Car accident injury claims in Florida

Florida at a glance

Fault rule

Modified comparative — 51% bar

You can recover only if you were 50% or less at fault; your award is reduced by your share.

No-fault state?

Yes

Your own PIP coverage pays for injuries first, regardless of who caused the crash.

PIP / no-fault coverage

$10K PIP (80% reasonable medical / 60% disability / 100% replacement services); $5,000 death benefit; 14-day rule — care within 14 days or PIP caps at $2,500 absent Emergency Medical Condition determination

Threshold to step outside no-fault

Applies

Verbal/permanency threshold under § 627.737 (PIP no-fault tort limitation; serious injury required to step outside no-fault for non-economic damages)

Minimum liability coverage

$10K PD + $10K PIP (NO mandatory Bodily Injury liability — FL is a 'PD-only + PIP' state, not a '10/20 BI' state). Optional $30K combined-single-limit BI+PD alternative under § 324.022(1). BI required only post-DUI / post-financial-responsibility and for taxis/limos/commercial. (HB 1181/SB 1256 $25K/$50K BI + PIP repeal FAILED 2025.)

Time limit for an injury claim

2 years

Generally measured from the date of the accident.

How fault works in Florida

Effective 3/24/2023, FL switched from pure comparative to MODIFIED comparative with a 'GREATER THAN 50%' bar (§ 768.81(6)): 'any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages.' A plaintiff at EXACTLY 50% still recovers (proportionally reduced); at 50.1% recovery is zero. This is distinct from many states' '51% bar.' Medical negligence retains pure comparative under Ch. 766. Retroactivity: applies to causes accruing after 3/24/2023.

Paying for injuries in Florida

FL is a no-fault state. Mandatory $10K PIP: 80% reasonable medical / 60% disability / 100% replacement services, plus a $5,000 death benefit. The 14-DAY RULE is critical: initial care must be sought within 14 days or PIP caps at $2,500 (no Emergency Medical Condition determination). PIP repeal FAILED in 2024 (SB 464/HB 653), 2025 (HB 1181/SB 1256), and 2026 (SB 522/HB 769, died 3/13/2026) — the PIP framework remains in effect through at least the 2027 session, with annual re-filing expected.

Florida injury claims — common questions

Is Florida a no-fault state?

Yes. Florida is a no-fault state, which means your own Personal Injury Protection (PIP) coverage pays for your medical bills and certain losses first, regardless of who caused the crash. You can step outside the no-fault system to pursue the at-fault driver only if your injuries meet a legal threshold.

What is Florida's fault rule for a car accident?

Florida follows modified comparative — 51% bar. You can recover only if you were 50% or less at fault; your award is reduced by your share.

How long do I have to file an injury claim in Florida?

In Florida the statute of limitations for a personal-injury claim is generally 2 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.