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Experienced personal finance writer
Background working with banks and insurance companies
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Licensed auto and home insurance agent
4+ years experience in insurance and personal finance editing
NPN: 20564519
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Licensed property and casualty insurance agent
10+ years editing experience
NPN: 20461358
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Updated
Florida is a no-fault car insurance state. After a crash, the insurance company of each driver involved pays for that driver’s injuries, regardless of fault. The at-fault driver’s insurance policy covers property damage, but one or both drivers may share responsibility for the accident.
Florida car insurance laws require drivers to carry $10,000 in personal injury protection (PIP) coverage for all registered cars. PIP coverage protects you and your passengers if you’re injured in a car accident. The minimum required PIP insurance covers 80% of your necessary medical expenses, lost wages, and other injury-related costs up to $10,000.[1]
Drivers in Florida also have the right to sue other parties involved in a crash for “pain and suffering” when accident-related injuries are severe.[2] But you must file most lawsuits within two years of the accident. Since Florida is a no-fault state, drivers don’t legally have to carry bodily injury liability insurance coverage.
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In an at-fault state, you file a claim with the at-fault driver’s insurance company, and that driver’s insurance pays for the other party’s medical expenses and property damage. In a no-fault state, each driver files an insurance claim with their own insurance company regardless of fault. No-fault insurance still assigns fault for accidents, just like in at-fault insurance states.[3]
In general, at-fault insurance states have few restrictions on lawsuits against the at-fault driver, while legal action is typically only allowed in no-fault states when personal injury or damage meets certain thresholds.
Only 12 states and Puerto Rico use no-fault systems: Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah. Here’s a look at the differences between at-fault and no-fault insurance systems.
Question  | At-Fault State | Florida: No-Fault State |
|---|---|---|
| Who pays first for injuries? | The insurance company of the driver who caused the accident | Your own insurer |
| Is PIP required? | No | Yes |
| Can you sue the other driver? | Yes, but limitations may apply depending on state laws | Yes, but injuries must meet certain thresholds to be eligible for a lawsuit |
In Florida, drivers typically file injury claims through their own PIP coverage, regardless of who caused the accident. PIP helps pay medical expenses after a crash. Property damage claims work differently, and the at-fault driver’s property damage liability (PDL) coverage generally pays for damage to the other driver’s vehicle or property.
Let’s say driver one runs a red light, hits driver two, and causes injuries to both drivers. After the accident, both drivers must file a claim with their own insurers to cover their medical bills and lost wages. But since running the red light is the primary cause of the car accident, driver one must pay for damages to driver two’s vehicle.
Though Florida is a no-fault state, fault still matters. The driver primarily responsible for the accident typically pays some portion of the other party’s property damage through their insurance. Severely injured parties can also sue for damages under Florida’s modified comparative negligence rule, if they aren’t more than 50% at fault for the crash.[4]
For example, if driver one was 75% at fault and driver two was 25% at fault, driver two can still sue and recover 75% of their damages. But driver one generally wouldn’t be able to recover damages because they were more than 50% responsible for the accident.
Accidents can stay on your record for several years in Florida and potentially increase your insurance premiums. This is more likely to happen to drivers who are the primary cause of a crash, but it can also affect drivers who share a smaller percentage of fault.
Florida requires all drivers to meet its minimum coverage requirements — 10/10 for PIP and PDL.
Coverage Type | Florida Minimum Requirement | What It Covers |
|---|---|---|
| Personal injury protection | $10,000 | Pays medical expenses for bodily injury after a crash, regardless of fault, plus lost income and death benefits related to the accident |
| Property damage liability | $10,000 | Pays for damage to another person’s property caused by you or someone else driving your car |
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Knowing what to do after a car accident in Florida can help you stay safe, comply with state law, and make the insurance claims process smoother.
Check for injuries and report the accident. Florida law requires you to report an accident when a crash causes injuries, deaths, or property damage worth more than $500.
Exchange information. Get the names, contact information, driver’s license numbers, vehicle information, and insurance details for all involved drivers. You may need this information when filing an insurance claim or crash report.
File a crash report. Depending on the severity of the accident, law enforcement or the driver must file a crash report with the Florida Department of Highway Safety and Motor Vehicles within 10 days after the accident investigation is completed.
Document the accident scene. Take photos and videos of vehicles, damage, road conditions, and any relevant traffic signs or signals. Collect witness contact information and note any contributing factors, such as weather or visibility conditions.
File a claim. Contact your insurance company as soon as possible to start the claims process. Keep in touch with your insurer and promptly respond to any requests for documentation.
Here’s a quick look at some commonly asked questions drivers need to know about no-fault car insurance in Florida.
Florida follows a no-fault insurance system. This means drivers need to file medical and injury-related loss claims with their own insurance companies after a crash, regardless of fault. But the at-fault driver’s insurance pays for property damage.
Florida drivers must carry a minimum of $10,000 in PIP insurance and $10,000 in PDL coverage. Florida doesn’t require bodily injury liability insurance since PIP covers medical bills.
Yes, Florida is a no-fault state. After an accident, drivers file claims with their own insurance companies for injuries regardless of fault. But property damage claims for accident victims are covered by the at-fault driver’s auto insurance policy.
In Florida, you can’t sue for property damage after an accident. But if you have a serious injury, you can file a personal injury lawsuit for damages as long as you aren’t more than 50% at fault for the auto accident. A personal injury lawyer can help you understand your rights under Florida’s no-fault law.
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Experienced personal finance writer
Background working with banks and insurance companies
Featured in
Licensed auto and home insurance agent
4+ years experience in insurance and personal finance editing
NPN: 20564519
Featured in
Licensed property and casualty insurance agent
10+ years editing experience
NPN: 20461358
Featured in
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