What Happens If You Get Into a Car Accident Without Insurance in Florida and Are Not at Fault?

Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers | Car Accident

What Happens If You Get Into a Car Accident Without Insurance in Florida and Are Not at Fault?

Florida is a no-fault insurance state, but that does not mean you do not need car insurance. Driving without insurance in Florida can result in fines, a suspended driver’s license, and other penalties. You may also be legally liable for damages if you cause a car accident without insurance coverage.

What happens if you are not at fault for a car accident but have no car insurance coverage? You still face penalties for driving without insurance, and you cannot file a PIP (no-fault) insurance claim for your medical bills and lost wages. However, you might be able to file a claim against the driver who caused the accident.

What Does Being “At Fault” for a Car Accident Mean?

Fault for an accident claim refers to blame. It is the responsibility for causing the car accident. If a party is at fault for causing a car accident, they can be liable for the damages caused by the crash. Examples of situations that might result in a driver being liable for damages include:

  • The driver fails to yield the right of way by running a red light
  • A driver rear-ends another vehicle because they are texting while driving
  • A truck driver falls asleep because they are fatigued from driving too long without a break
  • A driver driving too fast for the conditions and strikes a bicyclist
  • A person was driving under the influence of alcohol and crashed into a pedestrian

An injured party has the burden of proving the other driver caused the crash to recover compensation for damages. If the at-fault driver has liability insurance coverage, the insurance company may pay damages. Your legal options after a car accident that was not your fault depend on several factors.

What Are My Options if I Don’t Have Insurance and a Car Accident Is Not My Fault?

Personal Protection Insurance (PIP) is required for all drivers in the amount of $10,000. You could file a claim with your insurance provider if you had the required no-fault insurance. PIP covers a portion of your medical bills and lost wages, regardless of who caused an accident.

Generally, Florida insurance laws limit your option to a PIP claim, even if the other driver caused the accident. The law makes an exception for serious injuries. Serious injuries include permanent disability, significant disfigurement, and death. Therefore, if the other driver caused the accident and you sustained serious injuries you can pursue a claim against the driver.

If a driver has liability insurance, their insurance company may pay the claim if you prove fault. You may need to file a lawsuit if the at-fault driver does not have insurance or their insurance company denies your claim.

Can I Recover Compensation for an Accident if I’m Partially to Blame?

Florida’s contributory fault laws do not bar damages for a car accident unless you are more than 50% to blame for causing the crash. If your portion of the blame is less than 50 percent, you could recover some of your damages in a lawsuit. However, the court reduces the amount of your damages awarded by the percentage of fault assigned to you by the jury.

Florida’s modified comparative negligence law became effective on March 24, 2023. Before that date, Florida did not impose a bar rate for contributory fault.

Damages Available for a Car Accident in Florida When You Are Not at Fault

A liability claim can result in significantly more compensation than a no-fault insurance claim. PIP only pays a portion of your economic and non-economic damages. Liability claims include the full value of all monetary losses. Examples of damages for a car accident claim include:

The amount you receive for a car accident claim depends on the factors involved in your case. An attorney can review your case and advise how certain factors could impact your settlement amount.

Learn More About Car Accident Claims During a Free Consultation

Florida insurance laws for car accident claims can be confusing. Learn about your legal options for compensation during a free consultation with our Clearwater personal injury lawyers. Call Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers to talk with an attorney.

Contact the Pinellas County Car Accidents Law Firm Of Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers for Help

For more information, please contact the Clearwater and St. Petersburg [RELATED PRACTICE AREA] law firm of Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers at the nearest location to schedule a free consultation today.

We serve Pinellas County and its surrounding areas:

Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers – Clearwater
1875 N Belcher Rd. STE 201,
Clearwater, FL 33765
(727) 796-8282

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2560 1st Ave S,
St. Petersburg, FL 33712
(727) 349-1728