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Home » Blog » Who Pays for Car Damage in a No-Fault State Like Florida?

Who Pays for Car Damage in a No-Fault State Like Florida?

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car crash accident on street, damaged automobiles after collision in city

Getting into a car accident is stressful enough, but figuring out who’s going to pay for the damage can make it even worse, especially in a no-fault state like Florida. You might assume the other driver’s insurance will cover it, but that’s not always how it works here. No-fault rules are meant to simplify claims, but they often leave drivers confused about what’s covered and what’s not. In this article, we’ll break down exactly who pays for car damage in a no-fault state, on the example of Florida, and what steps you need to take to protect yourself financially.

What “No-Fault” Really Means (And What It Doesn’t)

Florida calls itself a no-fault state, but that doesn’t mean fault never matters. After a crash, no-fault simply means that your own insurance, specifically your Personal Injury Protection (PIP), steps in first to cover your medical bills and lost wages, no matter who caused the accident. The goal is to speed up the claims process and reduce lawsuits over minor injuries.

The next question you might have is does no-fault insurance cover car damage?
This is where many drivers in no-fault states like Florida get caught off guard. PIP doesn’t cover your car repairs at all. Instead, car repairs typically fall under Property Damage Liability (PDL) insurance but here’s the second catch: it’s the other driver’s PDL that pays for your damage, not your own. That means if someone else hits you and is clearly at fault, you’ll need to file a claim against their insurance to get your car fixed. That’s a bit different from how insurance laws work in at-fault states.

No-Fault vs. At-Fault States: What’s the Difference?

In at-fault states, the driver who caused the accident is responsible for all damages, including your vehicle repairs, medical costs, and sometimes even pain and suffering, usually through their liability insurance. You wait for the at-fault driver’s insurance to investigate, accept responsibility, and then pay up. If they don’t, you might have to sue.

In no-fault states, that first step for medical coverage skips the blame game. But for car damage, you’re often back to proving fault, especially if you want to avoid using your own coverage and paying a deductible. It’s a split system that can feel unfair, especially if your car is totaled and the other driver clearly caused the crash.

That’s why knowing your state’s system and how it impacts your options can make a big difference in what you recover. Let’s break down Florida’s no-fault rules in numbers.

What Florida Requires: PIP and PDL Coverage

Every Florida driver is legally required to carry two basic types of insurance: Personal Injury Protection (PIP) and Property Damage Liability (PDL). These are the cornerstones of the state’s no-fault system. But just because you have both doesn’t mean all your costs, including car damages after wreck are covered.

As we’ve mentioned, PIP kicks in after a crash to help cover your medical bills, lost wages, and certain out-of-pocket expenses, regardless of who caused the accident. But there’s a cap. Florida only requires $10,000 in PIP coverage, and even then, you may only be eligible for the full amount if a doctor confirms an emergency medical condition (EMC). Without that, you could be capped at just $2,500. PIP also only covers 80% of medical costs and 60% of lost wages, which means you’ll likely still have bills to pay out of pocket.

PDL, on the other hand, pays for damage you cause to someone else’s vehicle or property. Florida drivers are only required to carry $10,000 in PDL, which can run out fast, especially with today’s high repair costs; even minor collisions can rack up high repair bills. If someone else caused your crash, you’d rely on their PDL to cover your car repairs or possibly replacement costs. But if they don’t have insurance, or they carry just the minimum, it may not be enough. That’s when you might have to fall back on other coverage options.

Your Coverage Options for Car Damage in Florida

Florida drivers have more options than just hoping the other person’s insurance does the right thing. If you want real protection for your vehicle, these coverages can make all the difference:

Collision Coverage: Protection When Fault Doesn’t Matter

Collision coverage is optional in Florida, but it’s one of the most practical add-ons you can carry. It pays for repairs to your car after an accident, regardless of who caused it. That means if someone rear-ends you and doesn’t have enough coverage (or blames you instead), your policy can still help you get your car fixed quickly. Just keep in mind, you’ll have to pay your deductible first before the insurance kicks in.

Comprehensive Coverage: Covers the Unexpected

Comprehensive coverage protects your car from non-crash events like fire, theft, vandalism, or storm damage. In Florida, where hurricanes, flooding, and falling debris are common, this coverage can save you thousands. If a palm tree smashes your hood or someone breaks into your car, comprehensive coverage helps with the cost to repair or replace what’s damaged, again, minus your deductible.

Uninsured/Underinsured Motorist Property Damage (UMPD): Optional But Vital

Florida drivers face a real risk on the road: more than 1 in 5 are uninsured. If someone hits you and doesn’t have insurance—or doesn’t have enough—your UMPD coverage steps in to pay for your car damage. It’s not required, but it’s one of the most important coverages you can carry if you want peace of mind. Without it, you could end up in a costly legal battle just to get your vehicle repaired.

Each of these policies comes with specific limits and deductibles. Let’s look at some common car accident scenarios and what insurance coverage you might turn to for car repairs.

Who Pays for Car Repairs in Common Florida Crash Scenarios?

Every crash comes with its own set of complications, and when your car is damaged, the biggest question is, who’s paying for this? Florida’s no-fault system adds a layer of confusion, but once you understand how coverage works in different situations, the picture gets clearer.

Case #1: You Caused the Accident

If you’re at fault, your Property Damage Liability (PDL) will pay for the damage to the other vehicle, but not your own. Unless you have collision coverage, you’re stuck paying for your repairs out of pocket. This is one of the most common surprises for Florida drivers who assume “full coverage” includes everything—it doesn’t, unless you’ve added the right options. Only collision coverage will help pay for your own car repairs in this situation. If you don’t have it, you’re responsible for all repair costs, even if the damage was unintentional or minor.

