Florida car accident settlements average around $72,000, but the state's rules changed significantly in 2023 โ anyone researching an older Florida car accident case online may be reading outdated information.
A Recent Law Change: Pure to Modified Comparative Fault
Until 2023, Florida used pure comparative fault, meaning claimants could recover damages regardless of their percentage of fault. That changed with a 2023 law switching Florida to modified comparative fault with a 51% bar โ if you're found 51% or more at fault for an accident occurring after the law took effect, you cannot recover anything. This is a major shift, and it makes fault documentation more important in Florida today than it was just a few years ago.
โ ๏ธ If your accident happened before the 2023 law change, the old pure comparative fault rule may still apply to your claim โ this is an important detail to confirm with a licensed Florida attorney.
Florida Is a No-Fault State: PIP Requirements
Florida requires Personal Injury Protection (PIP) coverage, meaning your own insurer pays your initial medical bills and lost wages regardless of who caused the accident. To step outside the no-fault system and sue the at-fault driver for pain and suffering, your injury generally must meet a "serious injury" threshold โ permanent injury, significant scarring, or similar. Insurance minimum coverage in Florida is 10/20/10, among the lowest in the country, which makes Underinsured Motorist coverage particularly valuable here.
Why Florida Settlements Run High Despite Low Insurance Minimums
Florida's dense population, heavy tourist traffic, and high concentration of older drivers all contribute to a high accident volume and, in serious cases, settlements that reflect substantial medical costs โ even though the state's minimum insurance requirements are relatively low.
Frequently Asked Questions
What is the average car accident settlement in Florida?
Approximately $72,000.
Did Florida's fault rule change recently?
Yes โ Florida switched from pure to modified comparative fault (51% bar) in 2023, a significant change from its prior rule.
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