A car accident can leave you with injuries, vehicle damage, and insurance headaches. Florida law spells out exactly what you need to do after a crash—when to report it, how insurance works, and who pays for what.
Florida car accident laws cover a range of issues, like driver responsibilities, insurance requirements, fault rules, and financial liability. Some laws apply immediately, such as when a police report is required, while others determine how claims are handled, when an injured driver can seek compensation, and how fault affects the outcome of a case.
Each law influences financial responsibility, insurance claims, and the ability to recover damages.
Reporting Rules and Driver Responsibilities After a Crash
Florida Statutes Sections 316.062–316.065 – Post-Accident Responsibilities
Drivers in a crash that causes injuries or significant property damage are required to remain at the scene, provide information, and assist injured persons when necessary. Leaving without doing so can lead to criminal charges.
State law requires drivers to give their name, address, vehicle registration number, and driver’s license to others involved, law enforcement, or anyone injured. Refusing to provide this information or giving false details can result in fines, license suspension, or other penalties.
If someone is injured, the driver is responsible for offering reasonable help. Calling 911, arranging medical transport, or taking other necessary action may be required.
Florida Statutes Sections 316.027 and 316.061 – Leaving the Scene
Leaving the scene of a crash is a criminal offense. Penalties depend on factors such as whether anyone was injured, the extent of property damage, and whether the driver provided the required information before leaving.
- Section 316.027: If a crash results in an injury or death, leaving is a felony. Consequences can include prison time, heavy fines, and license revocation.
- Section 316.061: Leaving after causing property damage is a misdemeanor and can lead to fines and possible jail time.
Even in minor crashes, driving away without fulfilling the required responsibilities can result in criminal penalties. When injuries or fatalities occur, consequences are more severe.
Fault and Liability in Florida Car Accidents
Florida Statutes Chapter 768 – Comparative Fault
Florida follows a modified comparative negligence rule, which was updated in 2023. A driver found more than 50 percent responsible for a crash cannot recover damages from the other party. If fault is shared but remains under this threshold, compensation is reduced based on the percentage of responsibility.
Florida Statutes Section 768.28 – Government Liability
Accidents involving government-owned vehicles or employees follow different rules. Lawsuits against government entities are subject to damage caps, and specific procedures apply when filing a claim.
Florida Statutes Section 316.192 – Reckless Driving
Reckless driving is defined as willful or wanton disregard for safety. Actions such as excessive speeding, aggressive maneuvers, or ignoring traffic laws can lead to criminal charges. A reckless driving conviction can also influence fault determinations in civil cases, potentially increasing liability.
Florida Statutes Section 316.193 – DUI and Car Accidents
State law sets a legal blood alcohol concentration (BAC) limit, and exceeding it can result in a DUI conviction. When a driver is under the influence at the time of a crash, liability may increase, and penalties can be more severe. A conviction can also influence how fault is assigned in a civil lawsuit.
Florida’s No-Fault Insurance System and Financial Responsibility
Florida Statutes Chapter 627 – No-Fault & Personal Injury Protection (PIP)
State law requires drivers to carry Personal Injury Protection (PIP) insurance, which pays for medical expenses and lost wages after a crash, no matter who was at fault. PIP coverage is mandatory for all registered vehicles in Florida.
Florida Statutes Section 627.737 – PIP Lawsuit Threshold
PIP limits lawsuits for minor injuries, but claims can go beyond these limits if the injuries meet certain legal criteria. Permanent injuries, significant scarring, or the loss of an important bodily function allow an injured party to seek additional compensation from the at-fault driver.
Florida Statutes Chapter 324 – Financial Responsibility
Drivers are required to show proof of financial responsibility to cover damages from a crash. State law sets minimum coverage requirements, including at least $10,000 for property damage. Additional coverage may be required for drivers with certain violations, such as DUI convictions.
Florida Statutes Section 627.733 – Insurance Requirements for Out-of-State Drivers
Nonresident vehicle owners who keep a car in Florida for more than 90 days within a 365-day period are required to carry Personal Injury Protection (PIP) insurance. The 90 days do not need to be consecutive; they are counted cumulatively over a year.
PIP coverage is required while the vehicle is in Florida, regardless of the insurance rules in the driver’s home state. Drivers who do not meet this requirement may face penalties and complications when filing an insurance claim after a crash.
Statute of Limitations for Car Accident Lawsuits
Florida Statutes Section 95.11 – Deadlines for Filing Claims
- Personal Injury Lawsuits: On March 24, 2023, Florida reduced the time limit for filing a personal injury lawsuit from four years to two years. The deadline for claims from that date forward is generally two years from the date of the crash.
- Wrongful Death Claims: A lawsuit seeking compensation for a death caused by a car accident has a two-year deadline from the date of death.
Certain factors can extend or shorten these deadlines. If the at-fault party leaves the state or conceals their identity, the filing period may be extended. Claims against government entities generally have shorter deadlines and additional procedural steps.
Waiting too long to file can result in losing the ability to pursue compensation.
Property Damage and Insurance Claims
Florida Statutes Section 324.022 – At-Fault System for Property Damage
Florida follows an at-fault system for vehicle damage claims, meaning the driver responsible for the crash is also responsible for covering repair or replacement costs.
Under Florida Statutes Section 324.022, drivers are required to carry at least $10,000 in Property Damage Liability (PDL) insurance. PDL insurance pays for damage to another person’s vehicle or property when the policyholder is at fault.
If repair costs exceed the at-fault driver’s coverage limits, the remaining balance may need to be paid out of pocket. In some cases, the other driver may file a lawsuit to recover the difference.
Florida’s Move Over Law
Florida Statutes Section 316.126 – Move Over Requirements
Drivers approaching a stopped emergency or service vehicle with flashing lights are required to change lanes when possible. If moving over cannot be done safely, drivers have to reduce speed.
- On roads with speed limits of 25 mph or higher, drivers should slow by at least 20 mph below the posted limit.
- On roads where the speed limit is 20 mph or lower, drivers should reduce speed to 5 mph.
Violating the Move Over Law can result in fines and points on a driving record. The law is meant to prevent crashes involving roadside workers, law enforcement officers, and others assisting at crash scenes or breakdowns.
Florida’s 14-Day Rule for PIP Coverage
Florida Statutes Section 627.736 – Deadline for Seeking Medical Treatment
Drivers who want to use Personal Injury Protection (PIP) benefits after a crash are required to seek medical treatment within 14 days. If this deadline is missed, PIP will not cover medical expenses, regardless of the severity of the injuries.
The 14-day deadline applies even when injuries are not immediately obvious. Missing the deadline prevents access to PIP benefits for medical expenses and lost wages, regardless of the severity of the injuries.
Protecting Your Rights After a Car Accident
Florida’s car accident laws shape how insurance claims are handled and when compensation is available. Delays, missing paperwork, or dealing with an uncooperative insurance company can make recovering damages more difficult. The laws that apply to your case can determine whether the responsible party is held accountable and what compensation is available.If you’ve been injured in a car accident, Lesser, Landy, Smith & Siegel, PLLC can help. Contact our Florida car accident lawyers today to discuss your case and explore your options. Call (561) 655-2028 or send us an email for a free, no obligation, consultation.
