Who Pays for Car Damage in a No-Fault State Like Florida?
Florida is a no-fault insurance state, which means that after a car accident, each driver’s own insurance policy covers their medical expenses and lost wages, regardless of who was at fault. However, property damage—including vehicle repairs or replacement costs—does not fall under Florida’s no-fault system.
So, who pays for car damage after an accident in Florida? The answer depends on several factors, including who caused the crash, the type of insurance coverage you have, and whether you need to file a claim against the at-fault driver.
At Stein Law, we help Florida drivers understand their legal rights and navigate the insurance process after an accident. If you are struggling to get fair compensation for your vehicle damage, we are here to help.
Does No-Fault Insurance Cover Vehicle Damage?
No. Florida’s Personal Injury Protection (PIP) insurance covers medical expenses and lost wages, but it does not pay for repairs to your vehicle.
Instead, car damage is typically covered by:
✔ The at-fault driver’s Property Damage Liability (PDL) insurance
✔ Your own collision coverage (if you purchased it)
✔ Uninsured/underinsured motorist property damage (UMPD) coverage (if applicable)
Let’s break down how each of these coverage options works.
1. The At-Fault Driver’s Property Damage Liability (PDL) Insurance
Florida law requires all drivers to carry at least $10,000 in Property Damage Liability (PDL) coverage. This insurance pays for damage to another person’s vehicle when the policyholder is at fault for the accident.
How to File a Claim Against the At-Fault Driver’s Insurance
If another driver caused the crash, you can file a third-party claim against their PDL insurance to cover your car repairs. However, this process can take time, and insurance companies often try to minimize payouts.
If the at-fault driver does not have enough coverage to fully pay for your repairs, or if they deny liability, you may need to explore other options.
2. Your Own Collision Coverage
Collision coverage is optional in Florida, but it can help cover your car repairs—even if you were at fault.
Benefits of Using Your Collision Coverage
✔ Faster Payout – Your insurer will handle repairs immediately, then seek reimbursement from the at-fault driver’s insurance.
✔ Covers Single-Vehicle Accidents – If you crash into an object (such as a pole or guardrail), collision coverage pays for repairs.
✔ No Need to Prove Fault – Unlike PDL claims, fault does not matter when using collision coverage.
Downside
- You will have to pay your deductible upfront, but you may get reimbursed if your insurer recovers the costs from the at-fault driver.
3. Uninsured/Underinsured Motorist Property Damage (UMPD) Coverage
If the at-fault driver does not have insurance or does not have enough PDL coverage to pay for your repairs, your Uninsured/Underinsured Motorist Property Damage (UMPD) coverage may help—but only if you purchased it.
Florida does not require UMPD insurance, but it can be valuable if you are involved in a crash with an uninsured driver or a hit-and-run accident.
4. What Happens in a Hit-and-Run Accident?
Hit-and-run accidents are far too common in Florida. If your car is damaged by a driver who flees the scene, you may have to rely on:
✔ Your collision coverage
✔ Your uninsured motorist property damage (UMPD) coverage
Florida law requires all drivers to stay at the scene of an accident. If you were a victim of a hit-and-run, report the crash immediately to the police and contact an attorney to discuss your legal options.
What If My Car Is Totaled?
A car is considered totaled if the cost to repair it exceeds its actual cash value (ACV). In this case:
- The insurance company will pay you the ACV of your car, minus your deductible (if applicable).
- You may be able to negotiate a higher settlement if your car was worth more than what the insurer initially offers.
If you believe the insurance company is undervaluing your vehicle, our team at Stein Law can help you fight for a fair settlement.
Steps to Take After a Car Accident in Florida
If you’ve been in an accident, follow these steps to protect your right to compensation for car damage and injuries:
- Call 911 & Report the Accident – A police report can help establish fault and document the damage.
- Take Photos & Gather Evidence – Document vehicle damage, skid marks, road conditions, and license plates.
- Get the Other Driver’s Insurance Information – This is crucial for filing a property damage claim.
- Seek Medical Attention – Even if you feel fine, injuries may appear later.
- Contact a Car Accident Lawyer – An attorney can help negotiate with insurance companies and fight for the compensation you deserve.
Why Choose Stein Law?
At Stein Law, we understand how frustrating it can be to deal with insurance companies, repair costs, and claim denials after an accident. Our legal team will:
✔ Investigate the crash to determine liability.
✔ Negotiate with insurance companies to ensure you receive fair compensation.
✔ Help you recover additional damages if your car was totaled or the at-fault driver was uninsured.
We work on a contingency fee basis, meaning you don’t pay unless we win your case.
Contact Stein Law for a Free Consultation
If you’re struggling to recover car repair costs after an accident, don’t go through it alone. Let Stein Law fight for the compensation you deserve.
Contact us today at 833-691-5663
Fill out our online form for a FREE consultation
At Stein Law, we help Florida car accident victims get back on the road with confidence.
