Florida Car Accident Laws: Everything You Need to Know (2026)

FLORIDA CAR ACCIDENT LAW AT A GLANCE:

• Fault system: No-fault (PIP system still in effect)
• Comparative fault: Modified 51% bar — changed from pure comparative in 2023 (HB 837)
• Statute of limitations: 2 years (personal injury, reduced from 4 by HB 837) / 4 years (property damage)
• Minimum insurance: PIP $10,000 + PDL $10,000 (bodily injury NOT mandatory for most drivers)
• PIP required: Yes — $10,000 minimum
• DMV reporting: $500+ damage, within 10 days

Florida’s car accident laws changed significantly in 2023 when Governor DeSantis signed HB 837 into law. This tort reform bill changed how comparative fault and statutes of limitations work — but Florida remains a no-fault state with mandatory PIP coverage.

If you were in a car accident in Florida, it is critical to understand which rules changed and which stayed the same. This guide explains the current law as of 2026.

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What HB 837 Changed — and What It Did Not

HB 837 (signed March 24, 2023) was a major tort reform bill, but it is important to understand exactly what it changed:

Feature	Before HB 837	After HB 837 (Current Law)
Comparative fault	Pure (recover at any %)	Modified 51% bar
SOL (personal injury)	4 years	2 years
Bad faith claims	Easier to bring	Higher threshold
No-fault / PIP	Required ($10,000)	Still required ($10,000) — no change
Minimum insurance	PIP + PDL	PIP + PDL — no change

Important: Despite widespread misconception, HB 837 did not repeal Florida’s no-fault insurance system or eliminate PIP. Legislative attempts to do so (SB 54 in 2021 and HB 1181 in 2025) were vetoed by Governor DeSantis.

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Is Florida a No-Fault or Fault State?

Florida is a no-fault state. This means your own Personal Injury Protection (PIP) insurance pays for your initial medical expenses and lost wages — regardless of who caused the accident.

How Florida’s No-Fault System Works

• After an accident, you file a claim with your own PIP insurance first
• PIP covers 80% of medical expenses and 60% of lost wages up to $10,000
• You must seek medical treatment within 14 days of the accident to qualify for full PIP benefits
• PIP pays regardless of who was at fault

When You Can Sue Beyond PIP

Florida’s no-fault system limits your ability to sue the at-fault driver. You can pursue a fault-based liability claim only if your injuries meet the “serious injury” threshold:

• Significant and permanent loss of an important bodily function
• Permanent injury (other than scarring or disfigurement)
• Significant and permanent scarring or disfigurement
• Death

If your injuries meet this threshold, HB 837’s comparative fault and SOL changes become directly relevant to your case.

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Florida’s Modified Comparative Fault Rule

Before HB 837, Florida used pure comparative negligence — you could recover damages even if you were 99% at fault. That is no longer the case.

Florida now follows a modified comparative fault rule with a 51% bar (Fla. Stat. § 768.81, as amended).

How It Works

If you are more than 50% at fault, you cannot recover any damages. If you are 50% or less at fault, your compensation is reduced by your percentage of fault.

Example Scenario

You are in a car accident in Florida and suffer $100,000 in damages:

Your Fault %	Damages	Recovery
0%	$100,000	$100,000
30%	$100,000	$70,000
50%	$100,000	$50,000
51%	$100,000	$0 (barred)

Under the old law, a person at 51% fault would have recovered $49,000. Under the current law, they recover nothing. This change makes fault determination more important than ever in Florida accident cases.

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Statute of Limitations in Florida

HB 837 reduced the personal injury statute of limitations from 4 years to 2 years.

Claim Type	Time Limit	Notes
Personal injury	2 years	Reduced from 4 years by HB 837
Property damage	4 years	Unchanged
Wrongful death	2 years	From date of death

This is one of the most impactful changes. Many Florida accident victims who would have had plenty of time under the old 4-year deadline now have half that time. If you were in an accident in Florida, acting promptly is critical.

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Florida Car Insurance Requirements

Mandatory Coverage

Florida requires all drivers to carry:

Coverage Type	Minimum Amount
Personal Injury Protection (PIP)	$10,000
Property Damage Liability (PDL)	$10,000

Note: Bodily injury liability coverage is not mandatory for most Florida drivers. However, it becomes required in certain circumstances, such as after a DUI conviction or when your license has been suspended for an at-fault accident.

