If you’re an out-of-state driver and got into a car accident while visiting Florida, we can help. Florida law will apply, and our Florida car accident attorneys can guide you through every step.
Below, our team explains what Florida law says about out-of-state car accidents, how claims work, and how to protect your rights while far from home.
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Why Being an Out-of-State Driver in Florida Isn’t as Complicated as It Seems
We regularly help drivers from across the country (and in other countries) file successful claims in Florida. With the right help, you can recover the compensation you deserve, no matter where you’re from.
You might be asking:
- Whose insurance pays first?
- Will your policy cover all damages?
- Will your home state’s rules affect your UIM benefits?
Good news—you don’t have to figure it out alone. Our experienced Florida car accident attorneys will help you understand how your coverage works and ensure no benefits are missed.
Do I Need to Return to Florida for My Case?
No, you don’t have to come back to Florida. Most car accident claims settle without ever going to court. Our Florida car accident attorneys handle the entire legal process remotely, so you can stay home and focus on recovery. We’ll gather evidence, speak with insurance companies, and keep you informed every step of the way. You can also continue your medical treatment with providers in your home state. From start to finish, we make it as simple and stress-free as possible.
What Insurance Applies After a Crash in Florida?
When the other driver is at fault, their insurance pays first. But your own policy may also come into play, especially if:
- Their coverage limits are too low;
- They don’t carry bodily injury coverage;
- Their insurance policy has lapsed;
- They are uninsured.
- You’re from a state where you carry medical payment coverage (Med Pay);
- You’re from a state that uses Personal Injury Protection (PIP)
How UIM Coverage Works in Multi-State Accidents
If the Florida driver doesn’t have enough insurance—or none at all—we’ll look at your policy. Specifically, we’ll check for Uninsured/Underinsured Motorist (UM/UIM) coverage.
Every state has its own rules about UIM. Some add to your total recovery, while others offset it against what you recovered from the Florida driver.
We’ll figure out how your home state policy works and advise.
Understanding how these policies interact can be confusing.
UIM Coverage By State
Insurance laws vary by state.
Example: How UIM Offset Works
Let’s say:
- You receive $25,000 from the Florida driver’s insurance
- Your home state UIM policy has $50,000 in coverage
If your state uses offsets, your UIM payout adds $25,000 more, not the full $50,000. This is because the amount that you receive from the Florida driver is reduced from what you can recover against your own policy.
UIM Offset States (UIM is reduced by at-fault driver’s payment)
- Alabama
- Alaska
- Arizona
- Arkansas
- Delaware
- Hawaii
- Idaho
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Jersey
- New York
- North Dakota
- Ohio
- Oklahoma
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Utah
- Virginia
- West Virginia
- Wyoming
UIM Supplement/Stacking States (UIM adds to at-fault driver’s payment)
- California
- Colorado
- Connecticut
- Florida
- Georgia
- Illinois
- North Carolina
- Maine
- Maryland
- New Hampshire
- New Mexico
- Oregon
- Texas
- Vermont
- Washington
- Wisconsin
Not sure which rules apply in your home state? Our Florida car accident attorneys can review your policy and protect your full rights.
We often work with clients who aren’t sure what their coverage includes. If you’re unsure, take a look at our guide to uninsured and underinsured motorist coverage in Florida.
What Damages Can You Recover?
Out-of-state drivers injured in Florida have the same legal rights as residents. Here’s what you may be able to recover:
Medical Expenses
- ER visits, hospital stays, and surgeries
- Ongoing care, rehab, and medication
- Florida allows recovery for current and future medical costs
Lost Wages
- Time off work due to injuries
- Lost earning potential if you can’t return to work
- Future losses from career changes due to injury
Pain and Suffering
- Physical pain and emotional stress
- Anxiety, PTSD, or mental distress caused by the crash
- Loss of sleep or emotional trauma
Property Damage
- Repairs or replacement of your vehicle
- Damage to personal items like electronics
- Towing or rental car expenses during repairs
Loss of Enjoyment of Life
- If your injuries prevent you from enjoying activities you used to love
- Impact on travel, hobbies, and relationships
Permanent Disability or Disfigurement
- Compensation for lasting harm, changes in mobility, or visible injuries
- Expenses related to home modifications or long-term assistance
Wrongful Death Claims
Sadly, some accidents are fatal. In those tragic situations, surviving family members may be able to pursue a wrongful death claim. These claims can help cover funeral expenses, medical costs, lost future income, and the deep emotional impact of losing a loved one.
