Florida’s Motor Vehicle Act has some very important parts to it. One part requires people to have PIP or personal injury protection coverage. This coverage pays your own medical bills and wages when you are in an accident, regardless of whether you are at fault or not. It generally pays 80 percent of medical bills and 60 percent of wages. Another important part is that there is a limitation on recovery of non-economic damages, like pain and suffering. In order to recover pain and suffering, generally one must prove:
1) death;
2) significant scarring;
3) permanent disfigurement or
4) a permanent injury.
See section 627.737 (2) which is posted below.
In this statute, assuming the person did not die in the accident, has no scarring or has not permanent disfigurement- you are required to prove a PERMANENT INJURY. Now while that standard does not require that you prove that you are hospitalized and seems very difficult to prove, it can be proven with neck injuries, back injuries, knee injuries and essentially any injury. If you can correlate it to the accident and prove that it is a “permanent injury.” This is generally proven with expert testimony and the expert would usually be your treating physician or physicians.
Now, if you have NO INJURY (as the question asks here), the answer is clear that you cannot have an personal injury case as you would not be able to prove a permanent injury. You would arguably be entitled to compensation for any balances from the hospital, if you went there or to any visits to a doctor or to money for missed time from work. Even so, essentially the law prevents people from simply claiming money for an accident without proof of injury and indeed the standard requires proof of permanent injury.
Of course, every case is unique and has to be judged based on the specific facts of the case. The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as the most slight difference in the facts could ultimately change the result. Also, this blog is based on Florida law and the laws of any other states or another country could vary significantly from Florida.
627.737 Tort exemption; limitation on right to damages; punitive damages.—
(2) In any action of tort brought against the owner, registrant, operator, or occupant of a motor vehicle with respect to which security has been provided as required by ss. 627.730-627.7405, or against any person or organization legally responsible for her or his acts or omissions, a plaintiff may recover damages in tort for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease arising out of the ownership, maintenance, operation, or use of such motor vehicle only in the event that the injury or disease consists in whole or in part of:
(a) Significant and permanent loss of an important bodily function.
(b) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
(c) Significant and permanent scarring or disfigurement.
(d) Death.
