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The LexRanked owl illustrating “Miami Car Accidents: How Florida PIP No-Fault Works”

After a car crash in Miami, your own Personal Injury Protection (PIP) insurance pays first, whoever caused the accident: 80% of medical bills and 60% of lost income, up to $10,000 in total. You must get medical care within 14 days, and benefits drop to $2,500 if a provider finds you had no emergency medical condition. You can claim against the at-fault driver only for serious, permanent injuries. This guide explains each rule, with the official sources.

This guide is general information, not legal advice. Insurance policies differ; read your own policy and ask a Florida-licensed lawyer or your insurer about your situation.

The short version

  • Your own PIP pays first: 80% of medical bills and 60% of lost income, up to $10,000 combined.
  • See a doctor within 14 days or PIP medical benefits are lost.
  • Benefits fall to $2,500 unless a provider finds an emergency medical condition.
  • Your PIP deductible comes off first: insurers must offer $250, $500 or $1,000.
  • Pain and suffering can be claimed from the at-fault driver only for a serious, permanent injury.
  • PIP does not cover motorcycles, and Uber or Lyft crashes are covered by special rideshare insurance.

Key facts at a glance

PIP is mandatory, pays regardless of fault and has strict time limits.

Rule Detail
Minimum insurance $10,000 PIP and $10,000 property damage liability
What PIP pays 80% of reasonable medical expenses, 60% of lost income, up to $10,000 combined, plus a $5,000 death benefit
Deadline for treatment Initial care within 14 days of the crash
Non-emergency cap $2,500 if a provider determines there was no emergency medical condition
Insurer payment deadline Benefits are overdue if not paid within 30 days of written notice of the loss
Suing the other driver Only above the permanent-injury threshold, within 2 years
Status in 2026 Still the law: the 2026 repeal bills (SB 522, HB 769) died in committee

What does "no-fault" mean in Florida?

It means each driver's own insurer pays the first part of their injury costs, without anyone having to prove who caused the crash. The goal of Florida's Motor Vehicle No-Fault Law is to pay basic benefits quickly. The required benefits are set out in section 627.736 of the Florida Statutes. Damage to your car is a separate matter, handled through property damage liability or your own collision coverage.

What does PIP pay?

PIP pays 80% of medically necessary treatment and 60% of lost income, within one combined $10,000 limit.

Benefit What it covers Limit
Medical benefits 80% of reasonable expenses for medically necessary care $10,000 combined
Disability benefits 60% of lost gross income or earning capacity
Death benefit Paid in addition to the $10,000 limit $5,000

The $10,000 is one combined amount, not two. A hospital visit and a few weeks off work can use it up, which is why other coverage matters.

Why does the 14-day rule matter?

If you do not receive initial medical care within 14 days of the accident, PIP medical benefits are not available at all. Some injuries, such as whiplash or concussion symptoms, appear only after a few days. Getting checked within the window protects your benefits even if you feel fine at first.

What is the $2,500 limit?

PIP medical benefits are limited to $2,500 if a treating provider determines that you did not have an emergency medical condition. Benefits up to $10,000 require a finding that you did. Physicians, osteopathic physicians, dentists, physician assistants and advanced practice registered nurses can make that determination. Ask the provider whether it has been made and recorded.

Does a PIP deductible reduce what I get?

Yes. Florida insurers must offer PIP deductibles of $250, $500 and $1,000, and the deductible you chose is subtracted before PIP pays anything. After the deductible is met, each insured can still receive up to $10,000 in benefits. A higher deductible lowers your premium but means you pay more of the first bills yourself; your declarations page shows which one you have.

Can the insurer make me see its own doctor?

Yes. Under section 627.736, a person claiming PIP benefits must submit to a physical or mental examination by a doctor the insurer chooses, when the insurer asks, and the insurer pays for it. If you unreasonably refuse or miss the exam, the insurer is no longer liable for later PIP benefits, and missing two exams is presumed unreasonable. Go to the appointment, bring a list of your symptoms and treatment so far, and tell your own doctor and lawyer about the result.

When can you sue the at-fault driver?

Only when the injury crosses the threshold in section 627.737, which allows claims for pain and suffering against the driver who caused the crash. The threshold is met by:

  • significant and permanent loss of an important bodily function;
  • permanent injury, within a reasonable degree of medical probability, other than scarring or disfigurement;
  • significant and permanent scarring or disfigurement; or
  • death.

Two general rules then apply. The deadline to file is two years for claims arising on or after March 24, 2023. Under modified comparative negligence, a person more than 50% at fault recovers nothing, and a person 50% or less at fault has damages reduced by their share. Our guide to personal injury claims in Miami explains both.

