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Can I still get compensation if I was partly at fault for a car accident in Florida
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Being Partly at Fault Does Not Automatically End Your Claim
Florida uses a modified comparative-fault rule for car accident claims (§768.81). This is general information, not legal advice. How fault is divided, and what it means for your specific claim, depends on facts a professional needs to review. Confirm your situation with an attorney or your insurer before assuming your claim is over.
Your Own PIP Benefits Usually Pay Regardless of Fault
Florida's no-fault system means your own Personal Injury Protection (PIP) coverage, under §627.736, typically pays some of your costs no matter who caused the crash:
- 80% of covered medical expenses
- 60% of lost wages
- Up to a combined $10,000
- Subject to your policy's deductible
Collision coverage and claims against the other driver's property damage work differently from PIP. Check with your insurer or a professional about how those apply in your case.
The 14-Day Rule Still Applies
Under §627.736, you generally need to get medical care within 14 days of the crash or you risk losing PIP benefits. This deadline applies whether or not you were partly at fault. If you haven't seen a doctor yet, don't wait to confirm whether this deadline still applies to you.
The 2-Year Deadline to File Still Applies
Florida's statute of limitations for car accident claims is currently 2 years, under HB 837, counted from your crash date. This deadline can have exceptions, and it depends on facts this guide cannot verify. Being partly at fault does not pause or extend this clock.
Before You Talk to the Other Driver's Insurer
Do not sign a release or give a recorded statement to the other driver's insurer before getting advice — especially if fault is shared or disputed. Personal-injury consultations in Florida are typically free and contingency-based, so there is usually no cost to check first if you have injuries beyond soreness.
- Request the police report.
- Notify your own insurer.
- Keep your medical and repair records.
What to Do Next
Car Accident Clock FL is free and works from your own document or numbers. Describe your crash, and it computes your 14-day and 2-year dates from your crash date, explains what PIP does and doesn't cover, and can draft a letter opening your claims with your own carrier. It is not legal advice, cannot assess fault or value your case, and is not affiliated with any insurer, clinic, law firm, or agency.
Car Accident Clock FL is an informational tool based on Florida Statutes 627.736, 627.737, 95.11 and 768.81 (as amended by HB 837, 2023) as of 2025–26. It is not legal advice, does not file claims or lawsuits, and cannot assess fault or value. Deadlines have exceptions and run from facts this tool cannot verify. It is not affiliated with any insurer, clinic, law firm or agency.