Florida Car Accident Laws: HB 837, Tort Reform, and the PIP System That Survived (2026)

FLORIDA AT A GLANCE:
– Insurance system: No-fault (PIP still required)
– Mandatory coverage: $10,000 PIP + $10,000 PDL
– Bodily injury liability: NOT mandatory for most drivers
– Comparative fault: Modified 51% bar (changed from pure comparative by HB 837)
– Statute of limitations: 2 years PI (cut from 4 by HB 837) / 4 years PD
– Accident reporting: $500+ damage or any injury, within 10 days
– Key deadline: 14 days to seek PIP medical treatment

No state overhauled its car accident laws more dramatically than Florida did in 2023. Governor DeSantis signed HB 837 on March 24, 2023, transforming how fault is assigned, how long you have to sue, and how bad faith claims work.

But here is the part that catches people off guard: Florida is still a no-fault state. PIP insurance is still mandatory. Multiple bills attempted to repeal PIP — the most recent, HB 1181 in 2025, was vetoed by the governor. The no-fault system remains intact.

This creates a legal environment unlike any other state: a no-fault insurance framework layered on top of a newly restrictive tort system. If you have been in a car accident in Florida, This guide explains both.

What HB 837 Actually Changed — And What It Did Not

HB 837 is the most consequential tort reform bill any state passed in the last decade. But widespread misreporting has created confusion about what it actually did. Here is the breakdown:

What HB 837 Changed

Area	Before HB 837 (Pre-March 2023)	After HB 837 (Current Law)
Comparative fault	Pure — recover at any fault %	Modified 51% bar — barred at 51%+ fault
PI statute of limitations	4 years	2 years
Bad faith claims	Could file before final coverage determination	Must get coverage determination first
Contingency fee multiplier	Available in most cases	Restricted to rare circumstances
Medical damages evidence	Billed amounts admissible	Paid/negotiated amounts may be used

These changes apply to accidents occurring on or after March 24, 2023. If your accident predates HB 837, the prior rules — pure comparative negligence, 4-year SOL — may still apply.

What HB 837 Did Not Change

PIP requirement — still mandatory ($10,000)
No-fault insurance framework — still in effect
Property damage SOL — still 4 years
PDL minimum — still $10,000
BI liability — still not mandatory for most drivers
The 14-day PIP treatment deadline — still in effect

The PIP repeal effort has a long history of failure in Florida. SB 54 in 2021, HB 1181 in 2025 — each died or was vetoed. The insurance industry and medical provider lobbies have kept PIP alive despite repeated legislative attempts to eliminate it.

Florida’s Hybrid System: No-Fault PIP Meets Fault-Based Tort Claims

Florida operates a system that does not fit neatly into the “fault vs. no-fault” categories that work for other states. Here is how the two layers interact:

Layer 1: No-Fault PIP (Automatic, Up to $10,000)

After any car accident in Florida, your own PIP insurance covers your initial medical expenses and lost wages — regardless of who caused the accident. Under Fla. Stat. Section 627.736:

80% of medical expenses up to the $10,000 limit
60% of lost wages up to the $10,000 limit
Applies regardless of fault
Requires treatment within 14 days of the accident (more on this below)

Layer 2: Fault-Based Liability Claims (For Damages Beyond PIP)

If your damages exceed the $10,000 PIP cap — and they almost certainly will in any serious accident — you need to pursue a fault-based claim against the at-fault driver. This is where HB 837’s changes hit hardest:

You must prove the other driver was at fault
Your recovery is reduced by your own fault percentage
If you are 51% or more at fault, you recover nothing beyond PIP
You have only 2 years to file suit

How This Plays Out

Consider a Florida driver with $85,000 in medical bills after a serious accident:

PIP pays first: $8,000 (80% of the first $10,000 in medical expenses)
Remaining $77,000: Must be recovered through a fault-based claim against the at-fault driver
If the driver is found 30% at fault: Recovery on the fault claim is reduced by 30%
If the driver is found 51% at fault: The fault-based claim is barred entirely — PIP’s $8,000 is all they get

This hybrid structure means PIP acts as a floor, not a ceiling. And that floor is dangerously low.

The 14-Day PIP Treatment Deadline

This is the deadline that costs more Florida accident victims their benefits than any other rule. Under Fla. Stat. Section 627.736(1)(a), you must seek medical treatment within 14 calendar days of the accident to qualify for PIP benefits.

