InterCore · Insurance Coverage Reference
Florida Personal Injury Insurance Coverage Reference
Florida is a no-fault state for personal injury claims. The minimum auto liability limits are 10/20/10, the statute of limitations for injury claims is 2 years, and Florida follows the pure comparative negligence rule. Drivers must carry $10,000 in PIP.
On this page
State legal factsCar AccidentsMotorcycle AccidentsTruck AccidentsUber & Lyft AccidentsSlip & Fall AccidentsPedestrian AccidentsBicycle AccidentsWrongful DeathPremises LiabilityProduct LiabilityConstruction AccidentsDog Bite InjuriesDrunk Driving AccidentsHit & Run AccidentsBrain, Burn & Spinal Cord InjuriesBirth InjuriesBus & Transit AccidentsBoat AccidentsSexual Abuse & Harassment LitigationFAQKey takeaways
Florida personal injury legal facts
| Factor | Florida |
|---|---|
| Fault system | No-fault · PIP $10,000 |
| Negligence rule | Pure comparative |
| Minimum liability limits | 10/20/10 |
| Injury statute of limitations | 2 years |
| Wrongful-death SoL | 2 years |
| Government claim deadline | 3 years (presuit notice, Fla. Stat. §768.28) |
| UM / UIM | $10K PIP + $10K PDL required; bodily-injury liability is not mandatory for most drivers. |
| Dog-bite rule | Strict liability by statute (Fla. Stat. §767.04) — no one-bite rule. |
| Dram shop | Limited (§768.125) — liability for serving a minor or a habitually addicted person. |
| Damage caps | 2023 tort reform (HB 837) cut the PI statute of limitations to 2 years and modified comparative fault. |
Car Accidents
| Defendant Type | Policy Range (est.) | Insurance Structure | Strategic Notes |
|---|---|---|---|
| Personal auto (at-fault driver) | $10K/$20K/$10K minimum – $250K+ | Bodily-injury liability (state minimum 10/20/10) | No-fault state — PIP $10,000 pays first; a tort threshold gates lawsuits. |
| Commercial / fleet vehicle | $1M – $5M | Commercial auto + umbrella excess | UM/UIM: $10K PIP + $10K PDL required; bodily-injury liability is not mandatory for most drivers. |
| Government / municipal vehicle | Variable (self-insured) | Self-insured or risk pool | Government claim deadline: 3 years (presuit notice, Fla. Stat. §768.28). |
Motorcycle Accidents
| Defendant Type | Policy Range (est.) | Insurance Structure | Strategic Notes |
|---|---|---|---|
| At-fault driver (auto policy) | $10K/$20K/$10K minimum – $250K+ | Auto bodily-injury liability | Pure comparative fault — damages reduced by the client's own share, never fully barred. |
| Underinsured at-fault driver | $50K – $1M+ | Client's own UM/UIM | UM/UIM: $10K PIP + $10K PDL required; bodily-injury liability is not mandatory for most drivers. |
Truck Accidents
| Defendant Type | Policy Range (est.) | Insurance Structure | Strategic Notes |
|---|---|---|---|
| Interstate motor carrier | $750K – $5M | FMCSA federal minimum by cargo type (49 CFR §387) | Federal floor is constant nationwide; layered excess on catastrophic loss. |
| Local / intrastate truck | $300K – $1M | State commercial auto | Pure comparative fault — damages reduced by the client's own share, never fully barred. |
| Broker / shipper (Nuclear verdict exposure) | $5M – $50M+ | Contingent auto + excess towers | Negligent-hiring and vicarious-liability theories widen the defendant pool. |
Slip & Fall Accidents
| Defendant Type | Policy Range (est.) | Insurance Structure | Strategic Notes |
|---|---|---|---|
| Homeowner / renter | $100K – $500K | Homeowners / renters liability | Pure comparative fault — damages reduced by the client's own share, never fully barred. |
| Commercial premises | $1M – $5M | Commercial general liability (CGL) | Notice, mode-of-operation, and open-and-obvious defenses are common. |
Pedestrian Accidents
| Defendant Type | Policy Range (est.) | Insurance Structure | Strategic Notes |
|---|---|---|---|
| At-fault driver | $10K/$20K/$10K minimum – $250K+ | Auto bodily-injury liability | No-fault state — PIP $10,000 pays first; a tort threshold gates lawsuits. |
| Hit by uninsured driver | $25K – $1M+ | Client's own UM coverage | UM/UIM: $10K PIP + $10K PDL required; bodily-injury liability is not mandatory for most drivers. |
Bicycle Accidents
| Defendant Type | Policy Range (est.) | Insurance Structure | Strategic Notes |
