Florida · Comparative fault · Updated Oct 2026

Comparative fault in Florida: who pays when both drivers share the blame

How modified comparative fault with a 51% bar works in Florida, the law behind it and how insurers apply it.

Short answer

In Florida, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Rule
Modified (51% bar)
You recover nothing at
51% of the fault or more
Law
Fla. Stat. § 768.81(6): if you are more than 50% at fault for your own harm, you get nothing (does not apply to medical negligence)
Insurance system
No-fault

Insurance and small claims in Florida

Every car owner must carry $10,000 of personal injury protection (PIP). It pays 80% of your reasonable medical bills and 60% of lost income, whoever caused the crash, plus a $5,000 death benefit.

Small claims limit for car damage in Florida: $8,000 (court costs, interest and attorney's fees don't count toward it). Florida small claims guide on Small Claims Map

How fast an insurer must handle a claim in Florida

  • PIP benefits are overdue if not paid within 30 days after the insurer gets written notice of the loss and the amount (Fla. Stat. § 627.736(4)(b)).
  • Once you and an insurer agree in writing to settle a claim, it must pay within 20 days, or the payment earns 12% interest a year (Fla. Stat. § 627.4265).
  • DFS says no statute sets a timeframe for settling a car damage claim.
  • If nothing has happened after 30 days, you can submit a concern to DFS.

More facts for Florida

  • A 2026 bill to repeal Florida's no-fault law (SB 522) died in committee on March 13, 2026, so PIP is still required (flsenate.gov).

Recent changes in Florida

  • The 2026 no-fault repeal bills (SB 522 / HB 769) died on March 13, 2026.
  • Ch. 2024-183 renumbered § 95.11, so the 2-year negligence deadline (HB 837, 2023) is now § 95.11(5)(a).

If the insurer says you were partly at fault

  1. Get the police report. Buy a copy through the FLHSMV Florida Crash Portal. Reporting a crash in Florida and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to Florida Department of Financial Services, Division of Consumer Services.
  4. Sue before the deadline: 2 years for both property damage and injury. Deadlines to sue in Florida, with the calculator

Who pays in Florida: fault and payout explainer

Modified comparative fault (51% bar)In Florida, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Free help in Florida

Questions about comparative fault in Florida

Is Florida a comparative negligence state?

Yes, modified comparative negligence with a 51% bar. Fla. Stat. § 768.81(6): if you are more than 50% at fault for your own harm, you get nothing (does not apply to medical negligence)

Does fault still matter in Florida's no-fault system?

Florida is a no-fault state for injuries: your own personal injury protection (PIP) pays your first medical bills and lost income, whoever caused the crash. You can sue the other driver for injuries only in some cases, described below. Every car owner must carry $10,000 of personal injury protection (PIP). It pays 80% of your reasonable medical bills and 60% of lost income, whoever caused the crash, plus a $5,000 death benefit.

Where can I complain if an insurer blames me unfairly in Florida?

Florida Department of Financial Services, Division of Consumer Services: https://www.myfloridacfo.com/division/consumers · 1-877-693-5236

How fast must an insurer handle a car insurance claim in Florida?

PIP benefits are overdue if not paid within 30 days after the insurer gets written notice of the loss and the amount (Fla. Stat. § 627.736(4)(b)). Once you and an insurer agree in writing to settle a claim, it must pay within 20 days, or the payment earns 12% interest a year (Fla. Stat. § 627.4265).

How do I get the police report in Florida?

Buy a copy through the FLHSMV Florida Crash Portal. The fee is $10 per report plus a $2 convenience fee per transaction, and you download it within 48 hours. You can also get it by mail or at the nearest FHP troop station with a signed sworn statement. For the first 60 days, only the people in the crash, their lawyers, insurers and a few others can get it. https://www.flhsmv.gov/traffic-crash-reports/

More for Florida drivers

Nearby states

Sources

Last checked: Oct 24, 2026.