Important Coverage to Consider

Because PIP only covers $10,000 in medical expenses (at 80%), additional coverage is strongly worth considering:

• Bodily Injury Liability (BI): Although not required, this protects you if you are at fault and the other driver’s injuries exceed PIP. Without it, you could be personally liable for damages.
• Uninsured/Underinsured Motorist (UM/UIM): Critical in Florida, which has one of the highest uninsured driver rates in the country.
• Medical Payments (MedPay): Supplements PIP for medical expenses beyond the $10,000 limit.
• Collision: Covers damage to your own vehicle.

The 14-Day Rule

Florida law requires that you seek medical treatment within 14 days of your accident to receive full PIP benefits. If you wait longer than 14 days, your PIP benefits may be limited to $2,500 instead of the full $10,000. This is one of the most commonly missed deadlines in Florida accident claims.

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Reporting a Car Accident in Florida

When You Must Report

Florida requires reporting if:

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

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

How to Report

• At the scene: Call 911 if there are injuries. Florida’s Move-Over law requires moving vehicles if possible.
• Crash report: Law enforcement files the official report (called a “long form” report for injury crashes). The report is available through the Florida Highway Safety and Motor Vehicles (FLHSMV) website.
• Filing deadline: Reports should be filed within 10 days.

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What to Do After a Car Accident in Florida

1. Check for injuries and call 911
2. Move to safety
3. Exchange information with the other driver
4. Document everything — photos, videos, witness info
5. File a police report
6. Seek medical attention within 14 days — this is critical for PIP benefits
7. Notify your insurance company and file a PIP claim
8. Do not admit fault — this matters under the 51% bar if your case goes beyond PIP
9. Be aware of the 2-year statute of limitations for injury claims beyond PIP

For the complete checklist: What to Do After a Car Accident in Florida

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Filing an Insurance Claim in Florida

Step 1: File a PIP Claim With Your Own Insurance

Under Florida’s no-fault system, your first step is always to file a PIP claim with your own insurance company. PIP covers your medical expenses and lost wages up to $10,000 regardless of who was at fault.

Step 2: Pursue a Liability Claim (If Injuries Are Serious)

If your injuries meet the “serious injury” threshold, you can file a liability claim against the at-fault driver’s insurance. Under HB 837’s modified comparative fault rule, your recovery will be reduced by your percentage of fault — and barred entirely if you are more than 50% at fault.

For the complete guide: How to File an Insurance Claim in Florida

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When You May Need a Lawyer in Florida

The changes from HB 837 have made legal representation more commonly sought in Florida for several reasons:

• The 51% fault bar makes fault determination critical — being assigned just 1% too much fault can eliminate your entire claim
• The 2-year deadline means less time to act
• PIP limitations — $10,000 in PIP may not cover serious injuries, making a liability claim necessary
• Bad faith claims against insurers are harder to bring under the new law
• The serious injury threshold must be met to pursue damages beyond PIP

For more on this topic: Do You Need a Lawyer After a Car Accident in Florida?

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Common Types of Car Accidents in Florida

• Rear-End Collisions: The rear driver is generally presumed at fault. Under the 51% bar, fault disputes in rear-end cases carry higher stakes.
• T-Bone Accidents: Common at Florida’s busy intersections, particularly in Miami, Orlando, and Tampa.
• Hit and Run: Florida has one of the highest hit-and-run rates in the country. UM coverage is critical protection.

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Florida Car Accident Statistics

• ~395,000 reported crashes per year
• Florida has the 3rd highest accident count nationally
• Major urban areas (Miami-Dade, Broward, Palm Beach, Orange, Hillsborough counties) account for a disproportionate share

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Key Takeaways

• Florida remains a no-fault state — your PIP insurance covers initial medical expenses regardless of fault
• HB 837 (2023) changed comparative fault (now 51% bar) and SOL (now 2 years for PI) — but did not eliminate PIP
• You must seek medical care within 14 days for full PIP benefits
• To sue for pain and suffering, your injuries must meet the serious injury threshold
• The minimum insurance requirement is PIP $10,000 + PDL $10,000 — bodily injury liability is not mandatory for most drivers
• Consider consulting a local attorney if your injuries are serious — the 51% fault bar makes legal strategy critical

DISCLAIMER: TurnYourClaim is not a law firm and does not provide legal advice. This site 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: March 2026.