Car Accidents Involving Out-of-State Drivers in Florida
Florida is one of the top travel destinations in the United States, attracting over 130 million tourists annually. With millions of non-residents visiting the state each year, car accidents involving out-of-state drivers are not uncommon. Whether the other party was vacationing in Miami, renting a car in Orlando, or visiting family in Tampa, a crash involving a non-resident can introduce additional layers of legal and insurance complexity.
Many Florida drivers don’t realize that when an accident involves an out-of-state motorist, it can impact insurance claims, fault determination, and where a lawsuit can be filed. This guide provides a comprehensive breakdown of what Florida drivers need to know when they’re in a collision with a tourist or non-resident driver.
Florida’s No-Fault Auto Insurance System
Florida follows a no-fault insurance model, which means that after a car accident, your own insurance typically covers your initial medical bills and some lost wages, regardless of who caused the crash. This is known as Personal Injury Protection (PIP) coverage.
What PIP Covers
Florida drivers are required to carry at least $10,000 in PIP coverage, which applies to:
- Medical expenses
- Lost wages
- Death benefits (in fatal accidents)
PIP does not cover property damage, vehicle repair, or pain and suffering. These would fall under either your collision coverage or, in serious cases, a third-party liability claim against the at-fault driver.
Exceptions to No-Fault Laws in Florida
While no-fault coverage is designed to minimize minor claims, Florida law allows you to pursue legal action against another driver under certain conditions. If your injuries meet the “serious injury threshold”, you may exit the no-fault system and file a lawsuit.
What Qualifies as a Serious Injury
Under Florida law, a serious injury includes:
- Permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Death
If your injury meets these thresholds, you are legally entitled to seek additional compensation, including for pain and suffering, emotional distress, and other damages not covered by PIP.
What Happens When the At-Fault Driver Is Not a Florida Resident?
This is where many accident victims encounter confusion. Jurisdiction, insurance requirements, and liability issues may shift when the at-fault driver is from another state.
Jurisdiction Under Florida Law
Florida law allows you to file a claim or lawsuit within the state, even if the other driver resides elsewhere. This is possible due to the Florida Long-Arm Statute, which gives courts jurisdiction over non-residents who commit negligent acts (like a car crash) within Florida’s borders.
This legal framework protects Florida residents from having to travel to another state to seek justice. It also ensures that out-of-state drivers can be held accountable when they cause harm while visiting the state.
How Venue is Determined
The appropriate venue for a legal claim is typically the county where the accident occurred. This is true even if both parties involved are from outside Florida. If the accident happened in Orlando, the case would usually be filed in Orange County; if it occurred in Tampa, it would be handled in Hillsborough County.
How Comparative Negligence Affects Your Case
Florida applies the legal principle of comparative negligence, which means that fault can be shared between drivers involved in an accident. If you are found partially responsible, your compensation will be reduced accordingly.
Example of Comparative Negligence
Suppose your damages total $100,000, but the court finds that you were 25% at fault for the accident. In that case, you would be eligible to recover $75,000, with the 25% deducted based on your share of the responsibility.
This rule applies to all drivers, including out-of-state motorists involved in accidents on Florida roads.
Insurance Claims Involving Out-of-State Drivers
When one party is not a Florida resident, insurance claims can become more complicated. Policies from other states may not align with Florida’s insurance laws, which can create confusion during the claims process.
How Insurance Coverage Works for Tourists
Most out-of-state drivers carry policies that extend coverage to other states, including Florida. However, they may not have PIP coverage because it’s not required outside Florida. In these cases, your PIP coverage will typically apply first, and any additional compensation will need to come from the out-of-state driver’s liability coverage.
Challenges You May Encounter
Some out-of-state insurers may dispute liability under Florida law or delay claims processing because they’re unfamiliar with the state’s no-fault and comparative negligence rules. Additionally, coverage limits may differ, which can impact your ability to recover full compensation.
Rental Car Accidents Involving Non-Resident Drivers
Florida is a hub for car rentals, especially near airports and tourist attractions. If the at-fault driver was operating a rental vehicle, this introduces another party into the equation—the rental company.
