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How Florida Bodily Injury Liability Works

February 11, 2026

Today forty-eight state and the District of Columbia require drivers to carry some form of bodily injury (BI) liability insurance coverage. In fact, the state of Florida is only one of two states that does not require BI to cover medical costs for others if you are “at fault” in an vehicular accident. Auto insurance statutes in the Sunshine State mandate minimum limits of personal injury protection (PIP) and property damage, while New Hampshire does not legally require auto liability insurance.

While some type of liability insurance is mandated in states with No-Fault exemptions, the specific requirements can vary from state to state. For example, whereas Florida requires $10,000 minimum PIP coverage to pay for injuries to drivers and their passengers, New Jersey’s minimum no-fault PIP is $15K. Both states allow injured parties to sue the at-fault driver but only for serious injuries that meet certain thresholds like disfigurement or permanent injury.

Basically, our state’s no-fault rule for PIP/PDL generally means your insurance company pays for your medical bills up to the policy limits regardless of who caused the accident. However, property damage is different as the no-fault rule only applies to injury-related expenses. In Florida, drivers are also required to carry a minimum of $10,000 property damage liability to cover other people’s damages if you were at fault, while the at-fault driver is responsible for your repairs.

How does modified comparative negligence work...

No fault protection in the Sunshine State means that medical benefits are paid regardless of who was at fault. This allows for immediate access to funds to cover speedy medical treatments without having to wait for legal determinations. In fact, Florida PIP ensures quick access to care for you and your passengers, with up to 80% of reasonable medical expenses covered up to the $10K limit to include ambulance, hospital and rehabilitation costs or funeral expenses. For lost wages, PIP covers up to 60% if an injury prevents the policyholder from working.

In most states, if your accident injuries are severe and medical expenses exceed PIP policy limits, parties are able to recover additional compensation by taking legal action against the at-fault driver. Those states using “pure comparative negligence” allow accident victims to recover damages minus their percentage of fault. So, even if they were 99% responsible, they are due payment of one percent. Florida changed from “pure” to “modified” comparative fault in 2023 that is less lenient on plaintiffs who cannot recover damages if they were 50% or more at fault.

States like Florida that moved from pure to modified systems for comparative negligence significantly reduced the number of and the amount of car insurance claims for individuals who shared a high percentage of the blame. For cases brought under modified comparative fault, the insurance company’s adjusters will focus heavily on proving the claimant was more than 50% at fault in order to get the claim denied. Nonetheless, even in modified states, comparative negligence does not apply to everyday PIP insurance claims.

Bodily Injury Liability Insurance Coverage

Although bodily injury liability insurance in most states protects your assets by paying for medical expenses due to injuries, pain and suffering, and funeral costs for you and your passengers, occupants of other vehicles (and in some cases pedestrians), Florida does not currently mandate BI but is expected to set minimum limits at $25,000 after changing to an “at fault” system in July. In addition to paying for standard medical expenses, BI reimburses an injured person for lost wages, pain and suffering, and funeral costs for fatalities.

So, what does Florida bodily injury liability insurance not cover? For starters, BI does not cover your own medical bills or injuries. That means your own personal health insurance or optional MedPay (medical payments policy) is responsible for reimbursement of ambulance fees, X-rays and hospital visits for you and your passengers regardless of fault. However, what MedPay does not cover includes lost wages, pain and suffering, or damages to other drivers but it is used to fill in gaps where PIP’s limits are exceeded for medical, surgical or funeral expenses.

Florida bodily injury liability insurance is expressed in two numbers (split limits), such as $10,000 per person and $20,000 per accident. When $10,000 is added for property damage, the overall coverage is often expressed as 10/20/10. BI coverage pays for injuries to others when you are at fault, but many drivers choose higher limits for better protection of their assets in accidents involving more serious injuries. Although BI is not mandatory (at this time), it may be required for individuals with prior accidents, certain citations, or DUI convictions.

Common Bodily Injury Thresholds for Protection

Florida’s no-fault laws were enacted in 1971 and took effect the following year as a new system designed to streamline compensation for most everyday accident injuries as well as reduce driver’s overall needs for litigation. Although the state’s auto insurance laws have seen changes to combat fraud, the mandated minimum PIP coverage of $10,000 has not been changed in over 50 years. In the meantime, the numerous attempts to repeal the state’s no-fault status have failed (due to veto) as drivers anticipate changes to a standard policy in July 1, 2026. If the repeal to the current no-fault system is enacted, a minimum of 25/50 will be required.

Unlike most other states, Florida does not mandate BI coverage for most standard vehicle registrations, but it becomes mandatory in several scenarios under the Florida Financial Responsibility Law, including:

  • Post-Accident: If you cause an accident involving bodily injury, you must prove financial responsibility, usually by carrying at least 10/20 BI coverage.
  • DUI Convictions: Drivers convicted of a DUI must carry significantly higher split limits, typically 100/300 per accident.
  • Leased Vehicles: Most leasing companies require higher limits, such as 100/300, to protect their assets.
  • Commercial Vehicles: Specialized vehicles like taxis may require limits as high as 125/250.

While 10/20 is the minimum legal threshold for bodily injury protection in the Sunshine State, agents often recommend higher split limits to protect financial assets. Not only is 25/50 a step up, but it is also the BI limits that are currently expected to replace PIP requirements this year. A common requirement for umbrella liability policies is 100/300, which is considered to be “full coverage” for bodily injury liability protection. Additionally, most independent auto insurance agents recommended $250,000 per person and $500,000 per incident split limits for high-net-worth individuals.

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Our independent agents understand the challenges that you and other drivers face living in the Sunshine State, as once again, we wait to see if car insurance changes from a “no-fault” to “at-fault” system as of July 1, 2026. Currently, you can only pursue the other driver’s bodily insurance liability coverage if your injuries meet the state’s “Serious Injury Threshold,” which is defined as permanent injury, significant scarring or disfigurement, or loss of bodily function. However, Florida’s modified comparative fault means victims can only recover damages under BI liability insurance if their percentage of fault was 50% or less. Nonetheless, PIP insurance changes will mandate BI liability coverage, so contact Affordable Auto Insurance Jax at (904) 731-7708 to get the ball rolling.