Question 1

How does Florida's no-fault insurance system affect my car accident claim?

Accepted Answer

Florida is one of the few remaining no-fault states. Every driver is required to carry Personal Injury Protection (PIP) insurance, which pays up to $10,000 of your medical expenses and lost wages regardless of who caused the accident. However, PIP only covers 80% of medical bills and 60% of lost wages. To pursue a claim against the at-fault driver for additional compensation, your injuries must meet the "serious injury threshold," meaning you suffered significant and permanent loss of a bodily function, permanent injury, significant scarring or disfigurement, or death.

Question 2

What is Florida's statute of limitations for car accident claims after HB 837?

Accepted Answer

Florida's 2023 tort reform law (HB 837) reduced the statute of limitations for personal injury claims from 4 years to 2 years. This means you must file your lawsuit within 2 years from the date of the accident. This is a significant change, and many Floridians are still unaware of the shorter deadline. If you miss this window, you permanently lose your right to seek compensation beyond your PIP benefits. If filing against a government entity, you typically have an even shorter notice period.

Question 3

How does Florida's comparative negligence rule work after the 2023 reform?

Accepted Answer

HB 837 also changed Florida from a pure comparative negligence state to a modified comparative negligence state with a 51% bar. Previously, you could recover damages even if you were 99% at fault (reduced by your percentage). Now, if you are found 51% or more at fault, you cannot recover any compensation. If you are 50% or less at fault, your damages are reduced by your percentage of fault. For example, $100,000 in damages at 30% fault would yield $70,000. This makes establishing the other driver's liability more critical than ever.

Question 4

What are Florida's minimum car insurance requirements?

Accepted Answer

Florida requires only $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability (PDL). Notably, Florida does not require drivers to carry Bodily Injury Liability (BIL) insurance. This means the at-fault driver may have no liability coverage for your injuries at all. If the at-fault driver lacks BIL coverage, your own Uninsured/Underinsured Motorist (UM/UIM) policy becomes essential. Florida's low minimums make UM/UIM coverage particularly important.

Question 5

What is the serious injury threshold to sue in Florida?

Accepted Answer

To step outside the no-fault system and file a claim against the at-fault driver, your injuries must meet one of these criteria: significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death. Common injuries that meet this threshold include broken bones, herniated discs requiring surgery, traumatic brain injuries, and injuries requiring extended rehabilitation. Soft tissue injuries alone often do not meet the threshold unless they result in permanent limitation.

Question 6

What types of compensation can I pursue after a Florida car accident?

Accepted Answer

If your injuries meet the serious injury threshold, you can pursue both economic damages (medical expenses past and future, lost wages, loss of earning capacity, property damage) and non-economic damages (pain and suffering, mental anguish, loss of enjoyment of life, disfigurement). Florida does not cap personal injury damages in most car accident cases. In cases involving intentional misconduct or gross negligence, punitive damages may also be available, though these are capped at the greater of 3 times compensatory damages or $500,000.

Question 7

Should I accept the insurance company's first settlement offer?

Accepted Answer

In most cases, no. Initial offers from insurance companies are typically well below the true value of your claim. This is especially true in Florida, where insurers know that many claimants are unfamiliar with the post-HB 837 legal landscape. Before accepting any offer, you should reach maximum medical improvement so the full extent of your injuries is known, understand whether your injuries meet the serious injury threshold for a tort claim, and get an independent estimate of your case value. SetCalc can provide a free AI-powered estimate reviewed by a local Florida attorney.

Question 8

What should I do immediately after a car accident in Florida?

Accepted Answer

First, check for injuries and call 911. Florida law requires you to stop, render aid, and exchange information. If there are injuries, death, or property damage appearing to exceed $500, law enforcement must be notified. Document the scene with photos and get witness contact information. Seek medical attention within 14 days, as Florida law requires you to receive initial medical treatment within 14 days of the accident to qualify for PIP benefits. Report the accident to your own insurance company promptly, as PIP is first-party coverage.

Question 9

What is the average car accident settlement in Florida?

Accepted Answer

Settlement values vary widely based on injury severity, whether the serious injury threshold is met, available insurance coverage, and liability. Minor injuries covered only by PIP typically max out at $10,000. Cases that meet the serious injury threshold and involve clear liability can range from $25,000 to $100,000 for moderate injuries, $100,000 to $500,000 for serious injuries requiring surgery, and $500,000 or more for catastrophic injuries or wrongful death. Florida's lack of damage caps means there is no artificial ceiling on recovery for severe cases.

Question 10

How can SetCalc help with my Florida car accident claim?

Accepted Answer

SetCalc uses advanced AI trained on thousands of personal injury cases to estimate your settlement value, factoring in Florida's unique no-fault system, the serious injury threshold, HB 837 reforms, and local settlement data. A Florida attorney then reviews your estimate to ensure accuracy and can answer your legal questions. This combination of AI analysis and attorney expertise gives you the most comprehensive understanding of your claim value, completely free. Get your free estimate at setcalc.com/get-started.

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