Auto Insurance Claims in Florida: Guide
Summary
Florida is a no-fault state that follows pure comparative negligence, with minimum liability limits of 10/20/10 ($10,000 per person / $20,000 per accident / $10,000 property damage). Florida is a…
Florida Car Insurance Claims: Deadlines, Limits & Your Rights
Florida is a no-fault state that follows pure comparative negligence, with minimum liability limits of 10/20/10 ($10,000 per person / $20,000 per accident / $10,000 property damage). Florida is a no-fault state requiring PIP coverage. You must first seek compensation through your own PIP policy. You can sue the at-fault driver only if injuries meet the serious injury threshold. Florida follows pure comparative negligence. Florida is a two-party consent recording state. Minimum coverage is 10/20/10 with required $10,000 PIP.
How fault works in Florida
Florida is a no-fault insurance state, which means your own insurer pays your medical bills and certain losses through Personal Injury Protection (PIP) regardless of who caused the crash, and your right to sue the other driver is limited unless your injuries cross the state's serious-injury threshold.
Your compensation is reduced by your share of fault, but you can recover even if you were mostly to blame — a driver found 90% at fault can still collect 10% of their damages. That makes Florida one of the more forgiving states for partially-at-fault drivers.
Filing deadlines (statute of limitations)
Miss the deadline and you permanently lose the right to sue — adjusters know this and may run out the clock, so calendar these dates the week of your crash:
| Claim type | Deadline in Florida |
|---|---|
| Bodily injury | 4 years from the accident |
| Property damage | 4 years from the accident |
Statutory basis: Four-year statute (reduced from 4 to 2 years for negligence actions filed after March 2023 under HB 837, but auto accident PI claims retain 4-year window under 95.11). Confirm with attorney for claims after 3/24/2023. Four-year statute. Fla. Stat. 95.11(3).
Minimum coverage required in Florida
Every Florida driver must carry at least:
- $10,000 bodily injury liability per person
- $20,000 bodily injury liability per accident
- $10,000 property damage liability
- Uninsured/underinsured motorist coverage is not required in Florida — but it's worth adding, since it pays when the at-fault driver has no insurance.
- Personal Injury Protection (PIP) is required in Florida — your own policy pays your medical bills first.
These are legal minimums, not recommendations; they often fall short of the cost of a serious crash.
Know your rights when dealing with adjusters in Florida
Florida is a two-party (all-party) consent state: you must have the adjuster's permission before recording a call. Insurers may record you after a verbal notice, so listen for it and ask for written confirmation of anything important.
Florida has a statutory bad-faith / unfair-claims-practices law, which can entitle you to penalties, interest, or attorney's fees when an insurer handles your claim improperly.
How to file your Florida claim, step by step
- Make the scene safe and call 911. Get to safety, check for injuries, and report the crash. A police report is one of the strongest pieces of evidence you can have.
- Document everything. Photograph all vehicles, the road, signage, and visible injuries; collect the other driver's insurance and license details and any witness contacts.
- Get medical care promptly. See a doctor even if you feel fine — gaps in treatment are the first thing insurers use to argue your injuries aren't serious.
- Notify your insurer. Report the crash quickly to satisfy your policy's notice rules, but stick to the facts and avoid speculating about fault.
- File and track the claim. Submit your claim, keep a written log of every call, and don't accept the first offer without checking it against your actual damages.
Where to get help in Florida
If an insurer won't deal fairly, your regulator is Florida Office of Insurance Regulation. You can file a complaint at https://www.floir.com/Consumers/FileAComplaint.aspx. General information: https://www.floir.com.
Key takeaways for Florida
- Florida is a no-fault state using pure comparative negligence.
- You generally have 4 years to sue for injuries and 4 years for property damage.
- Minimum liability limits are 10/20/10.
- UM/UIM is optional but recommended. PIP is required.
- Your regulator for complaints is Florida Office of Insurance Regulation.
Educational information, not legal advice. Laws change — confirm current rules with Florida Office of Insurance Regulation or an attorney licensed in Florida. Last reviewed June 2026 · InsurifyAI Knowledge Hub.
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