Florida Car Accident Defense
Defending a Florida car accident claim leans on three things: the no-fault/PIP system and the serious-injury threshold (a plaintiff must clear it to recover pain-and-suffering damages), modified comparative negligence to allocate fault to the plaintiff or others, and the two-year filing deadline.
By Find Local Law Editorial Team · Last reviewed: May 25, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Talk to a Florida defense attorney about the specific facts.
Defending a Florida car accident claim works within the same framework that governs the plaintiff’s case — but several features tilt toward the defense.
The threshold defense
Because Florida is no-fault, an injured driver’s own PIP pays first, and the driver generally cannot recover pain-and-suffering damages unless the injury meets the serious-injury threshold (Fla. Stat. § 627.737) — a permanent injury, significant and permanent scarring, or significant loss of an important bodily function. In minor-injury cases, arguing the plaintiff hasn’t crossed that threshold is a core defense.
Allocating comparative fault
Under Florida’s modified comparative negligence (Fla. Stat. § 768.81), the defense can reduce or eliminate exposure by showing the plaintiff’s own fault (speeding, distraction, failure to yield) or the fault of other parties. A plaintiff more than 50% at fault recovers nothing.
The deadline
Most claims accruing on or after March 24, 2023 must be filed within two years (Fla. Stat. § 95.11). A late filing is a complete defense, so the accrual date is always worth checking.
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Start your free intakeFrequently asked questions
- Does the no-fault system help the defense?
- Yes. Because Florida is no-fault, a plaintiff's own PIP pays first, and the plaintiff generally can't recover pain-and-suffering damages unless they meet the serious-injury threshold (Fla. Stat. § 627.737) — a key threshold defense in minor-injury cases.
- How does comparative fault help a defendant?
- Under Florida's modified comparative negligence (Fla. Stat. § 768.81), a plaintiff more than 50% at fault recovers nothing, and any recovery is reduced by their share. Allocating fault to the plaintiff or third parties is central to the defense.
- Can the deadline end a claim?
- Yes. Most negligence claims accruing on or after March 24, 2023 must be filed within two years (Fla. Stat. § 95.11); a late filing is a complete defense.
Sources
Related guides
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