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Pedestrians and Bicyclists Rights to Florida No-Fault

If a pedestrian or bicyclist is hit by a motor vehicle licensed and registered in Florida, the vehicle is required to have $10,000 in No-Fault benefits (excluding: taxicabs, limousines, or school buses; court cases have ruled motorcycles are not required to carry this insurance). Florida No-Fault is not limited to accidents in which the vehicle causing injury is legally at fault. If a car hits someone and causes an injury the benefits apply. For instance, if someone was at fault because they were hit when they stepped into the path of a car, the No-Fault benefits apply, just as they would if the driver was at fault. Unlike bodily injury liability insurance, it is not a fault based system.

What Benefits Are Provided?
No-Fault policies provide Personal Injury Protection (PIP) benefits as follows:

• No-Medical Benefits: Eighty per cent of all reasonable expenses for necessary medical, surgical, x-ray, chiropractic, dental and rehabilitative services (subject to allowable deductible and fee schedule.)
• Disability Benefits: Sixty per cent of any loss of gross income and loss of ability to earn money caused by the injury.
• Household Services: One hundred per cent for replacement of household services the injured person would have provided for themselves during the disability.
• Transportation: Reasonable expenses to and from necessary medical treatment.
• Death Benefit: Up to $5,000
• You may receive one or more of these benefits, but the total paid may not exceed the policy limits.

Who Pays the Benefits?

• If the injured person owns a vehicle insured with No-Fault, or is a relative, residing in the same household with an owner of a vehicle insured with No-Fault (subject to some conditions) that No-Fault coverage pays.
• If the category above does not apply, the No-Fault coverage of the vehicle which hit her/him pays.

Conditions: The insurance company may require receipt of a No-Fault application before they pay benefits. Some policies may give the insurance company the right to require a recorded statement.

Time for Payment: Generally within 30 days of the insurance company receiving written notice of the fact of a covered loss and the amount owed.

What to Do?

If the injured person has their own No-Fault insurance, call the company and report they were hit by a car so the company can set up a No-Fault claim. Otherwise, if relying on the No-Fault benefits of the vehicle causing the injury, do not assume the owner/driver notified their insurance company. The claim should be reported to them to ensure a No-Fault claim is opened by them in a timely manner.

Disclaimer: This information is provided as a public service to help Florida consumers gain a better understanding of the benefits available under No-Fault. Florida's No-Fault Law is complex and contains specific definitions, exclusions and exceptions which control each case. This is intended to be general information only and is not to be considered as legal advice for any specific case. We will gladly give you specific advice if you ask us to represent you and we have signed a written representation agreement with you.

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