How to File a Car Insurance Claim in Florida: Complete Guide (2026)

# How to File a Car Insurance Claim in Florida

> **KEY TAKEAWAYS:**
> – Florida is now a **fault state** — PIP remains in effect in 2023 under HB 837
> – You pursue the **at-fault driver’s insurance**, not your own PIP
> – New minimum coverage: **PIP $10,000 + PDL $10,000** bodily injury liability
> – Modified **51% comparative fault** — at 51%+ fault, you recover nothing
> – Statute of limitations: **2 years PI** (reduced from 4), **4 years PD**

**Critical:** Florida’s insurance system changed dramatically in 2023. If you are following advice from before 2023, it may be outdated. This guide reflects current law.

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## What Changed Under HB 837 (2023)

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## How to File: Step by Step

### Step 1 — Report the Accident

If property damage exceeds **$500** or anyone is injured:
– Call 911 at the scene
– Self-report to **FLHSMV** within **10 days** if police did not respond

Florida’s $500 reporting threshold is lower than most states.

### Step 2 — Contact Your Insurance Company

Even though Florida is a no-fault state with mandatory PIP, notify your own insurer promptly. They need to know about the accident, and your own coverage (collision, UM/UIM) may be relevant.

### Step 3 — File a Claim Against the At-Fault Driver’s Insurance

Under the current no-fault system (with HB 837 tort reforms), the at-fault driver’s **bodily injury liability** coverage pays for your injuries and damages.

**To file a third-party claim:**
1. Contact the at-fault driver’s insurance company
2. Provide the accident details: date, time, location, police report number
3. Describe your damages and injuries
4. Submit supporting documentation

### Step 4 — Work with the Adjuster

The at-fault driver’s adjuster will:
– Review the police report
– Investigate liability
– Assess your damages
– Make a settlement offer

**Remember:** This adjuster works for the other driver’s company, not for you.

### Step 5 — Document Your Damages

Gather and organize:
– **Medical bills and records** — more critical than ever with PIP covering only $10,000
– **Repair estimates** for your vehicle
– **Rental car receipts**
– **Lost wage documentation** from your employer
– **Photos** of damage and injuries
– **Out-of-pocket expenses** related to the accident

### Step 6 — Review, Negotiate, or Dispute

– Review the settlement offer against your total damages
– Negotiate with additional evidence if the offer is low
– File a complaint with the **Florida Department of Financial Services** if needed
– Consider consulting a local attorney for injuries or disputed fault

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## Filing with Your Own Insurance

Even under the current no-fault system (with HB 837 tort reforms), you may file with your own insurer for:

– **Collision coverage** — covers your vehicle damage regardless of fault (minus deductible)
– **UM/UIM coverage** — protects you if the at-fault driver is uninsured or underinsured
– **MedPay** (if you have it) — covers medical expenses regardless of fault

**Why UM/UIM is now critical in Florida:** Because PIP only covers $10,000 as a safety net, UM/UIM coverage is your primary protection against uninsured drivers. Florida has historically had one of the highest uninsured driver rates in the country.

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## Florida-Specific Requirements

### Minimum Insurance (Post-HB 837)

| Coverage | Minimum |
|———-|———|
| Bodily Injury per Person | $25,000 |
| Bodily Injury per Accident | $50,000 |
| Property Damage | $10,000 |
| PIP | **Still required ($10,000)** |

### Key Deadlines

### The 51% Comparative Fault Bar

Under Florida’s new modified comparative fault rule (Fla. Stat. § 768.81, as amended):
– At **50% or less** fault: you recover damages reduced by your fault percentage
– At **51% or more** fault: you recover **nothing**

**Example — Recovery allowed:**
– Total damages: $100,000
– Your fault: 30%
– Recovery: $70,000

**Example — Recovery barred:**
– Total damages: $100,000
– Your fault: 51%
– Recovery: **$0**

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## Common Issues Under the New System

### “My PIP should cover this”
PIP ($10,000) is required in Florida. If you still have a PIP policy from before the transition, check with your insurer about its current status.

### “The at-fault driver has no insurance”
Because PIP only covers $10,000, uninsured drivers are a bigger problem than ever. Your options:
1. File under your **UM/UIM coverage** (if you have it)
2. File under your **collision coverage** for vehicle damage
3. Use your **health insurance** for medical bills
4. Sue the uninsured driver directly

### “The other insurer is denying the claim”
If the at-fault driver’s insurer disputes liability:
1. Provide additional evidence (police report, witness statements, photos)
2. Request a written denial with specific reasons
3. File a complaint with Florida’s Department of Financial Services
4. Consider legal consultation

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## Common Reasons Claims Are Denied

– **Disputed liability** — the insurer argues their driver was not at fault
– **Comparative fault exceeds 51%** — the insurer assigns you majority fault
– **Late reporting** — failure to meet deadlines
– **Insufficient documentation** — especially medical records with PIP covering only $10,000
– **Policy limits exceeded** — damages exceed the at-fault driver’s coverage
– **Policy lapsed** on either side

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## Tips for Filing in Post-PIP Florida

1. **Get UM/UIM coverage** — this is now your most important optional coverage
2. **Document medical treatment from day one** — with PIP covering only $10,000, you need strong records to support your injury claim
3. **Do not delay** — the 2-year PI statute of limitations is shorter than the old 4 years
4. **Be careful about fault** — the 51% bar means any statement suggesting majority fault can eliminate your claim
5. **Keep all receipts** — medical, repair, rental, lost wages
6. **Understand the new system** — many Florida drivers and even some providers still reference the old PIP system

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## Frequently Asked Questions

### Does Florida still have PIP?
**No.** PIP remains in effect in 2023 under HB 837. Florida now requires PIP and property damage liability coverage instead.

### How long does a Florida insurance claim take?
Florida law requires insurers to acknowledge claims within 14 days and pay or deny within 90 days after proof of loss. Disputed claims involving injuries may take longer.

### Can I still file with my own insurance?
Yes, for collision damage, UM/UIM claims, and MedPay (if you have these coverages). But for bodily injury claims, you now pursue the at-fault driver’s insurance.

### What if I was partly at fault?
Under the 51% bar, if you are assigned 51% or more fault, you recover nothing. At 50% or less, your recovery is reduced by your fault percentage.

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## Related Guides

– [What to Do After a Car Accident in Florida](/florida/car-accident-guide/)
– [Do You Need a Lawyer After a Car Accident in Florida?](/florida/do-i-need-a-lawyer/)
– [Florida Car Accident Laws](/florida/car-accident-laws/)

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**DISCLAIMER:** This website is not a law firm and does not provide legal advice. This page provides general educational information only. Insurance requirements and coverage options vary. Contact your insurance provider or a licensed insurance agent for information specific to your policy. Always consult a licensed attorney in your state for advice specific to your situation. Last updated: March 2026.

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