Florida’s Bid To End No-Fault Dies On The Vine

Florida's No-Fault SystemThere are 12 states in America which have no-fault insurance laws: Florida, Michigan, New Jersey, New York, Pennsylvania, Hawaii, Kentucky, Massachusetts, Minnesota, North Dakota and Utah. Florida’s status as a no-fault state was about to come to a ceremonial end after the legislature passed Senate Bill 54, which effectively eliminates Florida’s no-fault system and requires motorists to carry bodily injury liability insurance. The bill passed on April 30, 2021, and was sent to the desk of Governor Ron DeSantis for signature. He vetoed it.

DeSantis’ action means that the current no-fault system which requires motorists to carry $10,000 in personal injury protection (PIP) coverage stays in place. There will also be no changes to Florida’s interesting distinction of being one of only two states that do not require bodily injury liability auto insurance. The other is New Hampshire. Wisconsin was the third, but as of 2010, Wisconsin now requires liability insurance. However, Florida will continue to require bodily injury liability insurance if the driver has been found guilty of driving under the influence.

If you should have questions on Florida automobile subrogation or subrogation in general, please contact Elizabeth Hernandez at [email protected].

Elizabeth K. Hernandez

Elizabeth K. Hernandez is an insurance litigation trial attorney and managing partner at Matthiesen, Wickert & Lehrer’s Jacksonville, Florida branch office. Elizabeth is licensed to practice in Florida. Her practice focuses on complex property and casualty subrogation, workers’ compensation subrogation, and automobile subrogation.