Orlando Harmon
Florida's automotive insurance laws are extensive and cover various aspects, from distracted driving to insurance requirements for vehicle registration. Florida is a no-fault state, meaning each party in an accident pays for their own medical costs through Personal Injury Protection (PIP) insurance. The state also mandates Property Damage Liability (PDL) insurance to cover damage to another's property. Florida has pure comparative negligence laws, allowing individuals to sue for economic and non-economic damages, even if partially at fault. The state also has specific laws regarding texting and driving, with fines and penalties for distracted driving. Florida's insurance requirements include minimum coverage amounts for PIP and PDL, and in certain cases, Bodily Injury Liability (BIL) insurance is necessary.
| Characteristics | Values |
|---|---|
| Florida's status as a no-fault state | Each party pays for its own medical costs using PIP, while the at-fault party pays for the other party's property damage under property damage liability coverage. |
| Pure comparative negligence laws | Anyone can sue another party in a civil suit for their economic and non-economic damages, even if they were partially at fault. Their compensation will be reduced by their percentage of fault. |
| Right to sue | There is no monetary threshold to sue for injuries, but it must be due to a serious injury, meaning there was a permanent injury or significant and permanent disfigurement or scarring. |
| Self-insurance | An alternative to buying a personal auto insurance policy in Florida. |
| Distracted driving laws | It is illegal to drive and manually type on a wireless communication device. You also can't use handheld devices in school or work zones. |
| Distracted driving fines | If caught breaking these distracted-driving laws, you could receive a fine, as well as points on your driving record, which will raise your car insurance premium. |
| Distracted driving exceptions | Performing official duties as law enforcement, fire service, or emergency medical services; reporting an emergency or criminal/suspicious activity to law enforcement; using a wireless device to activate, deactivate, or initiate a feature or function that doesn't include typing; operating a self-driving vehicle in autonomous mode. |
| Insurance requirements for vehicle registration | You must show proof of Personal Injury Protection (PIP) and Property Damage Liability (PDL) automobile insurance. |
| Minimum insurance requirements | $10,000 of personal injury protection (PIP) insurance and a minimum of $10,000 of property damage liability insurance. |
| Insurance requirements for taxis | $125,000 per person, $250,000 per occurrence and $50,000 for (PDL) coverage. |
| Insurance requirements for DUI convictions | $100,000 worth of coverage per person and $300,000 worth of coverage per accident. You also must have a minimum of $50,000 in property damage coverage. |
| Comprehensive insurance | Covers losses from incidents other than a collision, including fire, theft, windstorm, vandalism, flood, or hitting an animal. |
| Uninsured motorist (UM) insurance | Pays if you, your passengers, or family members are hit by someone who is "at fault" and does not have insurance or has insufficient liability insurance. |
| Policy outline requirements | All auto insurance policies must include a summary and an outline of coverage in clear, understandable terms. |
| Motorcycle insurance | Required insurance coverage will not cover you if you are injured in a motorcycle accident. |
| Motorcycle insurance without headgear | To operate or ride on a motorcycle without headgear, you must be over 21 years of age and have an insurance policy providing at least $10,000 in medical benefits. |
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What You'll Learn
Florida's no-fault insurance laws
Florida is a no-fault automobile insurance state, which means that all drivers are required by law to carry personal injury protection (PIP) insurance. This ensures that certain costs incurred as a result of an accident are covered, regardless of who is at fault. In Florida, drivers don't need to exchange insurance information or worry about filing claims through each other's policies.
The Florida No-Fault Motor Vehicle Law requires drivers to carry Personal Injury Protection (PIP) coverage as part of their auto insurance. This No-Fault coverage pays the insured's bills, regardless of fault, up to the limit of the insurance (minimum limit is $10,000). PIP covers 80% of medical bills, 60% of lost wages, and 100% of replacement service costs. It is important to note that PIP is not liability insurance and only benefits the insured. This coverage applies to any vehicle the insured drives within the state of Florida, whether it is owned, borrowed, or rented.
