Car Accident Claims in Florida: What You Need to Know

Florida is a no-fault state with a 2-year statute of limitations (reduced from 4 years in 2023) and a pure comparative fault rule. The no-fault system means your own insurance pays first — but you can still sue the at-fault driver if your injuries meet the serious injury threshold.

Florida's No-Fault PIP System

Florida requires all drivers to carry Personal Injury Protection (PIP) of at least $10,000. After an accident, your own PIP coverage pays 80% of your medical bills and 60% of lost wages — regardless of who was at fault — up to the $10,000 limit.

Once your PIP is exhausted, you can pursue the at-fault driver's liability insurance for additional compensation — but only if your injuries meet Florida's serious injury threshold.

Florida's Serious Injury Threshold

To sue the at-fault driver in Florida, your injuries must qualify as "serious" under Florida Statute § 627.737. Qualifying injuries include:

Florida Pure Comparative Fault

Florida uses pure comparative fault, meaning you can recover damages even if you were 99% at fault — your payout is simply reduced by your percentage of fault. For example, if you were 40% at fault and your damages are $100,000, you receive $60,000. Note: Florida's 2023 tort reform (HB 837) changed this from pure to modified comparative fault for some cases — consult an attorney for your specific situation.