Commercial Vehicle Accidents & Florida’s No-Fault System

As of 2025, nine U.S. states follow a no-fault auto insurance system, with a handful of others offering it as a choice for drivers to make individually. Florida is one of those states which mandates a no-fault system, which means that all Florida drivers must carry a certain amount of property damage liability (PDL) and personal injury protection (PIP) insurance in order to be able to cover minor claims in the event of an accident. This applies to all Florida drivers, even commercial drivers who may get into accidents while operating their vehicle for work.

Minor Claims vs Major Claims

A no-fault auto insurance system is designed to settle minor claims quickly, directing injured drivers to file claims with their insurers instead of filing suit in court. However, if an accident results in major injuries or fatalities (as accidents involving commercial vehicles are far more likely to do), the “tort immunity” requiring people to file claims through their insurers is lifted, and the injured person can file suit in court against the allegedly responsible defendant.

Thus, in Florida, an injured driver with minor injuries will file a claim with their PIP and/or PDL insurer to cover their expenses, while a severely injured person (or their next of kin) may file suit against the other driver – and, in commercial cases, sometimes the transport company can be sued as a defendant as well. In cases involving commercial vehicles, an injured person may think they cannot win because transport companies usually have deep pockets and an army of attorneys on their side, but in many cases, negligence can be established well enough for the plaintiff to recover for their injuries.

Know Your Options

Some wonder why anyone is allowed to file suit in a state that has no-fault auto insurance instead of going through one’s insurance. The reasons are twofold: (1) in Florida, PIP will only cover 80 percent of all “reasonable expenses for medically necessary care,” and that 20 percent does add up after a commercial vehicle accident; and (2) PIP insurance does not cover intangible damages, like pain and suffering or loss of companionship. A commercial vehicle is usually much larger than a standard car or truck, and as a result, is disproportionately likely to cause severe injury in addition to emotional trauma.

Keep in mind that while you have the right to file suit instead of seeking recompense from your insurer if your injuries are severe, you may be able to include the commercial driver’s employer as a defendant as well. This is a concept known as vicarious liability, and it holds that if an employee commits a tort (essentially, the civil law equivalent of a crime) while engaged in their employer’s business, it is the employer who should be held at least partially liable.

Contact A Tampa Commercial Vehicle Accident Attorney

Commercial motor vehicles are large and capable of doing great harm – and if this has happened to you, and your injuries are severe, it is important that you understand you can leave the no-fault system behind. If you have questions or concerns about your case, a Tampa commercial vehicle accident attorney from the Rinaldo Law Group can try to be of service. Call our office today to schedule a consultation.

Source:

flhsmv.gov/insurance/