The Definitive Guide To Florida Car Accident Law 

Bill Allen | April 1, 2025 | Car Accidents

The Definitive Guide To Florida Car Accident Law

Car accidents can happen at any moment, leaving victims overwhelmed with medical bills, vehicle repairs, and lost wages. In Florida, these situations are governed by a complex set of rules and statutes. Understanding the state’s specific car accident laws can help you safeguard your rights, whether you’re dealing with an insurer or thinking about filing a lawsuit.

This guide will explain the basics of car accident law in the Sunshine State. By knowing your rights under the law, you can better protect your financial interests and well-being if an accident occurs.

Florida’s No-Fault Car Insurance System

One of the most distinctive parts of Florida car accident law is its no-fault insurance requirement. This system means that each driver’s own insurance covers some of their medical expenses and lost wages, regardless of who caused the crash. More specifically, every motorist in Florida must carry Personal Injury Protection (PIP) coverage. 

This PIP coverage usually pays:

  • 80% of reasonable medical expenses
  • 60% of lost wages

There are a few exceptions. PIP only covers a portion of your bills, up to the policy’s limit—often $10,000, though your policy might vary. Once you’ve used up your PIP funds, you might rely on health insurance, out-of-pocket payments, or a personal injury lawsuit against the responsible party for the rest.

However, you may step outside the no-fault system to file a lawsuit against the at-fault driver only if your injuries are severe or if another exception applies. You can potentially recover full economic and non-economic damages in this type of claim, so it is worth looking into whether you can take this step.

Establishing Liability

While Florida follows a no-fault model for minor to moderate accidents, liability remains critical in severe crashes, especially if you decide to sue the other driver. To hold someone accountable, you usually need to show that they were negligent. 

Negligence in a Florida car accident case typically has four elements:

  • Duty of Care: The defendant had a legal obligation to act responsibly, such as by following traffic laws.
  • Breach of Duty: They violated that obligation by driving carelessly—maybe by running a red light or speeding.
  • Causation: Their breach directly caused your injuries. This includes both “factual cause” (often called “but for” cause) and “proximate cause,” meaning it was reasonably foreseeable that their actions could cause the type of harm you suffered.
  • Damages: You must have actual harm—like medical expenses or lost wages—to claim compensation.

A trusted attorney can help you establish liability in your case.

Florida’s Comparative Negligence Rule

Florida follows a system known as modified comparative negligence. This rule means that if both you and the other driver share fault for the accident, your damages may be reduced by your percentage of blame. For example, let’s say you were 20% responsible for the crash because you were speeding, and the other driver was 80% at fault. 

You can still recover compensation in this scenario, but it may be reduced by 20%. However, under state law, if you are found to be 51% or more at fault, you will be barred from receiving monetary damages – at least in terms of a lawsuit against the responsible party. This law does not apply to claims against your PIP coverage.

The Statute of Limitations

If you decide to file a lawsuit in Florida, remember there’s a strict deadline. In general, you have two years from the date of the accident to start a personal injury lawsuit. Missing this window usually means losing your right to sue. Certain exceptions can apply, such as for minors or hidden injuries that took time to surface, but these are relatively uncommon.

Due to this ticking clock, it’s often best to consult a lawyer soon after your accident. Doing so can ensure that you preserve evidence, interview witnesses while their memories are fresh, and file the necessary documents on time.

Steps To Take After a Florida Car Accident

The moments right after a collision can feel overwhelming. 

However, taking certain actions can significantly impact any legal or insurance claim:

  • Call 911: Promptly contact law enforcement if anyone is hurt or there’s significant property damage. The responding officer will create a police report, which can help prove the accident details later. This step is required by law in many cases, but it’s a good idea regardless.
  • Exchange information: Get the other driver’s name, contact info, and insurance details. If there are witnesses, gather their names and phone numbers as well.
  • Document the scene: Use your phone to take pictures or videos of skid marks, vehicle damage, and visible injuries. These images can be invaluable later for establishing fault.
  • Avoid admitting fault: Even a simple “sorry” could be twisted into an admission of guilt. Let the investigation reveal who is truly responsible.
  • Seek medical attention: Visit a doctor, even if you feel fine initially. Some injuries take time to show symptoms, and immediate records can strengthen your case if you need to file a claim.
  • Notify your insurance company: Report the accident promptly to comply with policy requirements. However, be careful about giving extensive statements or signing documents until you’ve sought legal advice.

From here, contact an attorney. A Florida car accident lawyer can explain your options, handle negotiations with insurance adjusters, and represent you in court if needed.

A Car Accident Lawyer Can Guide You Through the Claims Process

Florida’s car accident laws can be confusing, particularly when dealing with the state’s no-fault rules, PIP coverage, and modified comparative negligence system. If you’ve suffered injuries in a crash, you don’t have to navigate these issues alone. A seasoned car accident lawyer can investigate your claim, gather the right evidence, and guide you through insurance negotiations—or a court battle if needed.

With an experienced Florida car accident attorney by your side, you’ll have someone who understands state laws and knows how to protect your interests from start to finish. If you’re hurt in a Florida car accident, reach out to a qualified lawyer for a consultation today.

Contact Our Florida Car Accident Law Firm at Allen Law Accident & Injury Lawyers in North Central Florida

If you need legal assistance, contact our Florida car accident lawyers at Allen Law Accident & Injury Lawyers at your nearest location to schedule a free consultation today, we’re open 24 hours daily.

We have three convenient locations in Marion County and Alachua County, North Central Florida:

Allen Law Accident & Injury Lawyers – Gainesville Office
2550 SW 76th St #150
Gainesville, FL 32608
(877) 255-3652

Allen Law Accident & Injury Lawyers – Downtown Gainesville
621 W University Ave
Gainesville, FL 32601
(866) 928-6292

Allen Law Accident & Injury Lawyers – Ocala Office
112 S Pine Ave
Ocala, FL 34471
(352) 351-3258