Getting into a car accident is never easy—especially when the other driver is from another state. It might sound like a complication, but it’s not always a bad thing. In fact, in many of the cases we’ve handled, out-of-state drivers actually bring more insurance coverage to the table than a typical Florida driver.
Our Florida car accident attorneys are here to help. Let’s walk through what makes these cases unique and what steps you can take to protect yourself. We have handled countless cases like this, so we can certainly help guide you.
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Why Accidents With Out-of-State Drivers Are Different
In Florida, your own insurance—especially your Personal Injury Protection (PIP)—matters most, even if the other driver is from another state.
We don’t need to worry about the other driver’s state laws. What matters is how your Florida policy applies and how your medical bills get paid under Florida’s modified no-fault system.
Key Points to Understand:
- Florida PIP covers your initial medical expenses—up to $10,000—regardless of who caused the crash.
- The other driver’s insurance matters when your injuries exceed your PIP limits or involve serious harm.
- Uninsured/Underinsured Motorist (UM/UIM) coverage may step in if the out-of-state driver doesn’t have enough insurance.
- Florida follows a modified comparative fault system (as of March 2023). If you’re more than 50% at fault, you can’t recover compensation. If you’re 50% or less at fault, your payout is reduced based on your percentage of fault.
You can learn more about how PIP works by visiting the Florida Department of Highway Safety and Motor Vehicles’ Insurance Requirements FAQ page.
How Florida Can Be No-Fault and Still Consider Fault
It might sound confusing, but Florida’s insurance system uses two separate rules—and they work together to protect you.
PIP (No-Fault) Comes First
After a crash, your own Personal Injury Protection (PIP) covers up to $10,000 of your medical bills and lost wages, no matter who caused the accident. That’s Florida’s no-fault rule—designed to get you medical care and financial help quickly, without waiting for a lawsuit.
Modified Comparative Negligence Applies to Bigger Claims
If your injuries are serious and go beyond what PIP pays, you can pursue additional compensation from the at-fault driver. That’s when Florida’s modified comparative negligence rule applies:
- If you’re 50% or less at fault, you can still recover damages—but they’ll be reduced by your share of fault.
- If you’re more than 50% at fault, you won’t be able to recover compensation.
The Good News?
Most people do qualify to file a claim beyond PIP. And with our Florida car accident attorneys on your side, we’ll make sure fault is determined accurately—and that your case is built to maximize what you recover.
What Damages Can You Recover?
Florida law still protects you—even if the other driver is from somewhere else. You may file a personal injury claim just like you would in a any crash.
We help clients recover a wide range of damages. These include both financial losses and non-financial ones.
1. Medical Expenses
After a crash, medical bills can add up quickly. We’ve seen clients hit with huge costs after just one hospital visit. You may be able to recover:
- Emergency room visits
- Follow-up doctor appointments
- Physical therapy and rehab
- Prescription medications
- Surgery or specialist care
2. Lost Wages
Injuries often mean time off work. That lost income can hurt. You may claim compensation for:
- Missed work due to injury
- Reduced hours or job changes
- Long-term income loss if you can’t return to the same job
3. Property Damage
Your car and belongings matter. These are usually covered in a personal injury claim.
- Car repairs or replacement
- Damaged phones or laptops
- Car seats or other valuable items in the vehicle
4. Pain and Suffering
This includes both physical pain and emotional distress. It’s often one of the hardest parts of recovery.
- Ongoing pain or discomfort
- Depression or anxiety
- Trouble sleeping or PTSD
5. Loss of Enjoyment of Life
You deserve to enjoy life. If your injuries keep you from hobbies, travel, or family time, that matters.
- No longer able to do activities you loved
- Reduced quality of life
6. Permanent Injuries
Some injuries never fully heal. These are serious and deserve full compensation.
- Scarring
- Disability
- Loss of mobility or independence
Our Florida car accident attorneys look at your entire situation. We work with doctors and specialists to understand how the crash affected your life. This helps us fight for the full amount you deserve.
Which Insurance Applies?
This is often one of the first questions we ask. The at-fault driver’s bodily injury policy applies—even if they’re from out of state. But your own policy may also play a role. For example, your own PIP insurance must be used toward your first $10,000 in medical bills. This is the same regardless of what state the other driver was from.
Many people don’t know their insurance can step in when the other driver’s policy isn’t enough.
