The rear-driver presumption. Florida courts presume the driver who rear-ends another car was negligent. Florida law also requires drivers not to follow more closely than is reasonable and prudent (Fla. Stat. § 316.0895). The rear driver can try to rebut the presumption with evidence of a sudden, unexpected stop, a car that reversed, or brake lights that didn't work, and the Florida Supreme Court has said a jury may still weigh the front driver's share of fault (Birge v. Charron, 2012). In practice, it means fault starts with the driver behind you.
No-fault insurance (PIP). Your own $10,000 in personal injury protection pays first. To unlock the full amount, a doctor must find you had an emergency medical condition; otherwise benefits can be capped at $2,500.
The serious-injury threshold. To claim pain and suffering from the driver who hit you, Florida requires a permanent injury, significant and permanent scarring or disfigurement, or a significant and permanent loss of an important bodily function. Many whiplash and disc injuries qualify, but only with thorough medical documentation.
Chain-reaction crashes. In a pileup, more than one driver can share the blame. Since 2023, Florida uses modified comparative fault: your recovery is reduced by your share of fault, and you recover nothing if you're found more than 50% responsible. We investigate every vehicle in the chain. If the driver at fault has no bodily injury coverage, your uninsured motorist coverage may pay.