If you’re in a car accident in Florida without auto insurance, you could be paying for damages out of pocket—and you’ll face legal repercussions for failing to meet the state’s minimum auto insurance requirements.
Finding affordable car insurance can be a challenge—and in Florida, where the average cost of full coverage is over double the national average, finding a policy that fits your budget can feel next to impossible. But that doesn’t mean cheap car insurance isn’t out there! Jerry
, the insurance comparison super app, can help you find low car insurance rates in Florida
in under a minute. But what if you’ve already gotten into an accident without insurance? Don’t panic—Jerry is here with a guide to car accidents without insurance in Florida. We’ll walk you through what to do (and what not to do), discuss the possible penalties for driving without insurance, and help you understand your state’s minimum insurance requirements so you can find the right car insurance
policy for you. Compare insurance quotes from 50+ carriers with Jerry in under 45 seconds
Compare insurance quotes from 50+ carriers with Jerry in under 45 seconds
4.7/5 rating on the App Store | Trusted by 5+ million customers and 7 million cars4.7/5 app rating | Trusted by 5M+ drivers What to do if you’re in a car accident without insurance in Florida and not at fault
Driving without auto insurance in the state of Florida is a crime that can result in serious penalties such as loss of license and expensive fines. Yet, according to data collected by the Insurance Research Council
, nearly one in five Florida drivers lack sufficient insurance coverage—so if you’re in an accident without insurance in Florida, here’s what to do. Firstly, do not leave the scene of the accident. While you may be tempted to drive off before you can be caught without valid insurance coverage, doing so could actually lead to significantly more trouble. If you fail to stay at the scene of the crash—regardless of whether or not you have insurance or who’s at fault—you’ll be committing a hit-and-run, which is considered a misdemeanor or felony offense under Florida state law depending on the severity of the damages.
Florida Statute 316.061 outlines the penalties for a hit-and-run charge as follows:
Up to $500 in fines and 60 days in jail for property damage
Up to $5,000 in fines and five years in prison for minor injury
Up to $10,000 in fines and up to 15 years in prison for serious injury
Up to $10,000 in fines, up to 30 years in prison, and loss of license for an accident that involved death
In summary, it’s essential you stay at the site of the crash and, if necessary, offer assistance to any other parties injured in the accident, whether they be another driver or passenger. You should also cooperate in providing relevant personal information to other drivers involved in the crash as well as law enforcement, such as your driver’s license number, name, and address.
Additionally, it’s a good idea to document the accident by taking pictures or collecting evidence while you’re there, as this can help prove later on that you weren’t at fault.
Since Florida is a no-fault state, other individuals involved in the accident should be covered for their own damages and medical expenses via their personal injury protection
(PIP) coverage. The bad news is, you could be responsible for paying your own damages out of pocket—and if you’re determined to be responsible for causing the accident, you could face further financial repercussions.
Who decides fault in a car accident in Florida?
Florida’s no-fault system generally requires individual drivers to first turn to their own insurance company for financial recompense following an accident. This means that, in the case of minor car accidents, fault generally isn’t determined—rather, each driver is instead responsible for covering their own expenses (this is where PIP comes in).
However, in instances of major accidents or when accidents result in personal injury, a court will typically assign fault based on the rule of comparative negligence
, which allocates a percentage of fault to each involved driver. Depending on how much you’re at fault, you could receive reduced compensation for damages. If you are not at fault in an accident while uninsured, you should provide evidence of the other driver’s fault in your claim with their insurance company. Photographs can go a long way in demonstrating that you were not at fault nor financially responsible for another driver’s expenses. In some cases, you may be able to claim damages after a car accident without insurance coverage if you weren’t at fault.
Do you need to report a car accident in Florida?
Sometimes. If you’re involved in an accident that results in either injury or death to another person, or which causes a minimum of $500 or more in estimated property damages, Florida law states that you must call local law enforcement to report the accident.
On the other hand, if the accident didn’t cause $500 in estimated damages or result in any injury or death, you’re not legally required to report it—although it’s still a crime to leave the scene of the crash.
What if you’re at fault?
If you were at fault in an accident while uninsured, the consequences can become serious. Because Florida is a comparative negligence state, you’ll be financially responsible for your portion of the other driver’s vehicle repairs and medical bills, and that driver can file a personal injury lawsuit to recover these damages if you are without insurance.
