Is Florida an At-Fault or No-Fault State?
Who pays after a crash depends on the fault system your state uses.
- Fault system
- No-fault
Your own personal injury protection pays your medical bills and lost wages first, whoever caused the crash. Under § 627.737(1) an insured driver is exempt from tort liability for bodily injury to the extent PIP benefits are payable.
- Comparative negligence rule
- Modified comparative — 51% bar
A party found more than 50% at fault for their own harm recovers nothing (§ 768.81(6)); Florida used pure comparative fault before HB 837 (ch. 2023-15). Separately, no-fault bars a claim for pain and suffering unless the injury is a significant and permanent loss of an important bodily function, a permanent injury, significant and permanent scarring or disfigurement, or death (§ 627.737(2)).
- PIP minimum limit
- $10,000
What changed
March 24, 2023
Comparative fault changed from pure to modified with a 51% bar
HB 837 (ch. 2023-15) added s. 768.81(6): a party found more than 50 percent at fault for their own harm may not recover any damages. Before March 24, 2023 Florida was a pure comparative fault state where a claimant 90% at fault could still recover 10% of their damages. Medical negligence claims under chapter 766 are excluded from the new bar.
Florida Senate — CS/CS/HB 837 (2023)