What Counts as Qualifying Treatment

Treatment must be from a qualified provider: a physician (MD/DO), dentist, hospital, or — in limited cases — an advanced practice nurse or physician assistant. Chiropractor and physical therapy visits alone may not satisfy the initial visit requirement depending on the diagnosis.

Why This Deadline Matters So Much

Soft tissue injuries often do not produce immediate symptoms. Whiplash, herniated discs, and concussion symptoms commonly appear 3-7 days after the accident.
If you miss the 14-day window, your PIP insurer can deny all coverage — even if you have clear, documented injuries.
There is no extension. Courts have consistently upheld the 14-day requirement as a hard deadline.

The Emergency Medical Condition Distinction

PIP benefits are tiered based on initial diagnosis:

Diagnosis Type	PIP Benefit Cap
Emergency medical condition (EMC)	$10,000
Non-emergency condition	$2,500

If the initial treating provider determines your injury is not an “emergency medical condition” as defined by Fla. Stat. Section 627.732(16), your PIP benefits are capped at $2,500 — not $10,000. The distinction hinges on whether the condition could reasonably be expected to result in serious jeopardy to patient health, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part.

The 51% Fault Bar: Florida’s New Reality

Before HB 837, Florida was one of the most plaintiff-friendly states in the country. Under pure comparative negligence, a driver who was 90% at fault could still recover 10% of their damages.

That system is gone. Under amended Fla. Stat. Section 768.81, Florida now bars recovery entirely if the claimant’s fault reaches 51% or more.

What This Means at the Margins

Your Fault %	$200,000 in Damages	Recovery
0%	$200,000	$200,000
25%	$200,000	$150,000
50%	$200,000	$100,000
51%	$200,000	$0

The gap between 50% and 51% fault in Florida is now the difference between $100,000 and nothing. Insurance adjusters are well aware of this threshold, and disputed-fault cases in Florida have become significantly more contentious since HB 837 took effect.

Comparative Fault in Multi-Vehicle Accidents

In accidents involving more than two vehicles, Florida apportions fault among all parties. Under the modified system, your total fault across all defendants still cannot reach 51% for you to recover. This makes multi-vehicle pileups — common on I-95, I-4, and Florida’s Turnpike — legally complicated in ways they were not before 2023.

The 2-Year Statute of Limitations: Cut in Half

HB 837 reduced the personal injury statute of limitations from 4 years to 2 years (Fla. Stat. Section 95.11). This is one of the most practically significant changes in the bill.

Current Florida Deadlines

Claim Type	Deadline	Statute
Personal injury	2 years from accident	Fla. Stat. Section 95.11(4)
Property damage	4 years from accident	Fla. Stat. Section 95.11(3)
Wrongful death	2 years from date of death	Fla. Stat. Section 95.11(4)

Why This Matters More Than It Appears

Two years sounds like plenty of time, but consider the reality of serious accident cases:

Medical treatment for significant injuries often takes 12-18 months before maximum medical improvement is reached
Insurance negotiations can consume months
Building a case — gathering records, depositions, expert opinions — takes time
Under the old 4-year deadline, injured parties had breathing room. Under the current 2-year deadline, delays that were once manageable can now be fatal to a claim.

Transition Period Cases

If your accident occurred before March 24, 2023, the old 4-year statute of limitations generally still applies. However, this window is closing. By March 2027, all pre-HB 837 personal injury claims will be time-barred regardless.

Why Bodily Injury Coverage Matters When the Law Does Not Require It

Here is one of Florida’s strangest legal realities: bodily injury liability coverage is not mandatory for most drivers. Florida only requires $10,000 PIP and $10,000 property damage liability (PDL). That is it.

This means the driver who hits you may carry zero bodily injury coverage. If your injuries exceed your own $10,000 PIP — and serious injuries always do — and the at-fault driver has no BI coverage, you are left pursuing the driver’s personal assets or relying on your own uninsured motorist (UM) coverage.

What Florida Actually Mandates

Coverage	Required?	Minimum
PIP (Personal Injury Protection)	Yes	$10,000
PDL (Property Damage Liability)	Yes	$10,000
Bodily Injury Liability (BI)	No (with exceptions)	N/A
Uninsured Motorist (UM/UIM)	No	N/A
MedPay	No	N/A

Exception: Drivers who have been convicted of DUI or had their license suspended for certain offenses may be required to carry BI coverage (Fla. Stat. Section 324.023).

