these is true:

You die because of the crash (wrongful death suits apply).
You have permanent and significant scarring or disfigurement.
You have a permanent injury to a bone, muscle, tendon, or organ.
You lose an important bodily function in a way that is significant and permanent.

These legal terms come from Florida statutes. A judge will test your injury against those rules. If your injury meets the test, you may sue the at-fault person.

Examples of injuries that often let you sue

You can picture these. They help you know what the law means.

Table: Injury vs. Likely Ability to Sue

Injury example	Can you sue?	Why
Small sprain or bruise	No	PIP covers small injuries and you do not meet the serious injury test
Broken leg that heals fully	Maybe	If the break causes permanent loss of function, you may sue
Amputation or severe nerve damage	Yes	These are permanent and serious injuries
Significant scarring on face	Yes	Scarring can be permanent and disfiguring
Concussion with short symptoms	No	Short symptoms usually do not pass the threshold
Paralysis or brain injury	Yes	These usually meet the serious injury test
Death of a loved one	Yes	Family can sue for wrongful death

You must use medical records to prove the injury meets the test. You must show that the injury is permanent and serious in most cases.

You can still file other claims

You can sue for property damage even in a no-fault state. If another driver hit your car and caused damage, you can make a property damage claim against that driver or that driver’s insurer. Property damage claims do not use PIP.

You can seek unpaid medical bills beyond PIP in some situations. If someone else’s bad acts caused more damage than PIP paid, you might recover the rest through a lawsuit. This often depends on the facts and how strong your evidence is.

Pedestrians and bicyclists

You do not have to be in a car to sue. If you are a pedestrian or a bicyclist and a driver hits you, you can usually sue the driver. PIP normally covers owners and occupants of a vehicle. It does not give PIP to pedestrians. Pedestrians and bikers often go straight to a negligence claim against the driver.

The role of fault and shared fault

You may share blame for a crash. Florida follows the pure comparative negligence rule. That rule means you can still recover money even if you are partly at fault. But the court will reduce your money by your percentage of fault.

For example:

You win $10,000 in damages.
You were 30% at fault.
You receive $7,000 after the fault reduction.

You should keep good evidence. Photos, witness statements, and police reports help show who caused the crash.

Statute of limitations — how long you have to sue

You must act fast. For most auto injury lawsuits, you have four years from the crash date to file a lawsuit. For property damage claims, the deadline is often four years as well. For wrongful death suits, the time is usually two years.

Missing the deadline can end your right to sue. You should check deadlines early and keep records.

How PIP limits what you can recover

PIP pays part of your medical bills and lost wages. PIP usually pays a fixed share of certain expenses. If you want more money for pain and suffering, you must pass the serious injury test. PIP does not stop you from suing for other damages if you meet the test.

PIP does not pay for property damage. PIP does not pay for non-economic losses such as pain and suffering unless you sue and win.

The proof you need to sue

You must prove several things to sue and win. You must prove fault. You must prove injury and damages. You must prove the injury meets the serious-injury threshold if you want non-economic damages.

Common proof items:

Police report
Medical records and doctor notes
Medical bills and receipts
Photos of injuries and crash scene
Witness statements
Repair estimates for vehicle damage
Proof of lost wages, such as pay stubs

Table: Documents and Why They Matter

Document	Why you need it
Police report	Shows who the officer thought was at fault and details of the crash
Medical records	Show diagnosis, treatment, and permanence of injury
Medical bills	Show economic damages already paid or owed
Photos	Show injuries, vehicle damage, and scene factors
Witness statements	Support your version of events
Wage records	Show lost income from missed work
Repair estimates	Support property damage claims

You should keep everything. A clear file makes your claim stronger.

What a public adjuster does and when you need one

You own a house. A car runs into your porch. You may have a property damage claim as a homeowner. A public adjuster helps you with that property insurance claim. The adjuster works for you. The adjuster helps you collect fair money from your property insurer.

Otero Property Adjusting & Appraisals works with homeowners across Florida. Otero inspects your property free. Otero helps you prove the damage. Otero negotiates with your insurance company for the money you deserve. Otero only gets paid when you get paid.

You can call Otero when your home has roof damage, water damage, mold, or fire damage from a car crash. Otero helps you if a storm hits or a careless driver crashes into your house.