In addition to PIP, Florida also requires drivers to carry Property Damage Liability (PDL) automobile insurance. PDL coverage pays for damage to another person's property caused by the policyholder or someone else driving the insured vehicle. The minimum PDL coverage required is $10,000 per crash.
Florida's no-fault law was passed with the intention of reducing the number of tort lawsuits related to car accidents. However, it's important to note that this law places additional costs on every driver, regardless of who caused the accident. Additionally, if the at-fault driver does not have enough insurance to cover the damages, the innocent party may still need to rely on their own insurance.
Florida also has distracted-driving laws that prohibit the use of handheld devices while driving, including texting and driving. These laws are enforced by law enforcement officers, who can stop drivers for texting and driving even if no other violations are committed. Violating these laws can result in fines and points on the driver's record, leading to increased insurance premiums and potential license suspension.
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Required insurance coverage
Florida is a no-fault state, meaning that in the event of an accident, each party pays for their own medical costs using Personal Injury Protection (PIP) insurance. PIP is mandatory for all owners of motor vehicles registered in Florida and covers 80% of all necessary and reasonable medical expenses up to $10,000, regardless of who caused the crash. PIP is designed to reduce the necessity of suing for reimbursement of medical and related bills from auto accidents.
In addition to PIP, Florida law requires a minimum of $10,000 in property damage liability (PDL) insurance. PDL coverage pays for damage to another person's property caused by you or someone else driving your insured vehicle.
While bodily injury liability coverage (BIL) is generally not required in Florida, it is mandatory for a period of three years after a DUI conviction. If convicted after October 1, 2007, drivers must have $100,000 worth of coverage per person and $300,000 worth of coverage per accident, as well as a minimum of $50,000 in property damage coverage. BIL pays for serious and permanent injury or death when your car is involved in an accident, and the driver of your car is found to be at fault.
Florida law also requires drivers to maintain continuous insurance coverage throughout the registration period, regardless of the vehicle's location. Failure to do so may result in the suspension of your driving privileges and license plate for up to three years.
Although it is not mandatory, many drivers in Florida choose to purchase additional types of insurance coverage, such as comprehensive and collision insurance. Comprehensive insurance covers losses from incidents other than collisions, such as fire, theft, vandalism, or hitting an animal. Collision insurance, on the other hand, pays for damages to your car in the event of a collision, regardless of fault.
It is important to note that Florida has pure comparative negligence laws, allowing anyone to sue another party in a civil suit for their economic and non-economic damages, even if they were partially at fault. However, their compensation will be reduced by their percentage of fault.
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Distracted-driving laws
Florida has strict laws regarding distracted driving, which is one of the most common causes of car accidents in the country. The Wireless Communications While Driving Law (Florida Statute section 316.305) was implemented to reduce distracted driving and improve safety for all road users.
The law prohibits motorists from manually typing or entering multiple letters, numbers, or symbols into a wireless communications device while driving. This includes texting, emailing, instant messaging, and using applications such as Snapchat. The use of handheld devices in school or work zones is also prohibited.
The penalties for violating this law can include hefty fines, points on your driver's license, and increased insurance premiums. In more severe cases, it can lead to license suspension or even jail time. The fines for violating the distracted driving law are as follows:
- First offense: $30 fine, which is a non-moving traffic violation and does not affect the driver's license points.
- Second offense (within five years of the first): $60 base fine plus court costs and additional fees, with 3 points added to the driving record.
- Moving offense: $60 base fine plus court costs and other fees, with 3 points accumulated against the driver's license.
It is worth noting that Florida's law enforcement officers are authorized to stop motor vehicles and issue citations for texting while driving, even if no other violations are suspected.
There are a few exceptions to the distracted-driving laws in Florida. These include:
- Performing official duties as a law enforcement officer, fire service professional, or emergency medical services provider.