The Practical Gap

According to the Insurance Research Council, roughly 26.7% of Florida drivers are estimated to be uninsured or underinsured — one of the highest rates in the nation. Combined with the lack of a BI mandate, this creates a significant coverage gap. Carrying your own UM/UIM coverage is one of the most important financial decisions a Florida driver can make, even though the law does not require it.

Reporting an Accident in Florida

When a Report Is Required

Under Fla. Stat. Section 316.066, you must report an accident if:

Anyone is injured or killed
Property damage appears to exceed $500

Florida’s $500 threshold is lower than most states, meaning even minor fender-benders often trigger reporting obligations.

How Reporting Works

At the scene: Call 911 if there are injuries. Florida’s Move It law (Fla. Stat. Section 316.0715) requires drivers to move vehicles out of traffic lanes when the accident involves no injuries and vehicles are drivable.
Long-form crash report: For injury accidents, law enforcement files this report. It becomes available through the FLHSMV within days.
Self-report (short form): If law enforcement does not respond to the scene, drivers may file a self-report with FLHSMV.
Deadline: Reports should be filed within 10 days of the accident.

The Crash Report and Your Claim

The officer’s crash report is not a binding determination of fault — but insurance companies and courts treat it as significant evidence. If the report assigns you fault that you disagree with, document your objection and gather supporting evidence early. Under the 51% bar, the fault determination in this report can shape the entire trajectory of your claim.

Frequently Asked Questions

Is Florida still a no-fault state in 2026?

Yes. Despite widespread confusion, Florida remains a no-fault state. PIP ($10,000) is still mandatory. HB 837 (2023) changed the comparative fault and statute of limitations rules but did not touch the no-fault/PIP system. The most recent attempt to repeal PIP — HB 1181 in 2025 — was vetoed by Governor DeSantis.

What happens if I miss the 14-day PIP treatment deadline?

Your PIP insurer can deny all benefits. The 14-day rule under Fla. Stat. Section 627.736(1)(a) is a hard deadline with no extensions. If you were in an accident in Florida, seeking medical evaluation promptly — even if symptoms seem minor — protects your PIP eligibility.

Can I still sue the at-fault driver if PIP covers my medical bills?

Yes. PIP covers up to $10,000 (or $2,500 for non-emergency conditions) regardless of fault. If your damages exceed that amount, you pursue the remaining balance through a fault-based claim against the at-fault driver. There is no “serious injury” threshold in Florida like there is in New York — you can file a liability claim for any amount beyond PIP.

What if the at-fault driver has no bodily injury insurance?

Because Florida does not require BI coverage, this happens frequently. Your options include filing a claim under your own uninsured motorist (UM) coverage, pursuing the driver’s personal assets, or using MedPay if you carry it. This is why UM coverage is considered essential in Florida despite being optional.

Does HB 837 apply to accidents that happened before March 24, 2023?

Generally, no. The prior rules — pure comparative negligence and 4-year statute of limitations — typically apply to pre-HB 837 accidents. However, by March 2027, all pre-HB 837 personal injury claims will be time-barred under the old 4-year deadline.

How does Florida’s fault bar compare to other states?

Florida’s 51% bar means you cannot recover if you are 51% or more at fault. Georgia’s bar is stricter at 50%. Texas and Ohio also use 51%. California uses pure comparative (recover at any fault level). North Carolina uses contributory negligence (barred at even 1% fault).

I was a tourist in a rental car. How does PIP apply?

If you are an out-of-state driver injured in Florida, Florida’s PIP law may not apply to you — your own state’s insurance rules generally follow you. However, rental car coverage and your personal auto policy terms matter. Florida residents are covered by their own PIP policies even in rental vehicles.

Florida Car Accident Resources

Car Accident Laws in Other States

*Have questions about your Florida accident claim? Get a free case evaluation from a local attorney who handles cases under the current HB 837 framework.*

Common Mistakes Florida Drivers Make After a Car Accident

After a car accident in Florida, the actions taken (or not taken) can significantly impact a driver’s ability to seek compensation or manage their insurance claims. Understanding Florida’s specific laws and deadlines is key to avoid common pitfalls.

