How Out-of-State Drivers Affect Florida Car Accident Claims
Florida is a top travel destination year-round, with millions of out-of-state drivers flooding roadways like I-4 through Orlando, I-95 along the coast, and US-301 running through central Florida. While tourism boosts the state’s economy, it also contributes to increased traffic accidents involving nonresidents. When an out-of-state driver is involved in a crash, determining liability, insurance coverage, and the proper legal process can become more complex than a typical in-state collision.
If you’ve been in an out-of-state accident, talk to a Florida car accident lawyer from Fulgencio Law about how it may affect your rights and responsibilities under state law.
Florida Is a No-Fault State
Florida follows a no-fault insurance system, which means drivers must first turn to their own Personal Injury Protection insurance to cover medical bills and lost wages, regardless of who caused the accident. Every registered Florida driver is required to carry at least $10,000 in PIP coverage. However, things get tricky when a nonresident driver is involved.
Out-of-state drivers are not required to carry Florida PIP unless they have a vehicle registered in the state. If an accident occurs involving a tourist or someone visiting from another state, their out-of-state insurance may not include PIP benefits. In these cases, the Florida driver must still file a Florida PIP claim, but the out-of-state driver might not be able to rely on their own policy for immediate medical coverage, depending on their home state’s insurance laws.
Can You Sue an Out-of-State Driver in Florida?
Yes—if your injuries exceed Florida’s “serious injury” threshold, you may step outside the no-fault system and file a personal injury lawsuit. This includes permanent injuries, significant scarring or disfigurement, or wrongful death. When suing an out-of-state driver, Florida courts typically retain jurisdiction if the crash happened on Florida roads.
This means that a car crash on Dale Mabry Highway in Tampa, A1A in Daytona Beach, or MacArthur Causeway in Miami involving a visitor from another state can be handled through the Florida court system. However, the legal process may require added steps to serve legal documents and deal with insurance companies unfamiliar with Florida’s rules.
Common Legal Challenges in Nonresident Crash Claims
Several challenges may arise when a nonresident crash claim involves an out-of-state driver:
- Jurisdictional Issues: Even though the crash occurred in Florida, the out-of-state driver may try to argue that they should be sued in their home state.
- Insurance Conflicts: The out-of-state insurance company might not fully understand or comply with Florida’s PIP laws.
- Uninsured or Underinsured Drivers: If the out-of-state driver doesn’t meet Florida’s minimum coverage standards, the injured party may need to rely on their own uninsured motorist coverage.
Steps to Take After an Out-of-State Accident in Florida
If you’re a Florida resident hit by an out-of-state driver, or you’re visiting Florida and get into an accident, taking the right steps can protect your health and your claim:
- Call 911 and request police to document the crash, especially if it occurred on busy roads like US-1 in Fort Lauderdale or I-275 in St. Petersburg.
- Exchange information with all parties, including out-of-state insurance and driver’s license details.
- Seek medical treatment right away to activate your PIP benefits and document your injuries.
- Report the accident to your insurer and request a copy of the police report.
When to Contact a Florida Car Accident Lawyer from Fulgencio Law
Because out-of-state claims involve multiple layers of insurance law and jurisdictional complexity, working with a knowledgeable Florida car accident lawyer can make a big difference in the outcome of your case. Whether you’re a Florida resident dealing with an out-of-state driver or a visitor injured in a Florida crash, legal guidance can help you understand your rights, file a proper Florida PIP claim, and pursue compensation beyond no-fault limits if applicable.
At Fulgencio Law, we’re here to assist you with even the most complex nonresident crash claims. Call us today at (813) 463-0123 for a free consultation and personalized guidance after your accident.
