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Under Florida law, you may be liable if someone driving your car causes an accident.
Your liability depends on whether you gave the driver permission to drive your vehicle and who is at fault.
Florida is a no-fault state, so you need to file a claim with your insurer after an accident, regardless of who caused it.
If someone else crashes your car in Florida, you may be responsible for the damage. Car insurance follows the vehicle, not the driver.
In Florida, you need to have personal injury protection (PIP) to register a vehicle. PIP helps pay for you and your passengers’ injuries if you’re in a car accident, no matter who’s at fault.[1]
Florida also requires drivers to have property damage liability (PDL) insurance. PDL helps cover damage that you or someone driving your vehicle causes to another person’s property.
What happens if someone else crashes your car depends on whether you gave them permission to drive it.
Permissive use: Permissive use means allowing a driver not listed on your policy to drive your vehicle. If they cause an accident, you could be financially responsible for damages.[2]
Non-permissive: Non-permissive use is when someone drives your car without your permission. In this case, you may not be liable because you didn’t authorize the other person to drive your car.
The table below shows who’s at fault and who must pay for the damage, based on driver permission under Florida law.
Permission  | Fault | Who Pays in FL? |
|---|---|---|
| Driver had permission | Driver caused the crash | Vehicle owner, then at-fault driver |
| Driver had permission | Driver didn’t cause the crash | At-fault driver |
| Driver didn’t have permission | Driver caused the crash | At-fault driver |
| Driver didn’t have permission | Driver didn’t cause the crash | At-fault driver |
Compare the best rates in the state, with liability rates starting at $80 per month
Who pays for damages after someone else crashes your car in Florida depends on whether they had permission to drive your vehicle. Florida is a no-fault state, so your car insurance applies first, regardless of who caused the accident.[3]
Car insurance requirements in Florida include $10,000 of PIP and $10,000 of PDL. But these minimums might not be enough to cover a serious accident.
If the person driving your car causes damage to another person’s property, your PDL coverage is usually the first source of payment. But your PDL insurance doesn’t cover damage to your vehicle or property.
If you want financial protection for your vehicle, you need collision insurance. Collision insurance helps pay to repair or replace your vehicle, regardless of who’s at fault.
The following table shows the required coverage types and minimum limits in Florida.
Coverage Type | Minimum Required Limit | What It Covers |
|---|---|---|
| Personal injury protection | $10,000 | Medical and non-medical expenses for you and your passengers after a crash |
| Property damage liability | $10,000 | Damage you cause to another person’s vehicle or property |
Auto insurance in Florida typically follows the vehicle. The vehicle owner’s insurance policy is usually the primary coverage. If someone else is driving your car, their insurance may act as secondary coverage if you exceed your policy limits.
Car insurance policies can define covered drivers differently, so check your policy or contact your insurer to find out who’s covered.
Car insurance that follows the vehicle includes PDL, collision, and comprehensive coverage. PIP, medical payments (MedPay), and uninsured/underinsured motorist (UM/UIM) coverage are tied to the driver.[4]
Coverage | What It May Pay for | When It May Apply |
|---|---|---|
| Property damage liability | Damage you cause to another person’s vehicle or property | When you or a permissive driver causes an accident that damages another person’s property |
| Collision | Repair or replacement of your vehicle after a collision with another vehicle or object | When your vehicle is damaged in a crash, regardless of fault |
| Comprehensive | Repair or replacement of your vehicle due to a non-collision event, including theft, vandalism, and severe weather | When a covered non-collision event damages your vehicle |
| Personal injury protection | Your medical and non-medical expenses after a crash, regardless of fault | Applies to the named driver and others listed on the policy |
| Medical payments | Medical and funeral expenses due to an accident that PIP doesn’t cover | Applies to named drivers on the policy |
| Uninsured/underinsured motorist | Bodily injury damages caused by a driver with insufficient or no coverage | Applies when an at-fault driver lacks enough liability coverage to compensate the people injured |
Permissive use is when you allow someone not listed on your policy to use your vehicle. It applies whether you’ve given express or implied permission to drive your car.
Express permission: Express permission is when you give verbal or written permission. For example, you allow your roommate to borrow your car when they ask.
Implied permission: Rather than with verbal or written consent, policyholders give implied permission based on past behavior. For example, your sibling would have implied permission if they borrow your car without asking because you’ve let them borrow it in the past.
Some policies don’t allow permissive use, while others offer limited permissive use coverage or require higher deductibles if you make a permissive use claim.
Non-permissive use is when someone uses your car without your permission. Whether you’re liable depends on your insurer and the situation.
For example, if your friend takes your car without your permission and causes an accident, their insurance would be the primary coverage. But if they don’t have insurance, you’d likely need to file a claim with your insurer.
If your friend borrowed your vehicle in the past or had access to your keys, it might be difficult to prove that you didn’t give them permission. An insurer may consider this implied permission.
If someone steals your car and causes an accident, you likely won’t be liable for damages, but you might have to file a claim with your insurer to cover repairs to your car.
