Florida combines heavy tourist traffic, a large number of older and out-of-state drivers, and busy corridors like I-4 through Orlando and I-95 through South Florida. Florida is a no-fault state, and its 2023 tort reform shortened the deadline for most negligence claims and adopted a modified comparative fault rule.
Is Florida a no-fault state?
Yes — Florida is a no-fault state. Florida is a no-fault state. After most crashes, your own personal injury protection (PIP) pays first for medical bills and some lost income, no matter who caused the crash. You can usually claim against the at-fault driver for pain and suffering only if your injuries meet Florida's threshold.
Florida requires $10,000 of PIP and $10,000 of property damage liability. Bodily injury liability is not required for most drivers.
Learn more in our guide to what a no-fault state is.
How does shared fault work in Florida?
Florida follows a modified comparative fault rule with a 51% bar. Your recovery may be reduced by your share of fault, and you generally cannot recover if you are found more than 50% responsible.
For example, if you were found 20% at fault for a crash in Florida, your compensation could be reduced by 20%. If your share reached the 51% bar, you could be barred from recovering from the other driver.
Read more: what comparative fault means.
How long do I have to file a car accident claim in Florida?
In Florida, the general deadline to file a personal injury lawsuit is two years from the date of the injury, with some exceptions. Florida shortened its general negligence deadline from four years to two years for claims arising after March 24, 2023.
Other deadlines can be much shorter. Your insurance policy may require prompt notice of the crash, PIP and uninsured-motorist claims can have their own timelines, and claims against a city, county or the State of Florida often need formal notice within months. Different rules can also apply to minors and wrongful death claims.
What are Florida's minimum car insurance requirements?
Florida does not require bodily injury liability coverage for most drivers. Florida does not require bodily injury liability coverage for most drivers. It requires $10,000 of PIP and $10,000 of property damage liability. Some drivers (for example, after certain violations) must carry bodily injury coverage.
Minimum limits are often not enough to cover a serious injury. If the at-fault driver has little or no insurance, your own uninsured/underinsured motorist (UM/UIM) coverage, medical payments coverage or PIP may help. See what to do if an uninsured driver hit you.
What should I do after a car accident in Florida?
Get safe, get medical care and protect your evidence. These steps apply anywhere in Florida:
- Call 911 if anyone is hurt, and move out of traffic if it's safe — especially on busy roads like I-95 or I-4.
- Call the police and ask how to get the crash report. Florida generally requires reporting crashes that cause injury, death or significant damage.
- Exchange names, insurance and plate numbers, and photograph the vehicles, the scene and your injuries.
- Get the names and phone numbers of witnesses.
- See a doctor promptly, even if you feel fine — Florida PIP claims can depend on prompt treatment.
- Notify your own insurer, but be careful about giving the other driver's insurer a recorded statement.
- Talk to an independent Florida attorney before signing any release, keeping the two years deadline in mind.
Our full what to do after a car accident guide goes into more detail.
Where do car accidents happen in Florida?
Crashes happen everywhere, but traffic is heaviest in and around Miami, Orlando, Tampa, Jacksonville, Fort Lauderdale and St. Petersburg. Major routes include I-95, I-4, I-75, I-10, Florida's Turnpike and US-1. Our attorney-matching service covers every county in Florida.