Case #3: Both Drivers Are Partly at Fault

Florida follows a pure comparative negligence rule, which means fault is divided. If you’re 30% responsible for the accident, you can still recover 70% of your damages, but your payout will be reduced by that percentage. You’ll have to pay the remaining 30% out of pocket, or rely on your own collision coverage, which comes with a deductible. In situations where both drivers share equal blame, insurers may even refuse to pay either party fully, leaving each to handle their own repairs.

Insurers often use this to justify paying you less, even when your role in the crash was minimal. If they assign you more blame than you deserve, it could reduce your payout or result in a denied claim altogether. Without legal support, it can be tough to push back.

Case #4: No One Is Clearly at Fault

Some crashes just don’t come with easy answers, especially in intersections or parking lots with no cameras or witnesses. In these cases, insurance companies may deny responsibility while they “investigate.” If you can’t wait, your collision coverage may be your only fast track to getting your car fixed.

Case #5: Hit-and-Run Accident

Hit-and-runs are frustrating and far too common in Florida. Without a responsible driver to file against, you’re stuck unless you have Uninsured Motorist Property Damage (UMPD) or collision coverage. If you don’t, all costs for repair or replacement fall on you if the at-fault driver is not found.

Case #6: Your Car Is Totaled

If your car is declared a total loss, the insurer, whether yours or the at-fault driver’s, will offer the actual cash value (ACV) of the car before the accident. That amount may not match what you still owe on your loan or lease. If you don’t have gap insurance, you’re responsible for the difference, even though the car is gone.

Case #7: A Third Party Is Responsible

Not all accidents are caused by drivers. You might hit a pothole that should’ve been fixed by the city, or a defective part in your vehicle fails at the worst time. In those cases, the responsible party could be a government agency, a business, or a vehicle manufacturer. These claims are more complex and usually require a lawyer to navigate, but they may be the only way to recover full compensation.

Each of these scenarios shows how quickly Florida’s no-fault system stops being simple when car damage is involved. Your coverage and the other party’s can make or break your ability to recover quickly without financial strain. In many of these situations, recovering full compensation means you’ll need to file a claim, and knowing the process is key.

How to File a Car Damage Claim in Florida

Once the shock wears off after an accident, you’re left staring at a damaged car and wondering what to do next. We’ve covered above that the process of filing a car damage claim starts with knowing which insurance company is responsible—yours or the other driver’s.

If you’re using your own collision coverage, start by contacting your insurer right away. Provide the police report number, photos of the damage, and any details you remember from the scene. Don’t wait too long, because delays can be used against you.

If the other driver was at fault and you’re filing against their Property Damage Liability (PDL) coverage, the process gets trickier. You’ll need to collect their insurance information, notify their provider, and often follow up to make sure your claim doesn’t get pushed aside. Insurance companies may stall or dispute responsibility. That’s why documenting everything is so important.

Once a claim is opened, the process usually includes a damage inspection by an adjuster, getting a repair estimate (or multiple), and waiting on claim approval before work can begin. If your car is declared a total loss, the insurer will offer a settlement based on the vehicle’s actual cash value (ACV), not what you paid or what you owe. Negotiating that value is often necessary.

If your car is undrivable, you may also qualify for rental reimbursement or towing coverage, but it depends on your policy. Don’t assume these benefits are automatic, and ask your insurer directly. Florida law doesn’t guarantee rental coverage, and many basic policies exclude it unless you’ve added it on.

The state doesn’t cap how long an insurer can take to process a claim, but they are required to act in good faith. If your claim drags on or is denied without cause, you may need legal support to hold them accountable.

Can You Sue for Car Damage in a No-Fault State Like Florida?

Yes, you absolutely can sue for car damage in Florida, even though it’s a no-fault state. That “no-fault” label only applies to medical coverage through your PIP policy. When it comes to your car, fault still matters, and if the other driver caused the crash, they’re responsible. If their insurance doesn’t cover the full cost, or worse, they’re uninsured or deny liability, you have the right to take legal action.

Lawsuits for property damage are separate from injury claims and don’t require you to meet a “serious injury” threshold like PIP cases do. If your car was totaled or suffered major repairs and the other driver’s Property Damage Liability (PDL) falls short, you can file a claim directly against them. And if they don’t respond or cooperate, you can sue in civil court for the difference.

Many Florida drivers don’t realize they’re allowed to pursue this kind of claim. But with over 20% of drivers in the state uninsured, and many more carrying only the minimum coverage, it’s often the only way to recover what you’re owed. Of course, lawsuits aren’t always necessary, but they can be powerful when the system fails you.

At Steinger, Greene & Feiner, we’ve seen firsthand how Florida’s no-fault insurance laws can leave drivers frustrated and financially vulnerable, especially when they’re counting on basic coverage to protect them. The truth is, minimum insurance doesn’t go far when your car is wrecked, the other driver is underinsured, or the claim process drags on. Without options like collision, comprehensive, or uninsured motorist coverage, you could be left paying out of pocket for repairs or a replacement, even when the crash wasn’t your fault.

That’s where our car accident lawyers team steps in. We understand the ins and outs of Florida car insurance laws, and we know how to hold insurers and at-fault drivers accountable. If you’re facing unexpected costs, delays, or denials after a car accident, you don’t have to handle it alone. Our car accident lawyers can help you estimate your case value, prepare and file your property damage claim, and deal directly with the insurance company, and you’re not stuck chasing answers or paperwork. Whether you need support with documentation, negotiations, or legal follow-up, we’re here to take that burden off your shoulders. We proudly serve clients across Florida, with offices in West Palm BeachMiamiFort LauderdaleTampaFort MyersOrlandoPort St. Lucie, and more. Call us today for a free consultation and let us protect your rights and your recovery.