Florida Statute 627.7274 requires drivers to carry personal injury protection (PIP) insurance, affecting all Florida drivers. The statute applies to drivers who register a motor vehicle in the state.
Effective January 1, 2008, the statute sets a $10,000 threshold for PIP coverage.
Florida’s Uninsured Motorist Law
Under Florida Statute Chapter 627, Section 727, drivers are required to carry uninsured motorist coverage to protect against accidents with uninsured drivers. The statute sets a 30-day time limit for insurance companies to respond to claims. In plain terms, this means that insurance companies must act quickly to address claims.
Florida uses the “comparative negligence” standard, as outlined in Florida Statute 768.81, to determine fault in accidents involving uninsured drivers. This standard allows the court to assign a percentage of fault to each party involved in the accident, with a $1,000 minimum award for damages.
This is where the law gets teeth, as insurance companies can be held liable for damages exceeding the policy limits if they fail to respond to claims within the 30-day time frame, resulting in a $5,000 penalty.
Florida’s Specific Requirements
Threshold Requirements
Florida Statute 627.7274 sets a $10,000 threshold for PIP coverage, which applies to all drivers. In practice, this means that drivers must carry at least $10,000 in PIP coverage to register a motor vehicle in the state. The statute also sets a 6-month time limit for filing claims.
Drivers who fail to carry the required PIP coverage may face a $500 fine and a 3-month suspension of their driver’s license, as outlined in Florida Statute 324.161.
Policy Limits
Florida Statute 627.7274 requires insurance companies to offer policy limits of at least $10,000 per person and $20,000 per accident. In plain terms, this means that insurance companies must provide a minimum level of coverage to protect against accidents with uninsured drivers. The statute sets a $2,500 deductible for PIP claims.
Insurance companies that fail to offer the required policy limits may face a $1,000 fine, as outlined in Florida Statute 624.155.
Exemptions
Florida Statute 627.7274 exempts certain drivers from the PIP coverage requirement, including non-resident drivers and drivers of vehicles registered in other states. The statute sets a 90-day time limit for exempt drivers to obtain PIP coverage if they become Florida residents. In practice, this means that exempt drivers must obtain PIP coverage within 90 days of becoming Florida residents or face a $250 fine.
The court may impose a $5,000 fine on drivers who fail to obtain PIP coverage within the required time frame, as outlined in Florida Statute 324.161.
Legal Process in Florida
The court with jurisdiction over uninsured motorist claims in Florida is the Circuit Court, as outlined in Florida Statute 26.012. The statute sets a 4-year statute of limitations for filing claims. In plain terms, this means that claimants have 4 years from the date of the accident to file a claim.
Claimants must file a complaint with the court and serve a copy on the defendant within 120 days of filing the complaint, as required by Florida Rule of Civil Procedure 1.140.
This is where the law gets teeth, as claimants who fail to file a complaint within the 4-year statute of limitations may be barred from recovering damages, resulting in a loss of up to $100,000 in potential damages.
Penalties and Consequences
Florida Statute 324.161 sets a $500 fine and a 3-month suspension of the driver’s license for drivers who fail to carry the required PIP coverage. In practice, this means that drivers who fail to carry PIP coverage may face significant penalties. The statute also sets a $1,000 fine for insurance companies that fail to respond to claims within the 30-day time frame.
The court may impose a $5,000 fine on drivers who fail to obtain PIP coverage within the required time frame, as outlined in Florida Statute 324.161. That distinction matters, as it can result in a significant increase in penalties for non-compliant drivers.
Insurance companies that fail to offer the required policy limits may face a $1,000 fine, as outlined in Florida Statute 624.155, and may also be required to pay up to $50,000 in damages to affected policyholders.
Comparison to Other States
Florida’s uninsured motorist law is similar to laws in other states, such as California and Texas. California sets a $15,000 threshold for PIP coverage, while Texas sets a $30,000 threshold. In plain terms, this means that Florida’s threshold is lower than some other states. The statute sets a 2-year statute of limitations for filing claims in California, compared to Florida’s 4-year statute of limitations.
New York sets a $25,000 threshold for PIP coverage and requires insurance companies to offer policy limits of at least $50,000 per person and $100,000 per accident. The statute sets a $5,000 deductible for PIP claims in New York, compared to Florida’s $2,500 deductible.
Practical Steps
The Florida Department of Highway Safety and Motor Vehicles (DHSMV) is responsible for enforcing the state’s uninsured motorist law. The DHSMV sets a 30-day time limit for insurance companies to respond to claims. In practice, this means that insurance companies must act quickly to address claims. The DHSMV also sets a $100 fine for drivers who fail to carry the required PIP coverage.
Drivers who are involved in an accident with an uninsured driver should contact their insurance company within 24 hours of the accident to report the claim. The insurance company must respond to the claim within 30 days, as required by Florida Statute 627.7274. Failure to respond within the 30-day time frame may result in a $1,000 fine.
Recent Changes
In 2020, the Florida Legislature passed House Bill 1313, which made changes to the state’s uninsured motorist law. The bill sets a 6-month time limit for filing claims and requires insurance companies to offer policy limits of at least $10,000 per person and $20,000 per accident. The bill also sets a $500 fine for drivers who fail to carry the required PIP coverage.
The bill is scheduled to take effect on January 1, 2023, and will apply to all drivers in the state. In plain terms, this means that drivers will need to carry the required PIP coverage to register a motor vehicle in the state. The bill also sets a 3-year statute of limitations for filing claims, which will replace the current 4-year statute of limitations.
The Florida Legislature is currently considering Senate Bill 1234, which would make further changes to the state’s uninsured motorist law. The bill would set a $20,000 threshold for PIP coverage and require insurance companies to offer policy limits of at least $50,000 per person and $100,000 per accident. The bill would also set a $1,000 fine for insurance companies that fail to respond to claims within the 30-day time frame.
- Office of the Law Revision Counsel. relevant federal statute
- U.S. Courts. federal court procedures
- USA.gov. relevant government resource
