Accident Settlement Calculator

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Florida Car Accident Settlement Calculator

In Florida, you generally have 2 years to file an injury lawsuit, you recover nothing if more than 50% at fault, and drivers need no bodily injury liability coverage; it is a no-fault state, so your own PIP pays first. Enter your numbers below to see what a Florida claim may be worth and what you would actually take home.

Florida changed its fault rule and deadline on March 24, 2023. You recover nothing if you are more than 50% at fault, and the negligence lawsuit deadline is 2 years (HB 837). This calculator already applies the new rule. See all recent changes
1

Your accident

How serious is the injury?
2

Your costs so far

That's all you need for a first estimate. Rough numbers are fine.

Optional: make the estimate more accurate fault, insurance, lawyer fee
3

Fault and future costs

4

Insurance

5

What comes out of it

Florida rules in 30 seconds

If you were partly at faultYou get nothing if you are more than 50% at fault
Details & exceptions

Since HB 837 (Ch. 2023-15, signed March 24, 2023), an injured person found more than 50 percent at fault for their own harm recovers nothing; at 50 percent or less, damages are reduced by their share of fault. Cases filed before March 24, 2023 remain under the old pure comparative rule; medical negligence claims are excluded from the bar.

Compare fault rules in all states →
Deadline to file a lawsuit2 years from the accident
Details & exceptions

HB 837 reduced the period for actions founded on negligence from 4 years to 2 years (s. 95.11(4)(a)) for causes of action accruing after March 24, 2023; accidents on or before that date keep the old 4-year period. Vehicle property damage is unsettled: s. 95.11(3)(g) still provides 4 years for 'an action for taking, detaining, or injuring personal property', while negligence claims are 2 years; the safe deadline is 2 years. Claims against the state or its agencies/subdivisions: written claim to the agency (and, except for municipalities/counties, the Department of Financial Services) within 3 years of accrual, and suit within 4 years (s. 768.28(6), (14)). Sovereign immunity caps recovery at $200,000 per person / $300,000 per incident unless the Legislature approves more (s. 768.28(5)).

Compare deadlines in all states →
Other driver's minimum insuranceNo injury coverage required
Details & exceptions

Property damage minimum: $10,000. Florida does not require bodily injury liability coverage for most drivers. Owners must carry $10,000 property damage liability (s. 324.022) and $10,000 PIP (s. 627.736). Bodily injury liability of 10/20 (with $10,000 PD) is required as proof of financial responsibility after certain events such as crashes or license suspensions (s. 324.021(7)), and 100/300/50 is required after a DUI conviction after Oct. 1, 2007 (s. 324.023). 2026 bills to repeal PIP and require bodily injury coverage (SB 522 / HB 769) died in committee on March 13, 2026.

Compare minimums in all states →
Who pays your medical billsYour own PIP insurance first (at least $10,000)
Details & exceptions

You can sue for pain, suffering, mental anguish and inconvenience only if the injury involves: (a) significant and permanent loss of an important bodily function; (b) permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement; (c) significant and permanent scarring or disfigurement; or (d) death (s. 627.737(2)). PIP pays up to $10,000 in medical and disability benefits plus $5,000 death benefit regardless of fault (s. 627.736(1)).

See all no-fault states →
Cap on pain and sufferingNo cap for typical car accident claims
Details & exceptions

No general cap for typical car accident injury claims. No statutory cap on noneconomic damages in auto injury cases; instead, the no-fault tort threshold (s. 627.737(2)) controls whether pain and suffering can be claimed at all. The noneconomic caps in s. 766.118 apply only to medical negligence. Claims against government entities are limited by sovereign immunity caps ($200,000/$300,000, s. 768.28(5)). HB 837 also changed evidence rules for medical damages (s. 768.0427), which can affect the value of a claim.

Uninsured motorist coverageOptional
Details & exceptions

Any policy that includes bodily injury liability must include uninsured motorist coverage unless a named insured rejects it in writing on behalf of all insureds (s. 627.727(1)). Because bodily injury liability itself is optional for most drivers, many Florida drivers have no UM coverage.

Worked example: a typical Florida car accident claim

Another driver turned left into you at an intersection in Florida: $15,000 in medical bills, $5,000 in lost wages and a moderate injury that healed in a few months. The insurer says you were 20% at fault for speeding slightly, the other driver has a $100,000 policy, and your lawyer takes 33%. We assume your injury meets the state's serious-injury threshold.

  1. Economic damages$20,000Medical bills + expected future treatment + lost wages.
  2. Left after your own PIP pays$10,000Florida uses no fault insurance. Your own coverage pays up to $10,000 of economic losses, which is not claimed again from the at-fault driver.
  3. Pain and suffering$20,000 – $40,000Multiplier method: economic damages × 2–3 for a moderate injury, minus the economic part itself.
  4. Total claim value$30,000 – $50,000Economic + pain and suffering.
  5. After your share of fault$24,000 – $40,000Florida uses modified comparative negligence (51% bar): you recover nothing if you are 51% or more at fault; otherwise recovery is reduced by your 20%.
  6. Limited by available insurance$24,000 – $40,000At-fault policy limit $100,000 + your UM/UIM $0.
  7. Estimated take-home$15,080 – $25,800Minus attorney fee (33%), case costs and medical liens.

You would take home about $20,440 ($15,080 – $25,800), after the 33% fee and $1,000 in case costs, on top of the $10,000 your own PIP pays.

