Realizing an accident was your fault brings a different kind of worry than being the one who got hit. The immediate concern is often financial: what this could cost, and whether insurance covers it. In Florida, that question has a more complicated answer than most drivers expect.
- Bodily injury coverage is not required: Florida only mandates PIP and property damage coverage, not coverage for another person’s injuries.
- Damages can exceed the policy: if they do, the difference can become the driver’s personal responsibility.
- Some assets are protected: Florida law shields several categories of property from that kind of judgment.
- Your injuries are still covered: Florida’s no-fault system pays your medical bills regardless of who caused the crash.
- Two-year filing deadline: the other driver generally has two years to sue, under current Florida law.
Does my insurance automatically cover the other driver’s injuries?
Not necessarily, and this surprises many Florida drivers. Florida requires only $10,000 in Personal Injury Protection and $10,000 in property damage liability coverage. Bodily injury liability, the coverage that pays for another person’s injuries when a driver is at fault, is not required by Florida law at all. Many drivers carry it anyway, but a driver with only the state minimums may have little or no coverage for the other person’s injury claim.
What happens if the damages are more than my insurance covers?
The gap generally becomes the driver’s personal responsibility, called an excess judgment. If the injured party sues and wins more than the policy limit, the insurer typically pays up to that limit, and the remaining balance can be pursued against the at-fault driver directly, through wage garnishment, bank account levies, or liens on non-exempt property.
Are all of my assets exposed to a judgment like that?
No, and Florida law is unusually protective here. A primary residence is shielded by the homestead exemption under the Florida Constitution, with no dollar cap. Retirement accounts, including IRAs, 401(k) plans, and pensions, are exempt from creditor claims. Property owned jointly by married spouses as tenants by the entireties is generally protected from a judgment against only one spouse. Wages of a head of household supporting a dependent are also exempt from garnishment in most circumstances. Assets outside these categories, such as investment property or an individually held brokerage account, remain exposed.
Does being at fault mean I get nothing for my injuries?
It does not. Florida is a no-fault state, meaning your Personal Injury Protection coverage pays a portion of your medical bills and lost wages regardless of who caused the accident. Fault primarily affects claims between drivers, not your PIP benefits.
How long does the other driver have to sue me?
Generally two years from the date of the accident, under Fla. Stat. § 95.11(4)(a), for accidents on or after March 24, 2023. HB 837 cut this deadline from the previous four years. Once that period passes without a lawsuit being filed, exposure from that specific accident is typically closed, though the possibility of a claim being filed near the deadline is a real reason not to assume the matter is settled just because time has passed quietly.
What should I do right now if I caused a car accident in Florida?
Report the accident to your insurer promptly, since most policies require timely notice as a condition of coverage. Avoid discussing fault or providing a detailed statement to anyone beyond your insurer before understanding the actual exposure. If the potential damages appear larger than the available coverage, an early legal review can make a real difference in how the situation is handled.
If this has happened to you
Every situation depends on the actual insurance coverage involved and the extent of the other driver’s injuries, and that requires a real review, not a guess. See our page on being the at-fault party for a fall on your property for how a similar liability question plays out for business owners. Matters in Miami-Dade are handled locally, through the Eleventh Judicial Circuit.
The first consultation is free and confidential, with no obligation to retain.