Terms You Should Know
Understanding the basics helps you stay in control. These are key terms we explain to every client:
- Bodily Injury (BI): Pays for injuries you cause to others.
- Property Damage (PD): Covers damage to someone else’s property.
- Personal Injury Protection (PIP): Pays for your own medical bills regardless of fault.
- Uninsured/Underinsured Motorist (UM/UIM): Helps if the other driver doesn’t have enough insurance.
What Happens if the Other Driver’s Policy Isn’t Enough?
If the at-fault driver only has minimal coverage, we must look to see if your UM/UIM policy may cover the difference. In every case, we will look toward your own car insurance policy as a pot of money of last resort.
What to Know About UIM Offsets
Some states reduce your UIM benefits by the amount paid by the at-fault driver’s insurance. Florida doesn’t.
Here, your UIM stacks on top. That’s good news.
Example:
- The at-fault driver’s policy pays $25,000.
- Your UIM limit is $50,000.
- You could recover up to $75,000 total.
This rule can make a big difference. It’s one of the reasons we always check your policy carefully.
What If the Other Driver Has No Insurance?
Unfortunately, it happens. We’ve helped clients hit by drivers with no insurance at all.
If that happens, don’t panic. You still have options.
Your UM/UIM Can Help Cover:
- Medical expenses
- Lost income
- Car repairs
- Other out-of-pocket costs
Our Florida car accident attorneys can pull your policy and explain what’s covered. Many clients are surprised at how much protection they already have.
Steps to Take After a Crash
Knowing what to do right away helps protect your rights and health.
Here’s a checklist we share with all our clients:
- Call 911 – Make sure police respond and file a report.
- Get the Other Driver’s Info – Include license, registration, and insurance.
- Take Photos – Capture car damage, injuries, the road, and any skid marks.
- Talk to Witnesses – Get names and phone numbers.
- Seek Medical Help – Even minor pain could be serious.
- Call an Attorney – The sooner we’re involved, the better we can help.
Keep all records. That includes doctor visits, receipts, and communication with insurers.
Florida’s Statute of Limitations for Car Accidents
If you were hurt in a car accident—no matter where the other driver is from—you need to act within Florida’s legal deadlines.
Florida law gives you two years from the date of the crash to file a personal injury lawsuit. This deadline used to be four years, but it changed in 2023.
Missing this window could mean losing your right to recover any compensation. That’s why it’s important to speak with a Florida car accident attorney as soon as possible.
You can read more about the law in Florida Statutes § 95.11.
Common Questions About Accident with Out-of-State Drivers
What if I’m partly to blame?
Florida uses a modified comparative fault system. If you’re less than 50% at fault, you can still recover damages.
Do the other state’s laws apply?
No. If the accident happened in Florida, Florida law applies.
Can I sue an out-of-state driver?
Yes. If the crash happened here, Florida courts have jurisdiction. We’ve helped many clients take legal action against drivers from other states.
What if the other driver was in a rental car?
Lots of out-of-state drivers in Florida will be using a rental car. Therefore, this is a common scenario for an accident. We’ll examine the rental company’s coverage, the driver’s personal auto policy, and even any credit card benefits they might have used. We dig into every possible source of coverage to make sure nothing gets missed.
What if I was in a rental car?
We’ll do the same due diligence to make sure you receive maximum compensation. We never leave any stone unturned. We work tirelessly for our clients because we care about their interests.
Why Expert Guidance From an Attorney Matters
When out-of-state drivers are involved, things can get tricky. You may be dealing with different laws, uncooperative insurers, or unclear policies.
That’s where we step in. Our Florida car accident attorneys:
- Know Florida auto accident laws
- Have years of experience with similar claims
- Build strong cases with medical evidence and records
You’ll never feel like you’re in the dark. We’ll keep you updated and answer your questions clearly.
Reach Out for a Free Consultation
We’re more than just Florida car accident attorneys. We’re people who care about helping others through difficult times.
Our firm has been serving Florida communities for over six decades. We’ve recovered hundreds of millions for accident victims. Our team is built on trust, compassion, and deep legal knowledge.
We don’t promise fast settlements—we promise the right ones. And we never charge upfront. If we don’t recover compensation, you don’t pay.
If you’ve been in a crash with an out-of-state driver, reach out today. Let us review your case and help you take the next step with confidence. Reach out today for your free consultation.
