A bill that would repeal Florida’s no-fault insurance law appears to have stalled out.
The state senate’s Health and Human Services Appropriations Subcommittee overwhelmingly voted not to approve the measure, which would repeal Florida’s no-fault system requiring drivers to carry at least $10,000 in personal injury protection (PIP) coverage. The bill would resulted in a requirement to carry bodily injury coverage in its stead. Florida House members approved a similar version of the measures (HB9) in the first week of the legislative session. Although the bill is technically still alive, the legislative session ends in two days. A committee chairwoman (who voted against the bill) filed a motion to reconsider and temporarily postponed it, meaning it could potentially arise again. However, that committee isn’t expected to meet again prior to the close of the legislative session.
Florida’s no-fault system has long been the target for reform advocacy. PIP laws, codified in F.S. 627.736, require all drivers to carry at least $10,000 in medical and disability benefits and $5,000 in death benefits. (It should be noted the $10,000 rate was set in 1979, and is only worth today about one-eighth of what it was when the law was signed.) One can only access $2,000 of those injury benefits unless their injuries are severe and emergent. This no-fault coverage is extended regardless of who was at-fault for the crash. In order for a car accident victim to pursue damages from the at-fault driver and other third parties, they must meet the serious injury threshold, as outlined in F.S. 627.737, which requires proof that victim suffered:
- Significant/ permanent loss of an important bodily function;
- Permanent injury within a reasonable degree of medical probability;
- Significant and permanent scarring/ disfigurement;