|---|---|---|---|
| At-fault driver | $10K/$20K/$10K minimum – $250K+ | Auto bodily-injury liability | Pure comparative fault — damages reduced by the client's own share, never fully barred. |
| Underinsured driver | $50K – $1M+ | Cyclist's own auto/UM policy | UM/UIM often applies to cyclists: $10K PIP + $10K PDL required; bodily-injury liability is not mandatory for most drivers. |
Wrongful Death
| Defendant Type | Policy Range (est.) | Insurance Structure | Strategic Notes |
|---|---|---|---|
| At-fault individual / driver | $10K/$20K/$10K – $1M+ | Liability + umbrella | Wrongful-death SoL: 2 year(s). Pure comparative fault — damages reduced by the client's own share, never fully barred. |
| Government entity | Variable (statutory caps) | Self-insured / risk pool | Government claim deadline: 3 years (presuit notice, Fla. Stat. §768.28). Damage caps: 2023 tort reform (HB 837) cut the PI statute of limitations to 2 years and modified comparative fault. |
Premises Liability
| Defendant Type | Policy Range (est.) | Insurance Structure | Strategic Notes |
|---|---|---|---|
| Property owner / operator | $1M – $5M | Commercial general liability | Pure comparative fault — damages reduced by the client's own share, never fully barred. |
| Property management / third party | $1M – $10M | CGL + additional-insured endorsements | Negligent-security claims add a distinct liability layer. |
Product Liability
| Defendant Type | Policy Range (est.) | Insurance Structure | Strategic Notes |
|---|---|---|---|
| Manufacturer | $5M – $50M+ | Product liability + excess towers | Damage caps: 2023 tort reform (HB 837) cut the PI statute of limitations to 2 years and modified comparative fault. |
| Distributor / retailer | $1M – $10M | CGL + vendor endorsements | Strict products liability broadens the defendant chain. |
Construction Accidents
| Defendant Type | Policy Range (est.) | Insurance Structure | Strategic Notes |
|---|---|---|---|
| General contractor / sub | $1M – $10M | CGL + wrap-up (OCIP/CCIP) | Cal/OSHA-equivalent violations support negligence per se; workers' comp is the exclusive remedy against a direct employer. |
| Property owner / developer | $2M – $25M | Owner-controlled excess | Pure comparative fault — damages reduced by the client's own share, never fully barred. |
Dog Bite Injuries
| Defendant Type | Policy Range (est.) | Insurance Structure | Strategic Notes |
|---|---|---|---|
| Homeowner / renter policy | $100K – $500K | Homeowners / renters liability | Florida rule: Strict liability by statute (Fla. Stat. §767.04) — no one-bite rule. |
| Landlord (dangerous-dog notice) | $300K – $1M | Landlord liability | Landlord liability attaches with knowledge of a dangerous dog on the premises. |
Drunk Driving Accidents
| Defendant Type | Policy Range (est.) | Insurance Structure | Strategic Notes |
|---|---|---|---|
| Intoxicated at-fault driver | $10K/$20K/$10K – $250K+ | Auto liability (punitive often excluded) | Pure comparative fault — damages reduced by the client's own share, never fully barred. |
| Bar / social host (dram shop) | $500K – $2M | Liquor-liability / CGL | Dram shop: Limited (§768.125) — liability for serving a minor or a habitually addicted person. |
Hit & Run Accidents
| Defendant Type | Policy Range (est.) | Insurance Structure | Strategic Notes |
|---|---|---|---|
| Unidentified driver | $25K – $1M+ | Client's own UM coverage | UM/UIM: $10K PIP + $10K PDL required; bodily-injury liability is not mandatory for most drivers. |
| Negligent third party (e.g., employer) | $500K – $5M | Commercial liability | No-fault state — PIP $10,000 pays first; a tort threshold gates lawsuits. |
Brain, Burn & Spinal Cord Injuries
| Injury Type | Policy Trigger Effect | Key Damages | Strategic Notes |
|---|---|---|---|
| Traumatic brain injury | Triggers full policy + excess | Lifetime care & lost-earning-capacity damages | Damage caps: 2023 tort reform (HB 837) cut the PI statute of limitations to 2 years and modified comparative fault. |
| Severe burn injury | Triggers full policy + excess | Reconstructive care, disfigurement, pain & suffering | Pure comparative fault — damages reduced by the client's own share, never fully barred. |
