Florida Statute 627.737 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.737

627.737 Tort exemption; limitation on right to damages; punitive damages.—

(1) Every 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, and every person or organization legally responsible for her or his acts or omissions, is hereby exempted from tort liability for damages because of bodily injury, sickness, or disease arising out of the ownership, operation, maintenance, or use of such motor vehicle in this state to the extent that the benefits described in s. 627.736(1) are payable for such injury, or would be payable but for any exclusion authorized by ss. 627.730-627.7405, under any insurance policy or other method of security complying with the requirements of s. 627.733, or by an owner personally liable under s. 627.733 for the payment of such benefits, unless a person is entitled to maintain an action for pain, suffering, mental anguish, and inconvenience for such injury under the provisions of subsection (2).

(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.

(d) Death.

(3) When a defendant, in a proceeding brought pursuant to ss. 627.730-627.7405, questions whether the plaintiff has met the requirements of subsection (2), then the defendant may file an appropriate motion with the court, and the court shall, on a one-time basis only, 30 days before the date set for the trial or the pretrial hearing, whichever is first, by examining the pleadings and the evidence before it, ascertain whether the plaintiff will be able to submit some evidence that the plaintiff will meet the requirements of subsection (2). If the court finds that the plaintiff will not be able to submit such evidence, then the court shall dismiss the plaintiff’s claim without prejudice.

(4) In any action brought against an automobile liability insurer for damages in excess of its policy limits, no claim for punitive damages shall be allowed.

History.—s. 8, ch. 71-252; s. 3, ch. 76-168; s. 5, ch. 76-266; s. 1, ch. 77-457; s. 35, ch. 77-468; s. 4, ch. 78-374; ss. 2, 3, ch. 81-318; ss. 555, 563, ch. 82-243; s. 363, ch. 97-102; s. 19, ch. 2003-411; s. 14, ch. 2007-324.

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Amendments to 627.737

Arrestable Offenses / Crimes under Fla. Stat. 627.737

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.737.

Annotations, Discussions, Cases:

Cases Citing Statute 627.737

Total Results: 20

Progressive Specialty Insurance Company v. Florida Hospital Ocala, Inc. D/B/A Adventhealth Ocala A/A/O Sandra Thomas

Court: District Court of Appeal of Florida | Date Filed: 2024-10-14

Snippet: that would otherwise be available under section 627.737. See § 627.733(4), Fla. Stat. (2019).

KIPP COOPER AND CLASSIC PLUMBING OF BREVARD, LLC vs TAMMY GONZALEZ

Court: District Court of Appeal of Florida | Date Filed: 2023-03-31

Snippet: received a permanent injury in the accident. § 627.737(2), Fla. Stat. (2021). That section defines permanent

CLEMENTE ARIAS v. MARY ANNA PORTER

Court: District Court of Appeal of Florida | Date Filed: 2019-05-29

Snippet: for past and future pain and suffering. See § 627.737(2), Fla. Stat. (2011). In closing argument, Mr

Conti v. Auchter

Court: District Court of Appeal of Florida | Date Filed: 2019-03-15

Citation: 266 So. 3d 1250

Snippet: instant claims are inextricably intertwined. See § 627.737, Fla. Stat. (2012) ("In any action of tort brought

Conti v. Auchter

Court: District Court of Appeal of Florida | Date Filed: 2019-03-15

Citation: 266 So. 3d 1250

Snippet: instant claims are inextricably intertwined. See § 627.737, Fla. Stat. (2012) ("In any action of tort brought

Swanson v. Beilman

Court: District Court of Appeal of Florida | Date Filed: 2017-05-12

Citation: 216 So. 3d 784, 2017 WL 1968726, 2017 Fla. App. LEXIS 6824

Snippet: shall be limited to economic damages only. See § 627.737(2), Fla. Stat. (2010). AFFIRMED. ORFINGER, TORPY

Swanson v. Beilman

Court: District Court of Appeal of Florida | Date Filed: 2017-05-08

Snippet: shall be limited to economic damages only. See § 627.737(2), Fla. Stat. (2010). AFFIRMED. ORFINGER

Geico General Insurance Co. v. Dixon

Court: District Court of Appeal of Florida | Date Filed: 2017-01-04

Citation: 209 So. 3d 77, 2017 Fla. App. LEXIS 22

Snippet: damages, such as pain and suffering. See §§ 627.727, 627.737, Fla. Stat. (2015). 3 , The jury

