Policy Documents

Florida No-Fault Insurance Reform: A Step in the Right Direction

Mark K. DeLegal and Allison P. Pittman –
January 1, 2002

Florida is one of many states with legislation compelling its residents to carry some form of no-fault automobile insurance. Florida requires its drivers to carry a certain amount of personal injury protection insurance. This Note examines Florida’s original no-fault insurance statutes and the logic behind them, and also takes a brief look at the current requirements of Florida’s no-fault insurance laws.

Unfortunately, Florida faces a growing problem of automobile insurance fraud, especially in the area of personal injury protection (PIP) insurance. This Note discusses the wide range of participants in PIP fraud and the many forms PIP fraud takes, and summarizes some of the laws already in place to prevent insurance fraud. After concluding that these laws do not provide enough protection, this Note reviews the recommendations for the Florida Legislature outlined in the recent Fifteenth Statewide Grand Jury Second Interim Report, which reported on insurance fraud related to PIP. This Note then explores the PIP reform bill passed by the Florida Legislature during the 2001 legislative session and discusses the major provisions of the bill and how they alter the current state of the law. Next, this Note discusses the new public records bill and how it alters the accessibility of police reports, which was determined to be a major contributing factor to PIP fraud. Finally, this Note examines the effectiveness of these bills in preventing personal injury protection fraud in Florida.