One heartbreaking example is a recent accident where three Massachusetts high school seniors were killed during spring break in Florida. Their SUV collided with a tractor-trailer making a U-turn, resulting in a devastating crash.
These cases are emotionally draining, but our Florida car accident attorneys handle them with care and compassion. We’ll walk you through the process and fight to ensure your family receives the justice and support you deserve.
How Florida Determines Fault
Florida now follows a modified comparative fault system. This change went into effect in March 2023.
Here’s how it works:
- You can only recover damages if you’re less than 51% at fault.
- If you’re 51% or more at fault, you cannot recover any compensation.
- If you’re partially at fault but under 51%, your damages are reduced by your percentage of fault.
Example:
If your total damages are $100,000 and you’re found 20% at fault, you could still recover $80,000. But if you’re found 51% at fault or higher, you would not be eligible to recover damages.
Even if the other party tries to shift blame, our Florida car accident attorneys will gather the facts and fight to ensure your responsibility is evaluated fairly.
What To Do If You’re in a Crash in Florida
If you’re visiting Florida and get into a crash, follow these steps:
- Call 911 – Always report the crash to law enforcement
- Get Medical Attention before you go home
- Exchange Information – Collect names, insurance, license plate numbers, and contact info for all witnesses.
- Take Photos – Include vehicle damage, the scene, and visible injuries
- Don’t Admit Fault – Keep calm and stick to the facts
- Call a Florida Car Accident Attorney – Let us deal with the legal side
Even if you return to your home state shortly after, it’s important to keep documentation. Save every receipt and medical record.
For a complete list of what to do after a Florida crash, check the Florida Highway Safety and Motor Vehicles crash guide.
Examples of Out-of-State Claims
Case 1: Michigan Visitor With UIM Offset
A Michigan driver was hit while driving in Florida by a Fl driver.. The at-fault Florida driver had $25,000 in liability coverage. The Michigan driver had $50,000 UIM. Since Michigan uses an offset rule, their insurer tried to reduce the payout.
Case 2: Texas Visitor With Supplement Coverage
A visitor from Texas was rear-ended in Florida by a Florida driver.. The Florida driver paid $50,000. The visitor’s Texas UIM policy added another $100,000. Texas allows stacking, so the visitor can recover the full $150,000.
These examples show how the same type of accident can result in different outcomes based on the rules in your home state.
Frequently Asked Questions
Q: Does Florida law apply to my claim?
A: Yes. Because the crash happened in Florida, our state laws apply to your case.
Q: What if the Florida driver has no insurance?
A: Your own UM/UIM coverage from your home state may help cover your damages. Even though the Florida driver is required to carry minimum coverage, not all drivers follow the law. If they’re uninsured or underinsured, your policy can step in, depending on the rules in your state. Our Florida car accident attorneys can help review your policy and make sure you understand what’s available.
Q: Can I see my doctor at home?
A: Yes. But we suggest visiting a local doctor after the crash to document your injuries. Then continue treatment back home.
Q: Will this accident raise my insurance policy rates?
A: No, it shouldn’t. Most states have laws that prevent an insurance company from raising your rates if you were not at fault for the accident. We’ll help you understand how this claim interacts with your policy and guide you through the process.
Why Expert Guidance From a Florida Car Accident Attorney Matters
It’s hard enough getting in an accident—being far from home makes it worse. That’s why you need someone who understands Florida’s laws and insurance rules.
Our Florida car accident attorneys regularly represent out-of-state drivers. We know how to navigate both local and out-of-state insurance policies. We also understand how UIM rules change from state to state—and how to avoid lowball settlements.
While you focus on recovery and getting home, we’ll:
- Collect and organize your medical records
- Handle insurance calls and paperwork
- Review both your policy and the Florida driver’s policy
- Find every possible source of compensation
- Manage your claim so you don’t have to return to Florida
Having the right lawyer makes a difference. We’ve helped clients recover damages even when insurance companies tried to deny or minimize their claims. We’ll do the same for you.
Contact Our Florida Car Accident Attorneys Today
You deserve trusted help and clear answers. At our firm, we make it easy to get started. We have the experience and resources to get you what you deserve, plus the compassion and support to help you through it while we do.
- Free consultations
- No fees unless we win your case
- Straightforward communication
Let us deal with the legal work while you focus on healing. Contact our Florida car accident attorneys today to schedule your free consultation and find out how we can help.
