Car accidents are always stressful, but dealing with the legal side can be even more overwhelming if you’re not sure about the rules. Florida has its own unique laws for car accidents, and if you live or drive in this state, it’s important to understand how things work. In this blog, we’ll break down the Florida car accident laws in plain English so you can be prepared, just in case something unexpected happens.
1. Florida Is a No-Fault State
Florida follows a “no-fault” system when it comes to car accidents. This means that if you’re injured in an accident, your insurance will pay for your medical bills and lost wages, no matter who caused the accident. This is done through something called Personal Injury Protection (PIP) insurance.
You are required by law to carry at least $10,000 in PIP coverage. It covers:
- 80% of your medical bills
- 60% of your lost wages
It doesn’t matter if the other driver caused the accident. You’ll still go to your own insurance company first.
2. When Can You Sue the Other Driver?
Even though Florida is a no-fault state, there are certain situations where you can step outside of the no-fault system and sue the at-fault driver. This usually happens when the injuries are serious, like:
- Permanent injury
- Significant and permanent scarring or disfigurement
- Death
In such cases, you may file a lawsuit against the other driver to get compensation for pain and suffering and other damages that PIP does not cover.
3. Minimum Insurance Requirements in Florida
Every driver in Florida must have:
- $10,000 in Personal Injury Protection (PIP)
- $10,000 in Property Damage Liability (PDL)
However, Florida does not require drivers to carry Bodily Injury Liability (BIL) insurance unless they’ve been in certain types of accidents or convicted of specific offenses. Even so, many drivers carry it voluntarily because it protects them if they cause serious harm to others.
4. What to Do Right After an Accident
If you are involved in a car accident in Florida, you need to:
- Stop your car and stay at the scene.
- Check if anyone is hurt and call 911 if needed.
- Move your car to a safe location, if possible.
- Exchange names, addresses, and insurance information with the other driver.
- Take pictures of the scene, damage, and injuries.
- Talk to witnesses and get their contact info.
- Report the accident to the police if there’s injury, death, or damage over $500.
You should also report the crash to your insurance company as soon as possible.
5. The 14-Day Medical Rule
Florida has a special rule related to medical treatment. To be eligible for PIP benefits, you must seek medical attention within 14 days of the accident. If you wait longer than that, your insurance company can deny your claim.
So even if you feel fine right after a crash, it’s a good idea to see a doctor. Some injuries take a few days to show up.
6. Comparative Negligence in Florida
Florida follows a modified comparative negligence system. This means if you are partly at fault for the accident, your compensation will be reduced by your percentage of fault.
For example:
- If you were 20% at fault and the total damage was $10,000, you’d get $8,000.
- If you were more than 50% at fault, you might not be able to recover anything.
This rule affects both court verdicts and insurance settlement negotiations.
7. Reporting a Car Accident
According to Florida law, you must report a crash to the police if:
- There’s an injury or death
- There’s more than $500 in property damage
If a police officer arrives at the scene, they’ll usually file the report. If not, you need to file a crash report yourself with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) within 10 days.
8. Statute of Limitations in Florida
A statute of limitations is a law that sets a deadline for filing a lawsuit. In Florida:
- You have 2 years from the date of the accident to file a personal injury lawsuit (as of 2023).
- You have 2 years to file for property damage.
- If the accident caused a death, the family has 2 years to file a wrongful death lawsuit.
Waiting too long means you lose the right to sue forever.
9. Damages You Can Recover After a Car Accident
If you are seriously injured and able to sue the other driver, you can seek compensation for:
- Medical expenses (past and future)
- Lost wages
- Loss of future earning ability
- Pain and suffering
- Emotional distress
- Car repair or replacement costs
- Loss of enjoyment of life
- In wrongful death cases: funeral costs and loss of companionship
Florida does not place a cap on most of these damages, but they must be proven with solid evidence.
10. Driving Without Insurance in Florida
Driving without insurance in Florida can lead to:
- Fines between $150 and $500
- Suspension of your license and registration
- Requirement to carry SR-22 insurance (a more expensive policy)
- Reinstatement fees
Repeat offenses make the penalties worse.
11. Dealing With Insurance Companies
After a car accident, both your insurer and possibly the other driver’s insurer will contact you. Be careful:
- Stick to the facts
- Don’t admit fault
- Don’t agree to a quick settlement before knowing the full cost of your injuries
You have the right to talk to a lawyer before giving a statement or accepting a settlement.
12. Hiring a Car Accident Attorney in Florida
Many people choose to hire a personal injury lawyer, especially if they have serious injuries or the case is complicated. A good attorney can:
- Handle paperwork and deadlines
- Negotiate with insurance companies
- File a lawsuit if needed
- Help you get the maximum compensation
Most personal injury lawyers work on a “contingency fee” basis, which means you don’t pay them unless you win your case.
13. What Happens If the Other Driver Is Uninsured?
If the person who hit you has no insurance, your options depend on your own policy. If you purchased Uninsured Motorist (UM) coverage, it will help pay for your injuries.
UM coverage isn’t required in Florida, but it’s a good idea to have it. It can cover:
- Medical bills
- Lost wages
- Pain and suffering
If you don’t have UM coverage, you may need to sue the uninsured driver personally, but collecting money from them can be difficult.
14. New Laws and Updates in 2025
Starting in July 2025, Florida will have new penalties for extreme speeding:
- Driving over 100 mph may lead to jail time, large fines, and possible license suspension.
- This is part of a broader push to reduce fatal crashes on highways.
Always stay updated with any new laws as they can impact how insurance and liability are handled.
15. Important Tips to Protect Yourself
- Always carry more insurance than the minimum if you can afford it
- Never leave the scene of an accident
- Take detailed notes and photos right after the crash
- Get medical help even if you feel okay
- Don’t rush into a settlement
- Keep copies of all your bills and accident-related documents
Conclusion
Understanding Florida car accident laws doesn’t have to be complicated. At the core, the laws are designed to make sure that people are treated fairly, whether they’re victims or at fault. Florida’s no-fault system helps reduce court cases, but there are still plenty of rules and exceptions you need to know. From seeking medical care quickly to knowing when you can sue, being informed is your best protection.
If you’re ever in doubt or dealing with a complicated accident situation, talking to a personal injury lawyer is a smart move. They can guide you through the process and help make sure your rights are fully protected.