If a car hits you while you’re walking in Florida, your own auto insurance pays for your medical bills first, even if you weren’t driving. This catches most people off guard. Florida operates on a no-fault system, and no-fault coverage follows the person, not just the vehicle they are in or out of.
Your Own PIP Policy Pays First
Under Florida Statute § 627.736, personal injury protection extends to pedestrians struck by a motor vehicle, not just drivers and passengers. If you own a car, your policy’s personal injury protection coverage is the first source of payment for your injuries, regardless of who caused the accident.
Personal injury protection typically covers 80% of reasonable medical expenses and 60% of lost wages. There is a catch that people constantly trip over. You must start treatment within 14 days of the accident or the insurance company can deny your claim outright.
What Happens If You Don’t Own a Car
Plenty of pedestrians do not carry auto insurance at all. Florida law still has an answer to that. If you live with a relative who owns an insured vehicle, their PIP policy will typically cover you instead. If there is no household PIP policy anywhere, the claim will usually shift to the at-fault driver’s insurance, which changes the entire process. This path moves more slowly. It also depends on proving fault, rather than simply filing a no-fault claim, which is a different battle.
When You Can Go Beyond PIP
PIP was never designed to cover everything, and Florida law recognizes this directly. Florida Statute § 627.737 allows an injured person to step outside the no-fault system and pursue the at-fault driver directly, but only if the injury meets a serious threshold: significant and permanent loss of bodily function, permanent injury within a reasonable degree of medical probability, or significant and permanent scarring.
Meeting this threshold opens the door to compensation for pain and suffering, which is something PIP does not pay for. Getting there requires solid medical documentation early, not months later, when the injury has fully revealed itself.
Fault Still Matters, Even in a No-Fault State
PIP pays regardless of fault. Recovering anything beyond PIP doesn’t work that way. Florida Statute § 316.130 sets out when a pedestrian has right-of-way and it isn’t automatic everywhere. Drivers must yield in both marked and unmarked crosswalks. Pedestrians crossing outside the crosswalk carry the burden of yielding to traffic. Insurance companies rely on this distinction, arguing that the pedestrian darted into the road or crossed against the signal. Under Florida Statute § 768.81 if you are found more than 50% responsible for the accident you can’t recover anything from the driver.
The Evidence That Decides Who Pays Beyond PIP
A few details typically decide these disputes:
- The police report from the accident, including any citations issued to either party.
- Traffic signal timing and crosswalk markings at the location where the accident occurred.
- Witness accounts gathered quickly, before memories begin to shift or people move on.
- Vehicle data or dashcam footage showing speed and braking before impact.
- Medical records establish that your injury meets a serious threshold.
You generally have two years to file a lawsuit under Florida Statute §95.11, so none of these things can wait.
Choosing the Right Attorney Matters More Than People Expect
A pedestrian accident claim involves insurance law, traffic law and medicine at once. An attorney who understands orthopedics, neurology and engineering well enough can explain exactly how the accident caused your injury, not just that it happened. Each case is different and the attorney handling your case should be able to prove it with specifics, not generalities.
At Hutch Firm, we handle insurance companies, medical providers, and evidence so you don’t have to figure it out while you’re still recovering. You have one case. Make sure the attorney handling it can answer hard questions. Schedule a consultation today.