By: Anthony J. Milano 11/18/2025

How No PIP Coverage Affects Your Florida Injury Claim

What Is a PIP Setoff?

Under Florida Statute § 627.736, drivers must carry PIP insurance, which covers up to $10,000 in medical expenses and lost wages regardless of who caused the accident. The law is designed to ensure quick access to benefits and limit litigation over minor injuries.

To prevent “double recovery”—being paid twice for the same expenses—Florida law generally requires the court to deduct any PIP-covered or payable amounts from a plaintiff’s damages. This deduction is known as a “PIP setoff.

But what happens if the plaintiff wasn’t insured and had no PIP coverage at all?

Courts Disagree on Whether Defendants Still Get a Setoff

Here’s where it gets tricky: Florida courts differ on whether a defendant can claim a setoff when the plaintiff lacks the required PIP insurance.

Some Courts Say Yes, the Defendant Gets a Setoff

In cases like Holt v. King and Cases v. Gray, Florida appellate courts held that the defendant is still entitled to a PIP setoff—even when the plaintiff was uninsured in violation of the state’s no-fault laws.

The rationale behind these decisions is that the plaintiff should not benefit from failing to comply with the law. In other words, the plaintiff shouldn’t collect damages that PIP would have covered simply because they lacked insurance.

Other Courts Say No, the Defendant Cannot Reduce Damages

In contrast, the court in Stephens v. Renard took a different view, holding that it was improper to reduce a damage award based on the plaintiff’s failure to carry PIP insurance. This stance emphasizes that a plaintiff shouldn’t face a penalty at trial simply for lacking coverage—especially when no insurer ever paid the damages.

This conflict among judicial districts underscores a key issue in Florida personal injury law: the full compensation you can recover may depend on where you file your case.

In Summary:

The Third and Fourth District Courts of Appeal, which cover South Florida—including Miami-Dade, Broward, Palm Beach, and Monroe Counties—have generally allowed defendants to claim a setoff even when the plaintiff did not carry PIP insurance.
The Second and Fifth District Courts of Appeal, covering much of Central and Southwest Florida, including areas like Tampa, Orlando, Lakeland, and Daytona Beach, have taken the opposite view, holding that a setoff should not be granted where no PIP benefits were actually paid.
The First District Court of Appeal, which covers North Florida, including Tallahassee, Jacksonville, and Pensacola, has not definitively ruled on this issue, leaving room for interpretation in that region.

Because Florida’s appellate courts are inconsistent, your ability to recover full compensation without PIP coverage may depend largely on where you file your case.

Setoff Rules and Jury Instructions

If PIP benefits are at issue, you must present evidence of those benefits to the jury, and the jury must receive instructions to subtract them from the total damages it awards. However, the defendant must raise the setoff as an affirmative defense before trial. If you don’t properly plead it, you may waive the right to a setoff.

This process ensures plaintiffs receive only the compensation the law allows and prevents any duplication of benefits.

So, What Does This Mean for Your Injury Claim?

In summary:

If you’re uninsured, the defendant may or may not get to reduce your damages by the amount of PIP benefits you would have received.
The outcome can vary depending on the judicial district your case is in.
Failing to have PIP coverage doesn’t automatically bar you from recovering compensation, but it could reduce the amount you receive in some parts of the state.
The defendant must raise the PIP setoff defense early in the case, or they could lose that argument.

Call Milano Legal Group to Protect Your Rights

If an accident injured you and you didn’t have PIP coverage, don’t assume you have no options. The law is complex, and its impact on your case depends on several factors, including the location of your filing and the specific facts involved.

At Milano Legal Group, we know how to navigate these complex issues and fight for the compensation you deserve—even in difficult or disputed cases.

Call us today for a free consultation and let us help you understand your rights and your next steps.