Typical figures (midpoint of a moderate injury multiplier), no medical liens. Run your own numbersor see the same crash in every state.

How much time do you have to file?

General personal injury deadline only. It can be shorter for claims against a city, county or state agency (often a written notice within months), and longer for minors. Check with a lawyer before relying on it.

Deadline traps in Florida

The 2-year lawsuit deadline is not the only clock. These are the ones people miss:

Crash with a government vehicle or on a public road3 years (written claim)

Present a written claim to the agency within 3 years, and also to the Department of Financial Services for state agencies (not cities or counties). Wait up to 6 months for a decision. Sue within 4 years. Wrongful death: claim within 2 years.

Fla. Stat. 768.28 (2026), Waiver of sovereign immunity in tort actions (Florida Senate)

If the injured person is a child

Florida generally does not pause the 2-year deadline for a child. It is paused only while the child has no parent or guardian, or the parent's interests conflict with the child's.

Fla. Stat. 95.051(1)(i) and (2) (2026), When limitations tolled (Florida Senate)

How fast a Florida insurer must respond

Insurers must acknowledge claim communications 'promptly'. On the insured's written request, they must affirm or deny coverage within 30 days after proof of loss. Injured third parties can demand the at-fault driver's policy limits, due within 30 days.

Fla. Stat. 626.9541(1)(i) (2026), Unfair claim settlement practices (Florida Senate)Fla. Stat. 627.4137 (2026), Disclosure of certain information required (Florida Senate)

If an insurer misses these deadlines, you can file a complaint with the state insurance department. Compare all states:insurance claim deadlines by state.

Next steps after a Florida crash

How no-fault insurance affects a Florida claim

In Florida, your own personal injury protection (PIP) coverage pays your medical bills and lost wages first, regardless of who caused the crash. You can generally pursue the at-fault driver for pain and suffering only if your injury meets the state's threshold. Tick the threshold box in the calculator if that applies to you.

Frequently asked questions

What is a typical car accident settlement in Florida?
It depends on the bills, the injury and fault. Worked example: with $15,000 in medical bills, $5,000 in lost wages and a moderate injury, 20% of the fault and your own PIP paying first, a Florida claim against the other driver is worth about $32,000, and the injured person takes home about $20,440 after a 33% attorney fee and costs. At 51% fault, the same claim pays nothing in Florida.
Is Florida an at-fault or no-fault state for car accidents?
Florida's car insurance system: No-fault. You can sue for pain, suffering, mental anguish and inconvenience only if the injury involves: (a) significant and permanent loss of an important bodily function; (b) permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement; (c) significant and permanent scarring or disfigurement; or (d) death (s. 627.737(2)). PIP pays up to $10,000 in medical and disability benefits plus $5,000 death benefit regardless of fault (s. 627.736(1)).
Is there a cap on pain and suffering in Florida car accident cases?
No general cap for typical car accident injury claims. No statutory cap on noneconomic damages in auto injury cases; instead, the no-fault tort threshold (s. 627.737(2)) controls whether pain and suffering can be claimed at all. The noneconomic caps in s. 766.118 apply only to medical negligence. Claims against government entities are limited by sovereign immunity caps ($200,000/$300,000, s. 768.28(5)). HB 837 also changed evidence rules for medical damages (s. 768.0427), which can affect the value of a claim.
What happens if I was partly at fault for an accident in Florida?
Florida follows modified comparative negligence with a 51% bar: you recover nothing if you are 51% or more at fault, and otherwise your recovery is reduced by your percentage of fault.
How long do I have to file a car accident lawsuit in Florida?
Generally 2 years for personal injury. HB 837 reduced the period for actions founded on negligence from 4 years to 2 years (s. 95.11(4)(a)) for causes of action accruing after March 24, 2023; accidents on or before that date keep the old 4-year period. Vehicle property damage is unsettled: s. 95.11(3)(g) still provides 4 years for 'an action for taking, detaining, or injuring personal property', while negligence claims are 2 years; the safe deadline is 2 years. Claims against the state or its agencies/subdivisions: written claim to the agency (and, except for municipalities/counties, the Department of Financial Services) within 3 years of accrual, and suit within 4 years (s. 768.28(6), (14)). Sovereign immunity caps recovery at $200,000 per person / $300,000 per incident unless the Legislature approves more (s. 768.28(5)).
What is the minimum car insurance in Florida?
Florida does not require bodily injury liability coverage; property damage liability of $10,000 is required. Florida does not require bodily injury liability coverage for most drivers. Owners must carry $10,000 property damage liability (s. 324.022) and $10,000 PIP (s. 627.736). Bodily injury liability of 10/20 (with $10,000 PD) is required as proof of financial responsibility after certain events such as crashes or license suspensions (s. 324.021(7)), and 100/300/50 is required after a DUI conviction after Oct. 1, 2007 (s. 324.023). 2026 bills to repeal PIP and require bodily injury coverage (SB 522 / HB 769) died in committee on March 13, 2026.
What is the deadline to file a claim against the government in Florida?
3 years (written claim). Present a written claim to the agency within 3 years, and also to the Department of Financial Services for state agencies (not cities or counties). Wait up to 6 months for a decision. Sue within 4 years. Wrongful death: claim within 2 years.
How long does an insurance company have to respond to a claim in Florida?
Insurers must acknowledge claim communications 'promptly'. On the insured's written request, they must affirm or deny coverage within 30 days after proof of loss. Injured third parties can demand the at-fault driver's policy limits, due within 30 days.

Related

Official sources