What if you’re hit by an uninsured driver in Florida?
Florida has one of the highest percentages of uninsured motorists in the country—so it’s a good idea to carry uninsured motorist coverage
(commonly referred to as UMC) in addition to the state’s minimum insurance requirements (more on those below). Your PIP coverage should protect you from paying any damages out of pocket, at least up to the initial $10,000 limit. If you carry uninsured motorist coverage, that insurance should also kick in to help cover additional costs like medical bills, lost wages, vehicle repairs, and property damage. You can also add collision coverage
to your policy (if you don’t already have it) which will enable you to file a claim with your insurance company to help cover the cost of vehicle repairs. But if you or one of your passengers sustained an injury as a result of an accident with an uninsured driver, you’re also entitled to file a lawsuit against the uninsured driver and sue for the cost of damages.
Remember: the Insurance Information Institute
estimates over 20% of Florida drivers are uninsured, making your chances of getting into an accident with someone who lacks sufficient liability coverage around one in four. With those odds, it’s worth protecting yourself (and your wallet) with additional coverages like UMC and collision coverage. Penalties for driving without insurance in Florida
The penalties for driving with insurance coverage in Florida are extensive—not to mention expensive.
As outlined in The 2022 Florida Statutes Chapter 316.646
, failure to carry auto insurance in the Sunshine State can result in a suspension or revocation of your license and license plates for a period of months or even years depending on the severity of the offense. You could also face additional points on your license, along with fees to reinstate it: For a first-time offender, a mandatory license reinstatement fee of $150 is required, along with proof that you’ve purchased non-cancelable insurance coverage.
For subsequent offenses, you could face a reinstatement fee up to $500, and you’ll need to again prove you’ve purchased sufficient, non-cancelable coverage.
An SR-22 may be required before you can reinstate your Florida driver’s license, which is a form of proof of financial responsibility required after major driving offenses. In Florida, your insurance company usually files the form on your behalf as proof of coverage—but having one can also cause your premium to skyrocket.
These penalties are fairly strict; you can’t go purchase insurance after an accident and try to use it retroactively, and you can’t appeal the charges once they’ve been made. The only exception is if you did have insurance coverage at the time of the accident, but simply didn’t have proof of insurance
with you. Failure to show proof of insurance is still a violation that could result in license suspension or fines—but if you’re able to appear in court with proof that you were insured at the time of the accident, the court may let you off with a simple $10 mandatory administrative fee. Minimum required car insurance in Florida
Every state has its own minimum insurance requirements for drivers, most of which generally include some combination of liability coverage and bodily injury liability.
However, given that Florida is one of 12 no-fault states
, the minimum insurance requirements are slightly different. Specifically, Florida law mandates that drivers must carry: $10,000 of personal injury protection (PIP) coverage per person
While bodily injury coverage
isn’t technically required by state law, drivers who choose not to carry it must be able to prove that they have the ability to cover potential medical expenses for injured drivers in the event of an accident on their own. The exception comes with drivers convicted of DUIs. If you’re convicted of a DUI in Florida, you’ll be required by law to carry bodily injury liability for at least three years
following the reinstatement of your license. Driving without insurance can increase premiums
Car insurance can be expensive—but if you’re caught driving without it
, you’ll actually wind up paying more to insure your vehicle after the fact. This is especially true if you’re ever in an accident without insurance—accidents alone can already raise your rates, but if you didn’t have coverage to begin with, you’ll end up paying much more in the end. How to find cheap car insurance in Florida
We get it—meeting your state’s minimum insurance requirements can be costly. In Florida, drivers pay some of the highest rates in the country. But the potential consequences of driving without legal coverage are even more costly.
That’s why Jerry
was designed to help drivers find affordable car insurance
that doesn’t break the bank. A licensed insurance broker, Jerry uses your driver’s profile to find the lowest rates for you—and with over 55 name-brand insurance providers to choose from, you can be sure you’re always getting the best deals. We’ll show you the cheapest options out there, and even help you sign up or swap providers. Downloading Jerry is totally free, and the average user saves over $800 a year on car insurance.
“Using Jerry
is a super straightforward process, and at each step, you can see exactly what coverage you’re paying for. Thanks to Jerry, I’m paying $900 less each year while keeping full coverage for my new car!” —Martin H.
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