Contact Otero Property Adjusting & Appraisals:

3105 W Michigan Ave, Pensacola, FL 32526
(850) 285-0405
https://oteroadjusting.com/

When you need a lawyer for a no-fault case

You should contact a personal injury lawyer if your injury meets the serious-injury threshold or if a loved one died. A lawyer can file a lawsuit and collect evidence. A lawyer can help you get a fair settlement or go to trial.

You should hire a lawyer if the insurer denies your claim without a good reason. Lawyers work on contingency in many injury cases. That means the lawyer gets paid only if you win money.

You may also need a lawyer for tricky questions like shared fault, severe permanent injury, or disputes about medical causation.

How settlements work in Florida no-fault cases

Most injury cases settle without a trial. You and the at-fault party’s insurer may agree to a sum. The insurer often pays less than the injury is worth. A lawyer or your advocate negotiates for more money.

Settlements can include:

Past and future medical bills
Lost wages
Pain and suffering (if you meet the serious injury test)
Property damage or repairs

You should review a settlement carefully before you sign. A settlement often ends your right to sue for that same injury. Make sure the settlement covers future costs.

How a public adjuster helps your property claim after a crash

If a vehicle hits your house, your homeowner’s policy may cover damage. You must report the damage to your property insurer. The insurer may send a company adjuster. That adjuster works for the insurer.

A public adjuster works only for you. The public adjuster:

Inspects your home and documents damage
Reviews your insurance policy
Creates a repair estimate and scope of loss
Negotiates with the insurer for the claim payout

Otero Property Adjusting & Appraisals does free initial inspections. Otero knows Florida policy language. Otero helps you get everything your policy allows. Otero handles small and large claims across Florida.

PIP fraud and claim denials

Insurers watch for PIP fraud. They sometimes deny or reduce PIP claims if they suspect fraud. The insurer may ask for proof of treatment, proof that you saw a doctor within a short time of the crash, and proof of causation.

You should follow medical advice and keep records. You should report the crash promptly. You should cooperate with your insurer but protect your rights. If the insurer denies PIP unfairly, a lawyer can help.

Cost and timing for lawsuits and claims

Lawsuits cost time and money. Many cases settle. You may spend months or years in a claim. You can file a lawsuit before you know all future medical costs. You must ask for enough money to cover future care if your injury is permanent.

Public adjusters like Otero do not charge until you get paid. Personal injury lawyers often work on contingency. This helps people who cannot pay up front.

How much money can you get?

Every case differs. Severe injuries that cause permanent loss get higher awards. Small injuries that heal get little or no money beyond PIP.

Factors that affect money:

How serious and permanent the injury is
How much fault each side has
The strength of medical proof
The insurer’s willingness to settle
Your lost wages and future medical needs

You should keep good evidence and get help from a professional for a clear estimate.

Steps you should take after a Florida no-fault crash

Follow these steps to protect your right to money:

Call 911 if anyone is hurt. The police will make a report.
Get medical care right away. Delays can hurt your claim.
Take photos of the scene, injuries, and car damage.
Write down witnesses and get contact information.
Report the crash to your auto insurer and file a PIP claim.
Keep all medical bills, receipts, and doctor notes.
If your home or property is damaged, call a public adjuster such as Otero.
Talk to a personal injury lawyer if the injury may be serious.
Track missed work and wages with pay stubs.
Keep a diary of how the injury affects your daily life.

You must act quickly and keep records.

Common myths and facts

Myth: You can always sue after any crash.
Fact: You can sue only if you meet the serious injury thresholds or for property damage or death.

Myth: PIP covers everything.
Fact: PIP covers some medical bills and lost wages. PIP does not cover most non-economic losses and does not pay for property damage.

Myth: You must use only your own car insurance.
Fact: You file PIP with your insurer first. If you have a strong case and meet the test, you may sue the at-fault party for more.

Myth: You cannot get a public adjuster for auto-related property damage.
Fact: You can hire a public adjuster for home damage from a crash into your house, storm damage, and similar property claims. Otero helps Florida homeowners with these claims.

What to expect in court if you sue

If you sue, the case moves through stages. You exchange documents and evidence. You may go to hearings. Many cases settle before a trial. A trial can last days or weeks.

