Florida’s No-Fault Insurance Laws and How They Apply to Commercial Vehicle Accidents

Florida’s no-fault insurance system is designed to provide quick access to medical treatment and wage loss benefits after a car accident—regardless of who caused the crash. While this framework simplifies the claims process for many standard vehicle collisions, things become more complicated when a commercial vehicle is involved.

Accidents with delivery trucks, tractor-trailers, company vans, or other business-operated vehicles raise distinct legal questions, including how personal injury protection (PIP) benefits apply and whether injured parties can step outside the no-fault system to pursue additional damages.

Our West Palm Beach truck accident attorneys examine the key features of Florida’s no-fault insurance laws and how they impact injury claims involving commercial vehicles. Understanding the rules surrounding PIP coverage, bodily injury claims, and exceptions to the no-fault threshold is essential for accident victims seeking full and fair compensation.

What Is Florida’s No-Fault Insurance System?

Florida is one of a handful of states that follows a no-fault auto insurance system. Under this framework, every vehicle owner is required to carry a minimum of $10,000 in Personal Injury Protection (PIP) coverage. This insurance pays for certain expenses after a crash, regardless of who caused the accident.

PIP covers:

• Up to 80% of reasonable medical expenses
• Up to 60% of lost wages
• $5,000 in death benefits

However, PIP coverage is limited and does not compensate victims for pain and suffering, emotional distress, or other non-economic damages. In many cases—especially those involving commercial vehicles—PIP benefits are not enough to cover the full extent of an injured person’s losses.

How PIP Applies to Commercial Vehicle Accidents

PIP benefits generally apply when the injured person is:

• A driver or passenger in a privately owned vehicle
• A pedestrian or bicyclist hit by a motor vehicle
• Covered under a household policy

But when a commercial vehicle is involved, the situation may differ. The key issue is whose PIP policy applies, and whether additional coverage options are available.

If you are driving your own personal vehicle and are hit by a commercial truck, your own PIP coverage typically applies first. If you are a passenger in someone else’s vehicle, their policy may provide PIP benefits. If you are a pedestrian struck by a commercial vehicle, your own PIP policy (if you have one) may still be the source of primary coverage.

However, if you are an employee driving a commercial vehicle as part of your job duties and you’re injured in a crash, PIP may not apply in the same way. Instead, workers’ compensation insurance may cover your medical bills and lost income. PIP benefits are not typically required for vehicles with a gross vehicle weight rating (GVWR) over 5,000 pounds or for vehicles owned by businesses, which are exempt from some no-fault rules.

Stepping Outside Florida’s No-Fault System

Under Florida Statute § 627.737, an injured person can bring a claim for additional damages, including pain and suffering, if the accident caused:

• Significant and permanent loss of an important bodily function
• Permanent injury within a reasonable degree of medical probability
• Significant and permanent scarring or disfigurement
• Death

Many commercial vehicle accidents involve serious injuries that meet this threshold. In such cases, victims can file a claim against the at-fault driver and their employer, seeking compensation beyond what PIP provides.

Commercial Vehicle Accidents: Additional Considerations

Accidents involving commercial vehicles differ from standard car crashes in several important ways:

1. Higher Insurance Limits

Commercial drivers and the companies they work for are generally required to carry higher liability insurance limits than private drivers. This can be advantageous to injured victims seeking damages that exceed PIP benefits.

2. Vicarious Liability

If a commercial driver was working at the time of the crash, their employer may be vicariously liable under the legal doctrine of respondeat superior. This means both the driver and the company are responsible for the injured party’s damages.

3. Multiple Policies May Apply

In some cases, multiple insurance policies may be in play—PIP, commercial auto liability, umbrella policies, and potentially uninsured/underinsured motorist (UM/UIM) coverage.

4. Complex Investigations

Determining liability in commercial vehicle crashes often requires extensive investigation, including review of the driver’s logbooks, vehicle maintenance records, and black box data.

What About Uninsured Commercial Vehicles?

Although commercial vehicle operators are usually insured, not all are adequately covered. If you’re hit by a commercial driver who is uninsured or underinsured, you may need to rely on your own UM/UIM coverage to pursue compensation. Florida does not require UM coverage, but it is strongly recommended because of scenarios like these.

How an Attorney Can Help

Commercial vehicle accident claims are rarely straightforward. The presence of corporate insurers, higher policy limits, and complex liability issues requires a thorough and strategic legal approach. An experienced personal injury attorney can help by:

• Determining what insurance applies and how much total insurance coverage is available
• Investigating the commercial driver’s actions and the company’s liability
• Calculating the full scope of your damages, including pain and suffering
• Negotiating with insurance carriers to secure fair compensation
• Filing a lawsuit if necessary to protect your rights

Contact Smith, Ball, Báez & Prather

Florida’s no-fault insurance laws are designed to ensure quick access to benefits, but they often fall short in serious commercial vehicle accidents. If you’ve been injured in a crash involving a commercial vehicle, don’t navigate the legal process alone. There may be multiple parties and policies involved, and your ability to recover full compensation could depend on the decisions you make early on.

If you or a loved one has been injured in a commercial vehicle accident in Florida, the attorneys at Smith, Ball, Báez & Prather are here to help. We have extensive experience handling complex cases involving Florida’s no-fault laws, serious injuries, and corporate insurance carriers.

Contact us today for a free consultation to discuss your legal rights and options.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.737.html