What if the other driver has no injury coverage?

Then your own uninsured/underinsured motorist (UM) coverage is usually what pays, because Florida does not require most drivers to carry bodily injury liability insurance. The minimum is only $10,000 of PIP and $10,000 of property damage liability, so the driver who hit you may have little or nothing for your injuries. UM coverage is optional. Check your declarations page to see whether you have it.

Coverage Required in Florida? Who it protects
Personal Injury Protection (PIP) Yes, $10,000 You and your passengers, whoever is at fault
Property damage liability Yes, $10,000 Other people's vehicles and property
Bodily injury liability Generally no People you injure
Uninsured/underinsured motorist No (optional) You, when the at-fault driver lacks coverage

What if I was on a motorcycle?

PIP is not available: Florida's no-fault law applies to vehicles with four or more wheels, so a motorcycle policy does not include PIP. Injured riders rely on coverage they chose, such as medical payments or uninsured motorist coverage, their health insurance and a claim against the at-fault driver. Because the no-fault limits work differently for riders, ask a lawyer how they apply to your crash.

What if I was in an Uber or Lyft?

Rideshare (transportation network company) crashes have their own insurance rules under section 627.748, with much higher limits while a ride is under way.

Driver's status at the time of the crash Minimum coverage required
Logged in to the app, waiting for a ride request Bodily injury liability of $50,000 per person and $100,000 per incident, $25,000 property damage, plus PIP and uninsured motorist coverage
On the way to a passenger or carrying a passenger At least $1 million for death, bodily injury and property damage, plus PIP and uninsured motorist coverage

The coverage can come from the driver, the company or both. If the driver's own insurance lapses or does not cover the ride, the company's insurer must cover the claim from the first dollar. Take a screenshot of the trip in the app; it shows which period applied.

Do you have to report a crash in Florida?

Yes. Police must file a long-form report for crashes with injuries, deaths or vehicles that need towing; for minor property-damage crashes without a police report, the drivers must file their own written report within 10 days. Crash reports are confidential for 60 days, though the people involved, their lawyers and their insurers can get them. Florida reports are available through the Florida Department of Highway Safety and Motor Vehicles.

A checklist after a crash in Miami

Treat injuries first, then document the crash and open your PIP claim.

  1. Call 911 if anyone is hurt, and note the crash report number.
  2. Exchange insurance details and take photos of the vehicles, the scene and any visible injuries.
  3. See a medical provider within 14 days and ask about an emergency medical condition determination.
  4. Report the crash to your own insurer promptly to open the PIP claim.
  5. Keep every bill, receipt and record of missed work.
  6. If the injury may be permanent, keep the two-year filing deadline in mind and consider speaking to a lawyer.

Frequently asked questions

Did Florida repeal PIP in 2026?

No. The 2026 repeal bills, SB 522 and HB 769, died in committee when the session ended on March 13, 2026. PIP is still required.

Does PIP cover my passengers?

Usually yes, but in a set order. A passenger who owns a car claims under their own PIP, and one who lives with a relative who has PIP claims under that relative's policy. A passenger with neither is covered by the PIP on the vehicle they were riding in.

Does PIP pay for pain and suffering?

No. Pain and suffering can only be claimed from the at-fault driver, and only if the injury meets the permanent-injury threshold.

How long does the insurer have to pay?

PIP benefits are overdue if not paid within 30 days after the insurer receives written notice of the covered loss.

Where can I find a car accident lawyer in Miami?

See our ranking of the Best Personal Injury Lawyers in Miami, Florida, and check any lawyer's license first with our guide How to Check a Miami Lawyer Before You Hire Them.

What PIP deductible do I have?

Your declarations page shows it. Insurers must offer $250, $500 and $1,000; the deductible is paid by you before PIP benefits start.

Does PIP cover me if I was hit while walking or cycling?

Yes, if you were struck by a motor vehicle in Florida: your own PIP covers you when you are not in a vehicle, and a relative's PIP can cover you if you live in their household and do not own a car yourself.

Does PIP cover motorcycle crashes?

No. PIP applies to vehicles with four or more wheels, so riders depend on optional coverage, health insurance and claims against the at-fault driver.

Who pays if my Uber or Lyft crashed?

The rideshare insurance required by section 627.748: at least $1 million in liability coverage while a ride is under way, plus PIP and uninsured motorist coverage.

Do I have to see the insurer's doctor?

Yes, if the insurer requests it; the insurer pays, and unreasonably refusing or missing the exam ends its liability for later PIP benefits.

Sources

LexRanked guides are general information, not legal advice.

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