Failing to report the accident promptly — Florida law generally requires drivers to report accidents involving at least 0 in property damage or any injury within 10 days. Failing to file a crash report can complicate insurance claims and may lead to penalties.
Delaying medical treatment — As a no-fault state, Florida’s Personal Injury Protection (PIP) insurance typically requires individuals to seek initial medical care within 14 days of the accident to qualify for PIP benefits. Missing this crucial deadline can result in a denial of coverage for medical expenses.
Admitting fault at the scene — Under Florida’s 51% bar modified comparative fault rule, a driver’s percentage of fault directly reduces the amount of compensation they can recover. Admitting fault, even partially, can be used against them and may significantly diminish a potential claim.
Not understanding PIP coverage limits — Florida mandates PIP insurance with a ,000 limit for medical expenses and lost wages, regardless of who caused the accident. Many drivers mistakenly believe their PIP covers all damages, potentially overlooking the need to pursue a claim against an at-fault driver for damages beyond PIP limits, especially for severe injuries.
Missing the statute of limitations for personal injury — For personal injury claims arising from a car accident, Florida has a 2-year statute of limitations. Failing to file a lawsuit within this timeframe typically means losing the legal right to pursue compensation for injuries.
Overlooking the absence of mandatory Bodily Injury Liability (BIL) coverage — While PIP and Property Damage Liability (PDL) are mandatory in Florida, Bodily Injury Liability is not for most drivers. Relying solely on the other driver’s potential BIL coverage can be risky, as they might not carry it, potentially leaving an injured party with limited options for recovery beyond their own PIP.

Frequently Asked Questions about Legal Reference in Florida

How does Florida’s no-fault system affect my car accident claim?

Florida is a no-fault state, meaning your own Personal Injury Protection (PIP) insurance typically covers your initial medical expenses and lost wages up to ,000, regardless of who caused the accident. This system aims to streamline minor injury claims. However, if your injuries meet a certain threshold of severity, Florida law generally permits you to step outside the no-fault system and pursue a claim against the at-fault driver for non-economic damages like pain and suffering.

What is Florida’s 51% modified comparative fault rule?

Florida’s 51% bar modified comparative fault rule means that if you are found partially responsible for an accident, your total compensation will be reduced by your percentage of fault. For example, if you are 20% at fault, your damages would be reduced by 20%. Crucially, if you are found to be 51% or more at fault, you are generally barred from recovering any damages from the other party.

What is the deadline for filing a personal injury lawsuit after a car accident in Florida?

For most personal injury claims stemming from a car accident in Florida, the statute of limitations is 2 years from the date of the accident. This means a lawsuit seeking compensation for injuries must typically be filed within this 2-year period. Failing to meet this deadline can result in the loss of your right to pursue legal action for those injuries.

When am I required to report a car accident to the authorities in Florida?

In Florida, you are generally required to report a car accident to the police or Highway Patrol if it involves injuries, death, or property damage estimated to be 0 or more. This report should typically be filed within 10 days of the accident. Filing a timely report is often important for insurance claims and to document the incident officially.

When Professional Help Tends to Make Sense

Most minor accidents in Florida are resolved between the drivers and their insurance companies without ever involving an attorney. Many accident victims, however, consider consulting an attorney when one or more of the following applies to their situation:

A fatality occurred, or a wrongful-death claim may be involved
Medical bills are already in the tens of thousands of dollars, or still growing
There is a permanent injury, visible scar, or any sign of traumatic brain injury (TBI)
The insurance company’s first settlement offer feels far below your actual costs
The insurance company is arguing that your injuries are pre-existing, or trying to shift primary fault onto you despite the evidence
Multiple vehicles or multiple parties are involved and liability is unclear
Fault is disputed — especially relevant given Florida’s 51% bar modified comparative fault rule (a plaintiff more than 50% at fault recovers nothing)
The Florida statute of limitations for personal injury (2 years from the accident) is within six months
A government vehicle, commercial truck, or rideshare driver is involved
The other driver was uninsured, underinsured, or fled the scene (hit-and-run)
Your injuries exceed Florida’s no-fault / PIP threshold and you want to step outside the no-fault system

If none of these apply to your situation, you may be able to settle directly with the insurance company. The other guides on this site walk through that process step by step.

Reviewed by TurnYourClaim Editorial Team — Last verified: 2026-03-05

Sources: FL HB 837 (2023 Session) — Tort Reform (comparative fault + SOL changes); Fla. Stat. § 768.81 (Comparative Fault – as amended by HB 837); Fla. Stat. § 627.736 (PIP Requirements); FLHSMV Insurance Requirements (flhsmv.gov/insurance/); FLHSMV Traffic Crash Statistics

DISCLAIMER: This website is not a law firm and does not provide legal advice. This page provides general educational information only. Laws vary by state and change frequently. Always consult a licensed attorney in your state for advice specific to your situation. Last updated: May 2026.