3 Key Issues for Florida Car Accident Victims: “No Fault” Insurance, Bad-Faith Insurance Practices and Partial Fault

When you get injured in a car accident, your legal rights are determined by Florida law. Due to some unique aspects of Florida law, understanding your legal rights is often easier said than done. With that said, understanding your legal rights is also extremely important—and this is one of many reasons why it is important to have an experienced Florida accident lawyer on your side.

What You Need to Know About Florida Law After a Car Accident

There are three issues in particular that can play a key role in your claim after a car accident in Florida. These are: (i) Florida’s “no fault” auto insurance law; (ii) Florida’s bad faith insurance practices law; and, (iii) Florida’s contributory fault law that applies in cases involving partial fault.

Here is an introduction to what car accident victims and their families need to know:

1. Florida’s “No Fault” Auto Insurance Law

In most states, if you get injured in a car accident that was someone else’s fault, you can file a claim under the at-fault driver’s auto insurance policy. But, in Florida that’s not necessarily the case.

This is due to Florida’s “no fault” auto insurance law (Section 627.737 of the Florida Statutes). Under this law, filing a claim under the at-fault driver’s insurance policy requires proof of a “significant” or “permanent” injury. If all of your injuries from a car accident are minor, then you are generally limited to filing a claim under your (or a family member’s) personal injury protection (PIP) policy.

With that said, “significant” and “permanent” injuries can take many different forms—and it is important not to make any assumptions when it comes to your legal rights. If you’ve been injured in a car accident, a Florida accident lawyer at our firm can help you understand what type(s) of insurance claim(s) you are eligible to file. Car accident victims can file insurance claims outside of PIP in many cases—and, if you have a claim outside of PIP, this could significantly increase the amount of financial compensation you are eligible to recover.

While the Florida Senate is considering a bill that would eliminate the state’s “no fault” insurance law, this bill is not final—and similar legislative efforts have failed in the past. The pending bill also includes an effective date of July 1, 2026. As a result, Florida’s “no fault” insurance law will continue to apply for at least the foreseeable future.

2. Florida’s Bad Faith Insurance Practices Law

Another important law for car accident victims in Florida is the state’s bad faith insurance practices law. This law (Section 624.155 of the Florida Statutes) entitles car accident victims and other claimants to additional compensation when an insurance company fails to, “attempt[] in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests.”

This law prohibits insurance companies from engaging in bad faith at all stages of the claims handling process—from conducting investigations to conducting settlement negotiations. However, there is a fine line between a vigorous defense and bad faith, and the insurance companies are well within their rights to dispute victims’ and families’ claims by all legal means available. For example, it generally is not bad faith for an insurance company to:

• Raise valid questions about the potential cause (or causes) of a car accident;
• Strictly enforce deadlines and other technical and procedural requirements; or,
• Require claimants to prove the damages they are entitled to recover.

These are also important reasons to have an experienced Florida accident lawyer on your side. An experienced lawyer will be familiar with the insurance companies defense tactics—and will know when these tactics cross the line into insurance bad faith. An experienced lawyer will also be able to assist with gathering the evidence needed to prove your legal rights and the amount of damages you deserve.

3. Florida’s Contributory Fault Law

One way insurance companies often attempt to defend against car accident claims is by blaming victims for their own injuries. When this happens, Florida’s contributory fault law comes into play.

Florida’s contributory fault law (Section 768.81 of the Florida Statutes) applies in cases involving partial fault. The law states:

“[C]ontributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and noneconomic damages for an injury attributable to the claimant’s contributory fault . . . [and] any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages.”

What this means is that if you are found to be partially at fault in a car accident, the amount that you are entitled to recover will be reduced based on your percentage of fault—as long as you were 50 percent at fault or less. If you were more than 50 percent at fault, you are not entitled to any financial compensation for the accident.

As you might imagine, the insurance companies will often try to use allegations of partial fault to reduce (or eliminate) their liability for accident victims’ injuries. To make sure the insurance companies do not unfairly accuse you of being partially at fault, you need your own evidence of liability. When you hire an experienced Florida accident lawyer to represent you, your lawyer will work quickly to gather the evidence you need, and then your lawyer will present this evidence to the insurance companies on your behalf.

Get the Help You Need from an Experienced Florida Accident Lawyer at Searcy Denney

Do you need to know more about how to protect your legal rights after a car accident in Florida? If so, we encourage you to contact us promptly for a free, no-obligation consultation. To get the help you need from an experienced Florida accident lawyer at Searcy Denney, call 800-780-8607 or tell us how we can help online today.