Florida Car Accident Laws

The Florida deadline for filing a car accident lawsuit, the state's rules on shared fault for a crash, and drivers' legal duties to report a car accident in Florida.

By , J.D.
Get the compensation you deserve. We've helped 215 clients find attorneys today.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

If you've been involved in any kind of traffic accident in Florida, there are a number of state laws to understand—including a few that could have a big impact on any insurance claim or lawsuit you decide to file, such as:

  • Florida's no-fault car insurance rules
  • the four-year deadline for filing most car accident lawsuits in Florida's civil court system
  • Florida's "pure comparative fault" rule, which applies when the claimant was partly responsible for causing the car accident, and
  • obligations to report a car accident in Florida.

Florida Is a No-Fault Car Insurance State

Florida is one of a dozen or so states that follow a no-fault car insurance scheme. That means drivers must typically turn first to their own personal injury protection (PIP) car insurance coverage to get compensation for medical bills and other losses after a crash, regardless of who might have been at fault.

An insurance claim or lawsuit against the at-fault driver is only possible if car accident injuries meet a certain threshold. To learn more about who can make a no-fault claim in Florida, what's covered, and more, check out our coverage of the Florida no-fault car insurance rules.

What Car Accident Losses Are Compensated In Florida?

The answer here depends on whether:

  • you're making a no-fault/PIP car insurance claim with your own car insurance company, or
  • the extent of your injuries means you're able to step outside of Florida's no-fault system and make a liability claim against the at-fault driver.

First, with a no-fault/PIP claim, Florida law mandates the following benefits to claimants:

  • 80 percent of reasonable medical expenses to treat car accident injuries
  • 60 percent of income lost because of the accident and injuries, and
  • $5,000 in death benefits (paid to the estate or relatives of the deceased person).

When Can I Get "Pain and Suffering" Compensation After a Florida Car Accident?

If you're able to circumvent no-fault and file a liability insurance claim or lawsuit, you're entitled to compensation for the full spectrum of your losses (these losses are called "damages" in the language of the law), including:

  • full payment of your medical bills stemming from your car accident injuries
  • compensation for your mental and physical pain and suffering (a category of damages that can come with significant compensation, and which isn't available in a no-fault/PIP claim), and
  • lost income and other economic losses related to the accident.

The Florida Car Accident Statute of Limitations

Let's assume your car accident injuries let you step outside of Florida's no-fault car insurance system and file a car accident lawsuit against the driver who caused your crash. Now's the time to understand the "statute of limitations," which is a law that sets a time limit on your right to file your lawsuit.

In most situations, you have four years, starting from the date of the crash, to get your car accident case started in the Florida court system. For the details, learn more about the car accident statute of limitations in Florida.

What If I'm Partly At Fault for My Florida Car Accident?

If the other driver was entirely at fault for your car accident, and you're able to step outside of no-fault because of the seriousness of your injuries, the other driver (or more often, their insurance company) will be liable to pay for medical bills, lost wages, and other losses you suffered. But what happens if you were partly at fault for the crash?

Florida follows a "pure comparative fault" rule when both parties are found to share blame for an accident. In the rare event that a car accident lawsuit goes to trial, the jury will be asked to calculate two things based on the evidence:

  • the total dollar amount of the plaintiff's damages, and
  • the percentage of fault that each party bears.

Under the pure comparative fault rule, the plaintiff's damages award is reduced by a percentage equal to their share of fault.

How Does Florida's Comparative Negligence Rule Work In a Car Accident Case?

Suppose that the jury decides your total damages award should be $100,000 (including your medical bills, lost income, vehicle damage, and "pain and suffering"). But the jury also decides you are 40 percent responsible for the accident (maybe you were speeding). Under Florida's comparative fault rule, you are entitled to get 60 percent of the $100,000 total, or $60,000—still a significant sum, but not as much as the grand total of your damages.

The Florida comparative fault rule applies even if you're found to bear most of the blame for the accident. For instance, if the jury decides you're 90 percent at fault, you're still technically entitled to 10 percent of your total damages, but of course the other side of the coin is that you'll be on the hook for 90 percent of the other driver's damages.

Will Florida's Comparative Fault Rule Affect My Car Insurance Claim?

Not only does the comparative negligence rule bind Florida judges and juries (if your car accident case makes it to court), it will also guide a car insurance claims adjuster when they're evaluating your car insurance claim. A claims adjuster makes decisions based on what's likely to happen in court, after all.

When Do I Need to Report a Car Accident in Florida?

If you're a driver who was involved in a car accident in Florida, and the crash resulted in injury or death, and/or vehicle damage (or damage to any other property) in an apparent amount of at least $500, you must report the accident to the local police department, if the accident occurred within a municipality.

If the accident didn't occur within a municipality, you must report the accident to the office of the county sheriff or to the nearest office or station of the Florida Highway Patrol. These rules can be found at Florida Statutes section 316.065.

What Car Insurance Do I Need In Florida?

As we discussed above, Florida is a no-fault car insurance state, but that's not all vehicle owners need to know about insurance requirements, especially after a car accident. Get the details on Florida car insurance rules and requirements.

Make the Most of Your Claim
Get the compensation you deserve.
We've helped 215 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you