- Reporting an emergency or criminal/suspicious activity to law enforcement.
- Using a wireless device to activate, deactivate, or initiate a feature that doesn't involve typing or reading text messages.
- Operating a self-driving vehicle in autonomous mode.
Florida's distracted driving laws aim to improve road safety, prevent crashes, and reduce injuries, fatalities, and insurance costs associated with motor vehicle accidents.
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Self-insurance
In Florida, self-insurance is an alternative to buying a personal auto insurance policy. Self-insurance is available to both individuals and businesses that meet the requirements set forth in state statutes.
To be self-insured in Florida, one must meet the financial requirements outlined in Section 324.171, F.S. These requirements include having cash reserves equal to the minimum limits of liability, which is $10,000 of bodily injury liability per person, $20,000 of bodily injury liability per crash, and $10,000 of property damage liability per crash. The Department of Highway Safety and Motor Vehicles will issue a certificate to qualified individuals or entities as a self-insurer.
The benefits of self-insurance in Florida include saving money on insurance premiums and gaining control over financial decisions. Additionally, for businesses in the automotive industry, self-insurance can be a strategic way to manage financial risks and reduce insurance costs.
However, self-insurance also comes with risks. One drawback is the increased possibility of having to pay out-of-pocket for large claims. Self-insured individuals or entities are responsible for their own injuries and damages to their vehicles, as well as the injuries and property damage of others in the event of an accident.
To apply for self-insured status in Florida, one must visit the Florida Department of Highway Safety and Motor Vehicles website and submit the required documentation. The processing time for self-insurance requests can take up to 30 days.
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Insurance when at-fault
Florida is a no-fault state, meaning that in the event of an accident, each party must pay for their own medical costs using Personal Injury Protection (PIP) insurance. However, the at-fault party is responsible for paying for the other party's property damage under property damage liability coverage.
Florida law requires all owners of motor vehicles with four or more wheels to carry a minimum of $10,000 in PIP insurance and a minimum of $10,000 in property damage liability insurance. PIP covers 80% of all necessary and reasonable medical expenses up to $10,000, regardless of who caused the crash. PDL coverage pays for damage to another person's property caused by the insured vehicle.
If the at-fault driver was charged with a moving violation and injuries or possible injuries were noted in the crash report, Florida's Financial Responsibility Law requires the at-fault driver to have full liability insurance coverage at the time of the crash. This includes minimum limits of bodily injury liability of $10,000 per person and $20,000 per crash. The at-fault driver must also purchase and maintain minimum insurance coverage of $10,000/$20,000/$10,000 and an SR-22 filing (certification of liability insurance) for three years from the designated suspension date.
In Florida, it is illegal to drive and manually type on a wireless communication device. If caught breaking these distracted-driving laws, individuals may receive a fine and points on their driving record, which can increase insurance premiums and potentially result in license suspension.
It is important to note that Florida does not require bodily injury liability coverage (BIL), except in cases where the driver has been convicted of a DUI. In such cases, BIL is mandatory for three years after license reinstatement, with minimum coverage requirements of $100,000 per person and $300,000 per accident.
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Frequently asked questions
Before registering a car in Florida, you must show proof of Personal Injury Protection (PIP) and Property Damage Liability (PDL) insurance. The minimum coverage for PIP is $10,000, and for PDL, it is also $10,000.
In Florida, it is illegal to manually type on a wireless communication device while driving. This includes texting and driving, even if no other violations are taking place. You also cannot use handheld devices in school or work zones. Breaking these laws can result in fines and points on your driving record, which can increase insurance premiums and potentially lead to license suspension.
Although Florida does not require minimum coverage, it is recommended to purchase full-coverage insurance. This includes bodily injury coverage, collision coverage, and comprehensive coverage. Bodily injury coverage pays for the other party's injuries in an accident you caused, collision coverage pays for damage to your car in a collision, and comprehensive coverage pays for non-collision damage, such as theft or hurricane damage.