| Spinal cord injury / paralysis | $5M – $50M+ | Life-care plan + home/vehicle modification | No-fault state — PIP $10,000 pays first; a tort threshold gates lawsuits. |
Birth Injuries
| Defendant Type | Policy Range (est.) | Insurance Structure | Strategic Notes |
|---|---|---|---|
| Hospital / physician (OB negligence) | $1M – $10M+ | Medical malpractice + Patient Compensation Fund | Med-mal / damage caps: 2023 tort reform (HB 837) cut the PI statute of limitations to 2 years and modified comparative fault. |
| Nursing / anesthesiology group | $1M – $5M | Professional liability | Longer minority tolling often extends the filing window; base injury SoL is 2 year(s). |
Bus & Transit Accidents
| Defendant Type | Policy Range (est.) | Insurance Structure | Strategic Notes |
|---|---|---|---|
| Municipal transit authority | Variable (statutory caps) | Self-insured / risk pool | Government claim deadline: 3 years (presuit notice, Fla. Stat. §768.28). |
| Private bus / charter operator | $1.5M – $5M | FMCSA passenger-carrier minimums + excess | Federal passenger-carrier minimums (49 CFR §387) apply to interstate operators. |
Boat Accidents
| Defendant Type | Policy Range (est.) | Insurance Structure | Strategic Notes |
|---|---|---|---|
| Recreational boat owner | $300K – $1M | Watercraft liability / homeowners rider | Pure comparative fault — damages reduced by the client's own share, never fully barred. |
| Commercial vessel / crew | $1M – $25M | Protection & Indemnity (P&I) | The federal Jones Act and general maritime law govern crew injuries — a separate remedy from state PI. |
Sexual Abuse & Harassment Litigation
| Defendant Type | Policy Range (est.) | Insurance Structure | Strategic Notes |
|---|---|---|---|
| Institution / employer | $1M – $50M+ | CGL + abuse-and-molestation coverage / excess | Negligent-supervision and retention theories reach the institution's tower. |
| Individual perpetrator | Often uninsured (intentional-act exclusion) | Personal assets | Base injury SoL is 2 year(s); many states have enacted revival windows for childhood abuse claims. |
Questions this reference answers
What insurance covers a Florida injury claim? Auto liability (min 10/20/10), PIP/UM, homeowners, and commercial policies by defendant type.
Who pays the claim? PIP pays first ($10,000); tort liability applies past the threshold.
When must a claim be filed? Within 2 years (personal injury); 3 years (presuit notice, Fla. Stat. §768.28) against government entities.
Why does fault matter here? Florida follows the pure comparative rule — it changes what an injured client can recover.
Where does this apply in Florida? Statewide; local courts and the state insurance department administer disputes.
How much coverage is typically available? From state-minimum auto policies to $1M–$50M+ commercial and excess towers on catastrophic claims.
States bordering Florida
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Florida insurance & injury FAQ
Is Florida a no-fault state?
Yes. Florida is a no-fault state requiring $10,000 in PIP, which pays first regardless of fault.
How long do I have to file a Florida personal injury claim?
The Florida statute of limitations for personal injury is 2 years (wrongful death: 2 years). Claims against government entities have a shorter deadline: 3 years (presuit notice, Fla. Stat. §768.28).
What are the minimum car insurance limits in Florida?
Florida's minimum auto liability limits are 10/20/10 (bodily injury per person / per accident / property damage). $10K PIP + $10K PDL required; bodily-injury liability is not mandatory for most drivers.
How does fault affect a Florida injury claim?
Florida follows the pure comparative negligence rule. Your recovery is reduced by your percentage of fault but is never fully barred.
What is the dog-bite rule in Florida?
Strict liability by statute (Fla. Stat. §767.04) — no one-bite rule.
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Sources & references
Policy ranges are estimates based on Florida commercial insurance norms and do not constitute legal advice. Statutes and minimum limits change; verify current requirements with the Florida Department of Insurance and a licensed attorney before relying on any figure.
