How Does Florida’s No Fault Law Affect Pedestrian Accident Claims?

As the name implies, Florida no fault law pays for vehicle and pedestrian accident claims regardless of who was at fault.

Florida is one of 12 states that has implemented a no fault system. It was designed to help bring down insurance premiums by preventing frivolous lawsuits. Understanding Florida no fault law and how it applies to your accident is crucial to the successful resolution of an injury claim.

In Florida, all drivers of motor vehicles registered in the state are required to carry No-Fault insurance coverage. If you were hit by a vehicle as a pedestrian, your own No-Fault or PIP insurance will pay for certain percentages of:

  • medical bills;
  • disability benefits;
  • household services;
  • transportation; ands
  • death benefits (if applicable).

If you were injured in a pedestrian accident, you need to report your accident to the insurance company that will be covering you. If you (or a relative who lives with you) are an insured driver of a motor vehicle registered in Florida, you have no fault coverage and your auto policy will cover you, even if you were not in your vehicle at the time of the accident.

If you are not an insured driver of a motor vehicle registered in Florida, then you will be covered by the insurance of the driver who injured you. However, you may need to fill out certain applications and agree to a recorded statement. It is best to seek the advice of a lawyer at this time to make sure you are not being taken advantage of by the insurance company.

You may have another avenue for recovery if you have Uninsured Motorist (UM) coverage on your auto policy. For more info on this, click here.

Jim Dodson
A Florida injury lawyer, family man and avid cyclist who clients have trusted for over 25 years.