Who Pays for Car Repairs After a No-Fault Accident in Florida?

Due to Florida’s no-fault laws, all drivers are required to carry personal injury protection (PIP) and property damage liability (PDL) insurance. Your car repairs would be covered by either a claim filed against the at-fault driver’s property damage liability policy or a claim filed with your collision coverage policy. However, collision coverage is an optional policy. 

If the costs of damages exceed the policy limits, you may qualify to recover additional compensation elsewhere.

This article will outline how no-fault laws work in Florida, getting reimbursed for your deductible, and who else may be held liable for your auto repairs after a car accident you did not cause in Florida.

This information is for reference only, but our Florida car accident lawyers can provide you with legal guidance for your specific car accident case.

Florida No-Fault Car Insurance Laws

Florida is a no-fault state, which means each driver carries their own insurance to cover medical bills and car repairs up to a certain amount. 

More specifically, Florida Statutes § 627.736 requires drivers to carry the following:

• Personal injury protection (PIP): This policy covers 80 percent of “necessary” medical expenses and roughly 60 percent of lost wages up to the policy limits 
• Property damage liability (PIP): This policy covers damage to another person’s car or property up to the policy limits. 

Florida law requires drivers to carry policies of up to $10,000. 

A common misconception is that your PIP or PDL insurance policies will cover repairs to your vehicle. They will not. You must purchase the optional collision coverage if you wish your insurance to cover repairs to your car in a no-fault accident in Florida. Otherwise, you will need to file a claim with the other driver’s PDL insurance policy. 

Reimbursement for Your Deductible

If you have collision coverage or file a property damage liability claim against the liable party, you will likely have to pay a deductible before your car repairs. The amount will vary based on the details of your insurance policy, but it usually ranges between $100 and $2,000.

This payment might seem unfair if the crash was not your fault. However, you can seek reimbursement from the liable party’s insurance company. Remember, no-fault laws do not absolve liable parties of responsibility.

Build an Evidence-Based Claim

Your ability to recover compensation after a crash depends on proving what happened, how much damage occurred, and who is responsible. Even though Florida is a no-fault state, the insurance company may still deny or limit your payout without solid documentation.

Whether you file a collision coverage or a property damage claim, you’ll need strong evidence to hold the other party or their insurer accountable. Filing a strong, evidence-based claim increases your chances of being fully reimbursed for vehicle repairs and other losses.

Types of evidence that can strengthen your car accident claim include the following:

• Police report
• Photos of the accident scene, your injuries, and the vehicle damage
• Repair estimates or invoices
• Video footage from traffic or security cameras
• Witness statements
• Expert testimony from a mechanic or accident reconstructionist
• Vehicle inspection reports
• Insurance claims and records
• Damage assessments from an auto repair shop

Your personal injury lawyer in Florida will gather and analyze all available information. Using this wide range of evidence, your attorney can clearly show the four elements of negligence: 

• Duty of care: The at-fault driver’s legal responsibility to drive safely 
• Breach of duty: The at-fault driver’s actions or inactions that violated their legal duties
• Causation: The resulting accident and injuries from that decision
• Damages: The financial burdens, physical injuries, and emotional trauma the victim suffered

By establishing these four elements, we will identify who was at fault, how the accident happened, and the full extent of the damage to your car and you.

Filing a Claim with the Insurance Company

After a car accident, call the insurance company to inform them about what happened, and they will guide you through the process of filing a claim.

It is critical that you speak to the insurance company quickly, as delays can cause them to deny your claim. You may also be eligible for a rental car while your vehicle is being repaired.

Under certain conditions, you may be able to hold the at-fault party liable for other damages, such as:

• Past and upcoming medical expenses: For hospital stays, blood work and other lab tests, pain medications, surgery, assistive medical devices, and follow-up visits
• Lost wages: For the wages you weren’t able to earn since your injuries kept you from working
• Diminished earning potential: For the money you won’t be able to make in the future because you have to take on a lower-paying job
• Pain and suffering: For the physical limitations your injuries inflict on you
• Disfigurement: For changes in your mobility or appearance
• Mental anguish: For the trauma stemming from the accident

If your loved one passed away from a car accident, you can file a claim for wrongful death damages, like funeral and final medical expenses.

If the insurance company attempts to deny your claim, a car accident attorney on our team can help you fight back. 

Who Else May Be Liable for Your Car Repairs

Depending on the details of your case, other parties or additional insurance policies may cover your car repair costs if they exceed the policy limits.

Here are a few additional parties who may be held liable:

Additional Auto Insurance Policies You Carry

Even though Florida law only requires you to carry personal injury protection and property damage liability, you may have additional optional insurance policies. As stated above, you may carry collision coverage so you can file a claim with your insurance company, or you may have chosen to carry another optional policy: underinsured/uninsured motorist coverage.

These policies may pay additional repair costs.

Other Negligent Parties

Depending on the details of your case, there may be more than just the other driver who contributed to the accident and should be held liable for your car repair costs.

Some examples of such parties are:

• A city government entity if they failed to clean up debris or repair a broken traffic signal on time
• A mechanic if they didn’t detect a faulty car part or installed the wrong part
• A parts manufacturer if they sold a defective part to the dealership or repair shop
• Another road user if they didn’t abide by the rules of the road

It might be difficult to name the liable party in the accident. However, evidence, such as the crash report, traffic camera surveillance, photographs of the car crash scene, witness accounts, and your medical records, among other forms of documentation, can help us conclude who is liable.

How Long You Have to Sue the Other Party for Your Auto Repair and Other Damages

The insurance company will dictate how long you have to file a claim with them. However, if you want to file a lawsuit against them, Florida enforces its own deadline.

Per Florida Statutes § 95.11, the state generally allows five years for a breach of contract lawsuit against the insurance company. If you are taking action against a government agency, then the time frame is even shorter.

In any case, it is important to act now, as you may be unable to collect damages if you wait to file past the applicable deadline.

Contact Chalik & Chalik Injury Lawyers About Car Repairs After a No-Fault Accident in Florida

If the insurer is refusing to pay your auto repair claim or you are overwhelmed by the legal process after your car accident, you are not alone.

Contact Chalik & Chalik to receive a free consultation with one of our team members. Our partners, Debi Chalik and Jason Chalik, work directly with clients just like you to help recover compensation for vehicle repairs, medical bills, and other damages.