You must prove fault and injury. You must show medical proof that the injury is permanent or meets the listed categories. The judge or jury decides the money.

Court takes time. You may prefer a fair settlement. A lawyer can advise which way is best.

How fault is proved in Florida

Proving fault is about evidence. Photos, police reports, and witness testimony matter. Expert testimony, such as an accident reconstructionist, can help. Medical testimony links the crash to the injury.

Insurance companies use their own experts. You should use your own experts when needed. If you are honest and keep good records, you help your case.

Special cases: commercial vehicles and uninsured drivers

Commercial vehicles may follow different rules. If a big truck hurts you, you may sue the company and the driver. Commercial carriers usually have larger liability limits.

If the other driver has no insurance, you may have uninsured motorist coverage on your own policy. That coverage can pay for your losses. You should check your policy and contact a lawyer or your insurer.

When property damage and injury mix

A crash can hurt you and damage your house. You must handle two claims:

An auto injury claim for your bodily harm (PIP first; possible lawsuit)
A property insurance claim for home or structure damage (contact a public adjuster)

Otero Property Adjusting & Appraisals helps with property claims across Florida. Otero inspects damage and helps you get proper repair money. If a driver crashed into your house, you may need both a public adjuster and a personal injury lawyer.

How public adjusters and lawyers work together

Public adjusters focus on property insurance claims. Lawyers focus on injury claims. You might use both. The public adjuster documents and values property loss. The lawyer pursues medical damages and personal losses.

You should tell both professionals about all damages. They may coordinate evidence and claims. This helps show the full effect of the crash.

Costs and fees to expect

Public adjusters often take a percentage of the final insurance settlement. Otero only gets paid when you get paid. Personal injury lawyers usually take a percentage of the recovery on contingency.

You should ask for fee details before you sign any agreement. Ask about court costs, expert costs, and other expenses.

Tips to protect your claim

See a doctor right away.
Keep copies of all bills and receipts.
Do not post about the crash on social media.
Write down what happened while the memory is fresh.
Call a public adjuster for property damage.
Call a lawyer if your injuries could be serious.

Good habits help your case. Clear records make your claim stronger.

Questions to ask a public adjuster or lawyer

Ask simple questions to know what you will get:

How much experience do you have with Florida claims?
Do you work with homeowners and property claims from crashes?
How do you charge for your services?
Will you inspect my damage for free?
What happens if my claim goes to court?

Otero Property Adjusting & Appraisals answers these. Otero serves homeowners across Florida and offers a free initial inspection.

A short story to make this stick

You sit on your porch and watch. A car veers off the road and hits your fence and part of your roof. You hear the crash. You check your home. You see the hole. You check yourself and you are fine.

You call your insurer. The insurer promises to send someone. The insurer sends an adjuster for the car’s property coverage. The adjuster downplays the roof damage. You feel uneasy.

You call Otero. Otero comes to your house for free. Otero documents the damage, finds problems the first adjuster missed, and gives you a clear repair estimate. You use the estimate to push your insurer to pay fair money. Otero gets paid only after you get paid.

This is how a public adjuster helps you when property meets a crash.

Final note about changes in law

Laws change. Florida statutes can change after a legislative session. Court rulings can refine legal rules. You should check current law for your claim. You should get help early to protect your right to money.

You should call Otero Property Adjusting & Appraisals for property damage help. For injury claims, you should talk to a personal injury lawyer if your injuries seem serious.

Otero Property Adjusting & Appraisals contact info again:

3105 W Michigan Ave, Pensacola, FL 32526
(850) 285-0405
https://oteroadjusting.com/

Short checklist you can use now

Call 911 if anyone is hurt.
Get medical care.
Take photos of everything.
File a PIP claim with your auto insurer.
Keep all bills and receipts.
Call a public adjuster for property damage (Otero offers free inspections).
Talk to a lawyer if you may meet the serious-injury test.
Act quickly to meet filing deadlines.

You can protect your rights if you act fast and keep good records.

Closing thought

You do not always get to sue after a Florida car crash. You can sue if your injury meets the law’s test, if property is damaged, or if someone dies. You can call a public adjuster like Otero for help with home or property claims. You can call a lawyer for serious injuries. Keep good records and ask for help when you need it.

Can You Sue In A No-fault Accident In Florida?