Car Accident Laws in Florida
Florida’s highways and city streets see thousands of crashes every year, from fender benders in Orlando to major pileups on I-95. If you’re injured in a car accident in Florida, it’s important to understand how the state’s insurance rules, fault laws, and filing deadlines work. This guide outlines the most important car accident laws in Florida so you can make informed decisions after a crash.
Florida Is a No-Fault State
Florida follows a no-fault car insurance system. This means after a crash, your own insurance company will cover certain expenses—regardless of who caused the accident. This coverage is known as Personal Injury Protection (PIP) and includes:
- Up to $10,000 for medical bills and lost wages
- 80% of necessary medical expenses
- 60% of lost income
However, if your injuries are serious (such as permanent disability or significant disfigurement), you can step outside the no-fault system and file a lawsuit against the at-fault driver.
Comparative Fault in Florida
Florida uses a modified comparative fault system as of 2023. If you are 50% or more responsible for the accident, you cannot recover any damages. If you are less than 50% at fault, your compensation will be reduced by your percentage of fault.
For example, if you were found to be 30% responsible and your damages total $100,000, you would receive $70,000.
Required Auto Insurance Coverage in Florida
To legally drive in Florida, you must carry at least:
- $10,000 in Personal Injury Protection (PIP)
- $10,000 in Property Damage Liability (PDL)
Florida does not currently require drivers to carry bodily injury liability insurance, but it is strongly recommended. Without it, you may be personally liable for damages if you injure someone else in a crash.
Statute of Limitations for Car Accidents
As of 2023, Florida has a two-year statute of limitations for personal injury claims from car accidents. This means you must file your lawsuit within two years of the date of the crash. For property damage claims, the deadline is four years.
When to Report an Accident in Florida
You are required to report a crash to law enforcement if:
- Someone is injured or killed
- There is apparent property damage of $500 or more
- A vehicle must be towed from the scene
In most cases, a police officer will complete the crash report. If not, you must file a report yourself with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) within 10 days.
What If the Other Driver Has No Insurance?
If the at-fault driver is uninsured or underinsured, you may be able to turn to your Uninsured/Underinsured Motorist (UM/UIM) coverage, if you have it. This coverage is optional in Florida but provides crucial protection when the other driver can’t pay for your damages.
What Compensation Can You Recover?
If you step outside the no-fault system and file a lawsuit, you may be entitled to damages such as:
- Past and future medical expenses
- Lost income and reduced earning ability
- Property damage
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
Punitive damages may also be awarded in extreme cases of gross negligence or intentional misconduct, such as drunk driving.
Are Pedestrians and Cyclists Covered?
Yes. Pedestrians and bicyclists injured in motor vehicle accidents may be covered under their own PIP policies or the policy of a resident relative. If none is available, they may qualify for PIP through the at-fault driver’s insurer. They can also sue if their injuries meet Florida’s serious injury threshold.
Should You Hire a Car Accident Lawyer in Florida?
If your injuries are serious or your insurance claim is being delayed or denied, it’s a good idea to speak with a car accident lawyer. Florida’s laws are complex, and an attorney can help you file the correct paperwork, deal with insurers, and pursue full compensation. Most lawyers offer free consultations and only get paid if you win.