Florida Car Accident Laws: 2024 Guide
In 2021 alone, Florida witnessed a staggering 401,540 vehicular accidents, averaging out to nearly 1,100 crashes daily. Given this significant number, it’s imperative for every Floridian to familiarize themselves with how our state’s car accident laws work ahead of time. Here’s what you need to know about car accident regulations as a Florida driver in 2023.
Laws for Reporting a Florida Car Accident
When your vehicle is involved in a Florida car accident, there are some steps you must follow after the accident. First and foremost, always stop your vehicle as close to the accident scene as possible without blocking traffic. If anyone is injured, you are required by law to stay at the scene and help anyone who may be injured.
A driver exchange of information is also required to get basic information like names, addresses, and vehicle registration information with all parties involved in the accident. You must also exchange insurance information not only with the parties involved in the accident but also to the law enforcement officer that arrives on the scene.
While not a legal requirement, consider getting the names and contact information from witnesses and making a note of the weather and road conditions. Taking photos of the scene and damages to go along with the official traffic crash report can also be crucial for your insurance company.
These steps will ensure the accident is handled legally and fairly and prepare you for insurance claims or legal proceedings.
Florida Insurance Requirements
Like most states, Florida imposes minimum insurance requirements on drivers who operate within state lines. Specifically, Florida drivers must possess the following:
- At least $10,000 in personal injury protection (PIP) coverage, which pays for 80% of the policyholder’s medical expenses after a crash that they incurred within 14 days of the motor vehicle accident, according to Florida Statute 627.736; and
- At least $10,000 in property damage liability (PDL) coverage, which pays for damage to another person’s property when the policyholder is at fault.
Florida Is a No-Fault Car Insurance State
Florida follows a “no-fault” insurance system, meaning those involved in crashes file initial claims with their own insurance providers after an accident. PIP coverage pays for the policyholder’s injury-related medical bills no matter who was at fault in a wreck, up to the PIP policy limits. Victims don’t need to rely on others to pay their initial medical bills.
Furthermore, crash victims in no-fault states like Florida can only file pain and suffering claims against other parties when they sustain “permanent injuries” as defined by Florida Statute 627.737.
What is PIP Insurance and Are Florida Drivers Required to Have it?
Under Florida law, drivers are required to have a minimum of $10,000 in personal injury protection, or PIP insurance. This type of insurance is designed to cover personal injuries that one may suffer during a vehicular collision. PIP insurance ensures compensation for your injuries, even if you are proven to be the party at fault in the accident.
Florida Statute of Limitations and Auto Accident Cases
Florida’s statute of limitations for auto accident cases sets a time frame that dictates how long you have to start legal actions. Per Florida’s modified law, you have two years from the day of the accident to file a lawsuit if someone else was at fault. If someone dies from the accident, family members have two years from the date of death to take legal action.
Additionally, if the at-fault driver of a vehicle did not have proof of insurance when the accident occurred, you may be eligible to file a case up to five years from the accident date. However, certain conditions must be met, like using your PIP benefits first.
It’s also important to remember the 14-day rule. If you’ve been injured in a car accident, you must see a doctor within 14 days of the accident or you will not be able to claim your PIP insurance benefits.
Are There Ways to Extend the Statute of Limitations In Florida?
There are situations in which the statute of limitations in Florida might be extended or even paused, also known as “tolling”.
For instance, tolling might happen if the plaintiff was younger than 18 when the accident happened, or if they were mentally incapacitated at that time. Similarly, if the defendant has purposefully hidden their whereabouts, altered their identity, or left the state of Florida to evade legal action, the time frame might also be paused.
How Does Florida’s Comparative Negligence Rule Work In a Car Accident Case?
Florida’s comparative negligence rule allows injured car accident victims to seek compensation even if they share some fault in the car accident. However, Florida now uses the “50 Percent Bar Rule.” This means you can get damages as long as you’re less than 50% at fault for the accident. If you’re found to be 50% or more at fault, you won’t get any compensation. If your fault is under 50%, any compensation you get will be reduced according to your percentage of fault.
Comparative Fault Law in Florida
In March 2023, Florida shifted from a “pure comparative negligence” system to a “modified comparative negligence” system. Now, in a car accident, blame and any damages are split based on how much each person was at fault. This means if a crash involving multiple people occurs, each party pays based on their share of the blame, while keeping in mind the 50 Percent Bar Rule.
Rear-End Presumption of Negligence in Florida
Rear-end crashes are the most common types of accidents, often caused by drivers following too closely behind the car in front of them. In Florida, if you hit another vehicle from behind, you’re generally assumed to be at fault. This is because Florida law requires all drivers to maintain a safe distance between their vehicle and the one in front of them to avoid a collision.
Requirement to Report an Auto Accident
In Florida, not every fender-bender requires a call to the police. However, if there’s an injury or if the damage seems to be more than $500, you’re required to report the accident.
This report should be made to local law enforcement, whether that’s the police, sheriff, or highway patrol. It’s important to ensure all details are accurate and timely to avoid any legal issues down the road.
Teen Driving Laws in Florida
Florida has specific rules for teen drivers to ensure safety. For 16-year-old drivers, there’s a curfew: no driving between 11 PM and 6 AM unless they’re with a licensed driver who’s at least 21 or they’re heading to or from work. For 17-year-olds, the hours are slightly different. They can’t drive between 1 AM and 5 AM unless they’re either with a 21-year-old licensed driver or on a work-related journey.
When Does a Car Accident Have to Be Reported to the Police?
Florida law requires any person involved in a car accident that causes injuries, death, or at least $500 in property damage to report the incident to law enforcement as soon as possible. If the crash occurs inside a municipality, you must report the crash to the local police department. Otherwise, you must report the crash to the nearest county sheriff’s office or Florida Highway Patrol station.
How Fine, Farkash & Parlapiano, P.A. Can Help Your Case
Florida’s car accident laws are complex and often confusing, but finding the right accident attorney in Gainesville doesn’t have to be. The dedicated legal team at our law firm Fine, Farkash & Parlapiano, P.A. is ready to answer your questions and review your case for free when you contact us for an initial consultation. You will speak directly to an experienced Gainesville car accident lawyer who can explain your legal rights and options.
Sources:
Florida Traffic Crash Facts Annual Report 2021 | Florida Highway Safety and Motor Vehicles
Florida Insurance Requirements | Florida Highway Safety and Motor Vehicles