Did Florida Repeal Non-Fault Auto Insurance?
July 1, 2026
No, but like many Floridians you may have been following online posts over the past year about two bills recently presented in the State Legislature aimed at ending the Sunshine State’s 55-year-old “no-fault” auto insurance statute.
Both Senate Bill 522 and House Bill 769 were pending legislation that had listed a proposed effective date of July 1, 2026, for the replacement of the state’s current PIP/PDL requirement under Section 627.736 of the Florida Statutes that set the minimum auto insurance requirements. However, once again, legislative efforts failed as both bills died in committee.
A few years ago in 2021, similar legislation was vetoed at the last minute by Governor Ron DeSantis to keep Florida a non-fault state. Similar to the state’s previous efforts to shift coverage to a fault-based auto insurance system, there were mixed opinions as to whether changes would actually reduce auto insurance premiums by eliminating PIP’s mandatory coverage of paying for medical expenses for you and your passengers regardless of who may have caused the accident. The Governor had consistently expressed his concern that the new laws could increase rates leading to a higher number of uninsured drivers.
Since we will remain a “no-fault” state, all vehicle owners are still required to carry a minimum of $10,000 in personal injury protection coverage along with $10,000 in property damage liability insurance before a vehicle can be legally registered in the Sunshine State. Nonetheless, the coverage limits of the standard PIP policy typically only pays 80% of the necessary medical expenses and benefits may be capped at $2500, unless diagnosed as an emergency medical condition by a physician within 14 days of the accident to access the full limit. In addition to medical expenses, PIP may pay up to 60% of lost wages and a $5000 death benefit for surviving family members.
Could PIP Insurance Repeal Have Saved You Money?
Maybe, but maybe not. Estimating how much money you could have saved in auto insurance premiums if Florida’s personal injury protection statutes had been repealed is at best a “guesstimate.” Certainly some analysts suggest that removing the “no-fault” status could have saved the average “GOOD” driver up to $350 per year. But, the higher requirements of $25,000/$50,000 bodily liability insurance coverage may have raised overall costs for others. In fact, depending upon your driving record, the new bodily injury laws could spike premiums for higher-risk drivers. The fear was this would naturally lead to more lawsuits and higher overhead costs for the settlement of claims. Nonetheless, since PIP is still legally required, dropping it would put you out of compliance with Florida insurance laws and could lead to suspension of your license and vehicle registration.
What Rights Do You Currently Have Under PIP/PDL Laws Now?
Since the 2026 Florida legislative session ended on March 13 of this year without the repeal of the state’s “no-fault” insurance status, you have the right to use your own personal injury protection coverage for payment of medical bills and lost wages regardless of who was at fault for the incident. Plus, provided your injuries or injuries to your passengers meet the Sunshine State’s serious injury threshold, you also have the right to pursue a personal injury claim against the at-fault driver directly. Moreover, you always have the right to speak with an attorney before providing a statement or accepting an insurance carrier’s efforts to settle. It is wise to be cautious about settling claims quickly as early offers usually do not reflect the full cost of recovery from a more serious injury.
Does the 14-Day Rule for Medical Treatment Still Apply?
If you miss the 14-day window that states your first medical treatment must fall within 14 days of your accident for yourself or your passengers to be eligible for personal injury protection, benefits are forfeited. Simply stated, your insurance carrier can deny PIP medical coverage entirely and even though the expense paid for treatment of a legitimate accident-related injury. So, it is important for anyone who is hurt in a crash to see a doctor right away. Remember, common auto accident injures like whiplash or concussions may not show up until days later. Plus, without a doctor or medical provider’s diagnosis of an emergency condition, medical benefits are capped at twenty-five percent.
Can I sue an at-fault driver with PIP in place?
Although the basic no-fault system may require you to rely on your own coverage for personal injury protection first, injury claims can be brought against the at-fault if your injuries or passenger’s injuries are diagnosed as serious enough to meet the state’s injury threshold. This level of damage includes things like permanent injuries with significant scarring, disfigurement, or loss of important bodily function. When major injuries clear the bar, compensation can be sought for pain and suffering as well as other damages that PIP insurance does not cover. Whereas the repeal of PIP based on the proposed Senate and House bills would have replaced PIP with mandatory bodily injury liability coverage of $25,000 per person and $50,000 per accident, both bills were allowed to die in committee on March 13th, when the 2026 Florida legislative session ended.
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Despite the repeated efforts of bills proposed by both the Florida Senate and House, the Sunshine State retains its status as a “no-fault” auto insurance state that relies heavily on personal injury protection (PIP) to more quickly provide for coverage of medical expenses following a vehicle-related accident. Since the most recent 2026 legislative session ended without passing any repeal bills, the long-standing PIP/PDL insurance requirements remain fully in effect for all Florida drivers regardless of who caused the crash. It should be noted that you are still required to have PIP coverage even though you may not currently own a vehicle. In part, that is due to the fact the personal injury protection may also pay for injuries sustained in an accident where you were a pedestrian or cyclists. Although Florida still ranks as one of the most expensive states for auto insurance, the good news is that premiums are declining. At Nsurance Nation, our experienced staff can help you decide whether GEICO, Progressive, or a carrier you haven’t even considered has the insurance policy that works best based on your unique circumstances. Call 1-833-450-9490 to speak with an agent today.
