How Does Florida’s No-Fault Insurance Remain After the Governor Vetoes the Overhaul Bill?

by Jerrad Ohr | Car Accident Blog
Car crash on road

Even though the Florida legislature passed an auto insurance overhaul bill that would have done away with the State’s No-fault insurance system, Florida motorists are not currently required to obtain new insurance policies since the bill was not passed.

Governor Ron DeSantis vetoed the bill in June 2021, saying that the proposal “does not adequately address the current issues facing Florida drivers and may have unintended consequences that would negatively impact both the market and consumers,” according to an article in the Miami Herald.

The veto means that the law will not take effect and Florida’s no-fault insurance (P.I.P.) system will remain in effect.

What Did Senate Bill 54 Say?

In an effort to revise insurance laws, the Florida legislature introduced Senate Bill 54. The bill would have made significant changes to Florida car insurance laws. Key items in the bill included repealing no-fault insurance requirements and requiring motorists to carry $25,000 in bodily injury liability coverage for each personal injury with a maximum of $50,000 per accident. The bill would also have required a $5,000 death benefit per deceased individual.

These modifications, and other changes relating to settlement negotiations, would have gone into effect next year if the bill had been signed by the governor. Insurance companies would also have needed to notify policyholders of the new requirements. In addition, at that point, drivers would need to update their policies to meet the new requirements. However, since the governor vetoed the bill, the proposed changes will not take effect.

Why Did the Governor Veto the Bill?

The governor vetoed the bill because he said he believed the bill didn’t address current flaws in the insurance system. He also stated that he believed the bill might have unintended consequences.

How Does P.I.P./No-Fault Insurance Work?

No-fault/P.I.P. insurance works by paying a percentage of your medical bills and lost wages related to an accident no matter who was at fault for the accident. For example, if you’re injured in an accident in Florida, your own no-fault insurance helps to cover your medical expenses without you having to worry about proving that someone else caused your injuries.

It’s important to know that no-fault insurance/ P.I.P. insurance generally only covers a maximum of $10,000 in medical expenses, and sometimes much less an injured party waits too long to seek medical treatment. No-fault insurance doesn’t cover damage to vehicles, bodily injury liability claims, or other types of damages such as your pain and suffering.

In order to successfully pursue a claim for your pain and suffering in Florida against someone responsible for a car accident, Florida Law requires you to meet what is known as the no-fault threshold. In general, to meet this threshold, an injured party must suffer a permanent injury in order to be entitled to compensation for pain and suffering.  Examples of permanent injuries may include broken bones, loss of bodily functions, physical limitations, significant scarring, as well as other significant harms.  An experienced car accident attorney should be contacted immediately after an accident to help guide you and to help explain the time limits and other requirements of Florida’s No-Fault Laws.

Am I Required to Have Bodily Injury Liability Coverage in Florida?

No.  Despite what you may have heard or read online recently, bodily injury liability insurance coverage is still not a mandatory requirement under Florida Law. Although the Florida legislature passed a bill that would have required motorists to carry bodily injury liability coverage, like the majority of other U.S. states, the recent veto by the governor means that there will still be many drivers on the road in Florida without any bodily injury liability coverage at all.

To protect your rights, as well as your financial well-being, you should ensure that you keep up-to-date on changes to insurance laws, and if you’re involved in an accident, get in touch with a car accident lawyer as soon as possible. A car accident lawyer can let you know what coverage may be available under your policies and help you pursue the compensation you deserve.

Should I add Bodily Injury Liability Coverage to my Florida car insurance policy?

Yes, at Rosen & Ohr, P.A., we recommend that all Florida drivers purchase bodily injury liability insurance coverage in order to protect themselves in the event an accident occurs.  Although not presently required under Florida Law, this valuable coverage protects you and may prevent you from being sued personally in the event you cause an accident.  Without this very important coverage, an injured party may obtain a personal judgment against you in Court.  After a judgment is obtained, if you do not have bodily injury liability coverage, the injured party may attempt to garnish your wages or even go after certain assets such as your home, vehicles, bank accounts, investments, etc.

How Do I Protect Myself and My Family From Other Drivers that Fail to Carry Bodily Injury Liability Insurance?

You should contact a qualified Florida attorney immediately to find out more about the benefits of adding uninsured/underinsured motorist coverage (UM Coverage) to your auto policy.  In the event you or a family member are injured in an accident caused by an uninsured driver, UM coverage becomes extremely important to help with your medical bills, wage loss, and other damages.  Uninsured Motorist coverage can also help you obtain compensation f if you are injured by someone that flees from the scene of the crash and cannot be identified.  Insurance companies often fail to explain how important uninsured motorist coverage is and many people find out about this coverage when it is already too late—after being involved in an accident.  Please don’t wait until after an accident to find out how important Uninsured Motorist coverage truly is.

If you have questions about Uninsured Motorist coverage, whether such coverage applies to your car accident case, or whether you should add this coverage to your auto insurance policy today, call the experienced South Florida car accident lawyers at Rosen & Ohr, P.A. for a free consultation.

Why You Should Consult a Lawyer Even With No-Fault Coverage

No-fault coverage might cover some of your accident-related expenses, but likely won’t cover all of them. And while it can be a valuable tool in car accidents, it is often insufficient, especially if you’ve suffered severe injuries. A Florida lawyer can help you following an accident by:

    • Explaining your no-fault coverage and how you could pursue compensation
    • Exploring compensation options under your insurance policies and those of the person at fault
    • Managing the paperwork and communications with the insurers
    • Working with accident investigators and experts
    • Handling any settlement negotiations and zealously advocating for you
    • Advocating for you and your rights following an accident
    • Filing a lawsuit and fighting for you in court

These are only some of the key ways that a South Florida car accident lawyer can help you following an accident. From listening to you and answering your questions to advocating for you in negotiations and fighting for you in court, they can help you in so many ways. So if you’ve been injured, don’t wait to get the professional legal help you deserve.

Get Help from Our South Florida Car Accident Lawyers

If you’ve been injured in an auto accident, contact Rosen & Ohr, P.A. now. Our South Florida car accident lawyers are ready to provide professional, zealous, and effective representation tailored to your needs and goals. We understand that personal service is the starting point for a successful case, and we’re ready to talk with you and your family immediately after an accident.

Talk with us as soon as possible. Call us now or get in touch online for your free initial consultation.