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Your insurer can deny a claim if someone else crashes your car, even if you gave them permission to drive it. Here are a few examples of when your insurance company might deny your claim or limit coverage:
Your policy doesn’t cover permissive use. Some policies don’t allow permissive use.
The driver didn’t have a valid license. If you lend your car to someone without a license and they get in an accident, your insurer may deny coverage.
The driver used your car for commercial purposes. If your friend borrows your car to make a business delivery and gets in a crash, your insurance likely won’t cover it.
Your policy names excluded drivers. If you allow someone to drive your car who your policy names as an “excluded driver,” your insurer probably won’t cover it.[5]
In these scenarios, the person responsible for damages depends on who was at fault and whether your or the driver’s policy covers anything. If your insurer denies the claim, you may have to pay any damages out of pocket.
In some situations, you may be personally liable if someone causes an accident while driving your car in Florida. According to Florida Statute 324.021, you can be liable for up to:
$100,000 per person for bodily injury
$300,000 per accident for bodily injury
$50,000 for property damage
These limits don’t apply in all situations. For example, if you allow an intoxicated friend or someone without a license to drive your car, you could be liable for damages beyond these limits. Florida considers this “negligent entrustment,” which makes the vehicle owner responsible if you let someone drive your vehicle when it’s unsafe or the driver is unfit to drive.[6]
In Florida, whether your insurance goes up after someone else crashes your car depends on who’s at fault.
When you lend your car to someone, your insurance acts as the primary coverage. Because Florida is a no-fault state, you’ll likely need to file a claim regardless of who caused the accident. While the person driving your car might get a ticket or moving violation, you may still have a claim on your policy record. Filing a claim typically increases your insurance rates.
Drivers with a clean record in Florida pay average rates of $139 per month for liability insurance and $236 for a full-coverage policy. With an accident on your record, the average liability rate increases to $177 per month. Full coverage goes up to $300 per month.
If someone else crashes your car in Florida, follow these steps:
Make sure everyone is safe. First, check if anyone requires immediate medical attention.
Contact the police. Have the driver contact local Florida law enforcement if someone is injured or if property damage exceeds $500. Keep your police report number for when you file your insurance claim.[7]
Provide your proof of insurance. Have the person driving your car give the police your insurance information. If they can’t, you have 24 hours to prove you had insurance at the time of the accident.
Request the other driver’s insurance. Ask the person driving your car to get the other driver’s insurance information.
Document the accident. Take photos of any damage to the vehicles and the accident scene. It’s also a good idea to document who was driving your car at the time of the accident and if they had your permission.
Notify your insurance company. Contact your insurance company to report the accident.
To protect yourself and your vehicle, lend your car only to licensed, responsible drivers. You also need to make sure you understand your car insurance policy.
If you lease or finance your vehicle, your lender likely requires you to have a full-coverage policy. Full coverage usually includes collision and comprehensive coverage. Full coverage can help pay to repair or replace your vehicle, even if someone driving your car causes an accident.
Here are some other ways to protect yourself before allowing someone to drive your car in Florida:
Confirm your insurance coverage. Make sure the person you lend your car to has adequate auto insurance coverage.
Review your policy’s exclusions. Check your policy to ensure it covers permissive use and doesn’t list the driver as an excluded driver.
Review your policy limits. You should know how much and what types of car insurance coverage you have. PDL, collision, and comprehensive coverage follow the car. PIP, MedPay, and UM/UIM are tied to the driver.
Avoid lending your car regularly. To reduce the risk of another driver getting into an accident while driving your car, limit how often you lend it out.
Get the coverage you need in Florida at the right price
If someone crashes your car, you may want to consult a Florida car accident lawyer. Some situations where you may want to contact an attorney include:
The driver injured or killed someone.
There’s a dispute over permission.
You’re accused of negligent entrustment.
There’s a dispute over who’s at fault.
Damages exceed your insurance limits.
The purpose of this article is only to provide general advice and doesn’t replace legal advice from a law firm. If you have questions about insurance laws, contact a car accident attorney for more information.
Allowing someone else to borrow your car might seem like a small thing. But if they get in an accident, insurance coverage can get complicated. Below, we answer some common questions about what happens when someone else is driving your car and gets into an accident in Florida.
Yes. If a named driver causes an accident while driving your car, you’ll typically need to file a claim. That’s because most insurance in Florida follows the vehicle, not the driver. If you file a claim, it’s likely to affect your no-claims status and can potentially increase your premiums.
Florida requires drivers found at fault for three crashes within three years to complete an approved driver improvement course, four hours of driving school, and pass a road test. The state can cancel your license for failing to meet these requirements.
Yes. In many cases, someone not listed on your insurance can drive your car with your permission. Insurers refer to this as permissive use. Make sure your specific policy allows for permissive use. If your policy excludes certain drivers, they can’t drive your vehicle.
If your friend is driving your car in Florida and the police pull them over, any tickets would go on their record. The person driving is responsible for any moving violations, not the car owner.
)
7+ years in personal finance writing
Certified Financial Education Instructor
Licensed property and casualty insurance agent
10+ years editing experience
NPN: 21630969
Licensed property and casualty insurance agent
10+ years editing experience
NPN: 20461358
Featured in
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