Can You Be Found At Fault if Someone Hits You in Florida?

If another driver hits you on the road in Florida, you’d assume that the other driver would be held legally responsible for the crash. But, state laws regarding fault in car accidents aren’t always so simple. In this article, we’ll explain if you can be found at fault if someone hits you in Florida – and what can be done to protect your best interests. 

Florida is a No-Fault State.

First off, let’s be clear: Florida is a no-fault state for car accidents. Under state law, all drivers must have at least $10,000 of personal injury protection (PIP) insurance, which pays for their own medical bills and property damage after a crash, no matter who was at fault. 

However, there are a few exceptions that would allow someone to seek additional compensation through a personal injury lawsuit. This includes damages that exceed PIP coverage and non-economic losses, like pain and suffering. 

If someone hits you in Florida, they’re likely to be considered at least partially at fault for the crash. Under Florida’s comparative negligence rule, they may still be able to file a lawsuit against you, in certain cases. 

Florida’s Comparative Negligence Rule

In March 2023, Florida began using modified comparative negligence. This standard states that people with injuries from negligence can only receive compensation for damages if they’re determined to be 50% or less responsible for the injuries. Modified comparative negligence blocks them from recovering damages if they’re more than 50% at fault. 

To protect your legal rights after being hit on the road in Florida, it’s best to contact an experienced car accident attorney. We’ll evaluate your case and offer expert representation to ensure you’re not wrongfully held liable. Even if the case never goes to court, we can ensure you receive your rightful compensation from the insurance company. 

Contact us today to get started with an instant case estimate.