In re Standard Jury Instructions in Civil Case—Report No. 12-01

Court: Supreme Court of Florida | Date Filed: 2013-05-30

Citation: 130 So. 3d 596, 2013 WL 2349287

Snippet: issue of limitation on damages because of F.S. 627.737(2), use in*614struction 501.34. instead of instruction

Duclos v. Richardson

Court: District Court of Appeal of Florida | Date Filed: 2013-04-22

Citation: 113 So. 3d 1001, 2013 WL 1715442, 2013 Fla. App. LEXIS 6495

Snippet: automobile accident with the defendant, under section 627.737(2), ■ Florida Statutes. Under the statute, the

Jiminez v. Faccone

Court: District Court of Appeal of Florida | Date Filed: 2012-08-10

Citation: 98 So. 3d 621, 2012 WL 3238282, 2012 Fla. App. LEXIS 13358

Snippet: entitled to the threshold defense under section 627.737, Florida Statutes (1997), requiring the Fac-cones

Wald v. Grainger

Court: Supreme Court of Florida | Date Filed: 2011-05-19

Citation: 64 So. 3d 1201, 36 Fla. L. Weekly Supp. 211, 2011 Fla. LEXIS 1126, 2011 WL 1885710

Snippet: 43. The First District concluded that section 627.737(2), Florida Statutes (2007), precluded the jury

Geico General Insurance Co. v. Cirillo-Meijer

Court: District Court of Appeal of Florida | Date Filed: 2010-12-08

Citation: 50 So. 3d 681, 2010 Fla. App. LEXIS 18630, 2010 WL 4962815

Snippet: operator of a motor vehicle or his or her insurer. § 627.737(2)(c), Fla. Stat. (2010). She thus contends it

In Re Standard Jury Instructions in Civil Cases—Report No. 09-01

Court: Supreme Court of Florida | Date Filed: 2010-03-04

Citation: 35 So. 3d 666, 35 Fla. L. Weekly Supp. 149, 2010 Fla. LEXIS 302

Snippet: issue of limitation on damages because of F.S. 627.737(2), use instruction 501.4. 501.2 PERSONAL INJURY

Trumbull Insurance Co. v. Wolentarski

Court: District Court of Appeal of Florida | Date Filed: 2009-02-04

Citation: 2 So. 3d 1050, 2009 Fla. App. LEXIS 761, 2009 WL 249203

Snippet: also moved to strike the School Board's section 627.737(2) affirmative defense.[2] It was not until June

United Auto. Ins. Co. v. Custer Medical Center

Court: District Court of Appeal of Florida | Date Filed: 2008-09-10

Citation: 990 So. 2d 633, 2008 Fla. App. LEXIS 13844, 2008 WL 4146365

Snippet: reasonable degree of medical probability. See § 627.737(2)(a)-(d), Fla. Stat. (1997). On the other hand

Grainger v. Wald

Court: District Court of Appeal of Florida | Date Filed: 2008-04-10

Citation: 982 So. 2d 42, 2008 WL 957862

Snippet: suffering, mental anguish or inconvenience." See § 627.737(2), Fla. Stat.

Mercury Ins. Co. of Florida v. Moreta

Court: District Court of Appeal of Florida | Date Filed: 2007-05-02

Citation: 957 So. 2d 1242, 2007 Fla. App. LEXIS 6680, 2007 WL 1264103

Snippet: must be a serious injury as described in Section 627.737(2) of the Florida Motor Vehicle No-Fault Law before

State Farm Mut. Auto. Ins. Co. v. Nichols

Court: Supreme Court of Florida | Date Filed: 2006-06-01

Citation: 932 So. 2d 1067, 31 Fla. L. Weekly Supp. 358, 2006 Fla. LEXIS 982, 2006 WL 1491542

Snippet: statutorily-imposed threshold of permanency is established. § 627.737, Fla. Stat. (2001). Thus, the injured insured becomes

Fried v. State Farm Mutual Automobile Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 2005-06-08

Citation: 904 So. 2d 566, 2005 Fla. App. LEXIS 8497

Snippet: that theory is that under sections 627.727 and 627.737, Florida Statutes, an insured is required to establish