In Florida, a driver (or passenger who does not have to comply with the requirements of Florida’s motor vehicle no-fault law) does not have to prove that he/she suffered permanent injuries in order to claim pain-and-suffering damages, because taxi driver’s taxi is exempt from requirements of Florida’s no fault law (F.S.A. Section 627.733).
In 1996, Felizola was a taxi driver who was stopped and unloading a passenger when his taxi was rear-ended by Utvich.
Felizola sued Utvich for injuries received in the accident. Prior to trial the court ruled that Felizola did not have to prove that he suffered permanent injuries in order to claim pain-and-suffering damages, because Felizola’s taxi was exempt from the requirements of the Florida Motor Vehicle No-Fault Law, sections 627.730-627.7405, Florida Statutes (1995).
Utvich contended that the trial court erred in finding Felizola did not have to prove permanent injury in order to claim pain-and-suffering damages. The trial court was correct.
Taxis are definitionally excluded from the no fault law. See § 627.733(1), Fla. Stat. (1995)(“Every owner or registrant of a motor vehicle, other than a motor vehicle used as a taxicab … shall maintain security as required by subsection (3) ….”)(emphasis added); Lasky v. State Farm Ins. Co., 296 So.2d 9, 21-22 (Fla.1974) (“[T]axis, motorcycles, busses and commercial vehicles do not come within the provisions of the no-fault act.”). Thus, taxi drivers do not fall within the scope of the statutes requiring claimants to prove permanency.