Who is Liable in a Rental Car Accident
In most cases, the rental car driver’s personal auto insurance is the primary source of coverage. If they opted for supplemental insurance at the rental counter, that may also help cover damages. Florida rental companies are generally not liable for accidents unless they were negligent in how the vehicle was rented (e.g., renting to someone without a valid license).
It’s crucial to gather information not only from the driver but also from the rental agency and note any damage waivers or additional policies that might apply.
Can You File a Lawsuit Against an Out-of-State Driver?
Yes, and in many cases, you should—especially when your injuries are serious and your PIP coverage is insufficient. Florida law explicitly allows residents (and others injured within the state) to sue out-of-state drivers who caused an accident.
How to Initiate a Lawsuit in Florida
To file a personal injury lawsuit, you must:
- Establish that the other driver was at fault
- Prove that your injuries meet the serious injury threshold
- Properly serve legal notice to the out-of-state defendant
- File your claim in the appropriate Florida court
Legal representation is strongly recommended in these cases, as cross-jurisdictional claims can involve complex procedures and require negotiation with out-of-state insurance companies or legal teams.
Steps to Take Immediately After the Accident
Your actions immediately after a crash with an out-of-state driver can significantly affect the outcome of your insurance claim or lawsuit.
1. Prioritize Safety and Reporting
Call 911 to report the accident and wait for law enforcement to arrive. A police report will be a critical document when establishing fault and documenting the involvement of an out-of-state driver.
2. Exchange and Document Information
Gather the other driver’s:
- Name
- Insurance details
- State of license
- Rental company info (if applicable)
- License plate number
Take photos of the damage, road conditions, any traffic signs or signals, and injuries you or your passengers sustained.
3. Seek Medical Attention
Even if you feel fine at the scene, it’s essential to seek medical care within 14 days to ensure PIP coverage eligibility. Some injuries, like concussions or soft tissue damage, may not present symptoms until hours or days later.
Common Legal Scenarios Involving Non-Resident Drivers
There are several real-world examples of how these cases unfold.
Snowbirds and Seasonal Residents
These part-time residents may have vehicles registered outside Florida. If their policy doesn’t meet Florida’s minimum coverage requirements, your own UM/UIM coverage may become essential.
Tourists in International Rental Cars
Drivers from other countries may have limited or no U.S. insurance coverage. In such cases, recovery may involve the rental company or filing a lawsuit in Florida courts with the assistance of legal counsel familiar with international liability.
Frequently Asked Questions
Can I sue a tourist who caused an accident in Florida?
Yes, you can sue a tourist or any non-resident driver who causes an accident in Florida. Even though they live outside the state, they are still subject to Florida law while operating a vehicle within its borders. Under Florida’s long-arm statute, any negligent act that occurs in the state—such as a car crash—can give Florida courts jurisdiction. This means you have the legal right to pursue compensation in a Florida court without needing to file the claim in the other driver’s home state.
Do Florida traffic and insurance laws apply to non-resident drivers?
Yes, they do. Once a driver enters Florida and operates a vehicle within the state, they are expected to follow Florida’s traffic laws. If they cause an accident, they can be held responsible under Florida statutes, even if their vehicle is registered elsewhere or their insurance policy is based in another state. This includes compliance with Florida’s comparative negligence system, tort thresholds, and legal standards for liability.
What happens if the at-fault driver is from another country?
If the at-fault driver is from another country, they can still be held accountable for any damages caused while driving in Florida. In many cases, international visitors use rental vehicles, which may include insurance coverage through the rental agency or their credit card provider. You can file a claim through those channels. If needed, you can also pursue legal action against them in a Florida court, but enforcement of any resulting judgment may require additional legal steps depending on the driver’s country of residence.
Who pays for medical expenses if the other driver is from out of state?
Initially, your own Personal Injury Protection (PIP) coverage will pay for your medical expenses, up to your policy limits, regardless of who was at fault. If your injuries are severe or your costs exceed your PIP coverage, you can seek additional compensation from the out-of-state driver’s insurance company. If their insurance is inadequate or unavailable, your own uninsured/underinsured motorist coverage may apply.
What should I do at the scene of the accident if the other driver is from out of state?
At the scene of the accident, treat it like any other collision, but be extra diligent about documenting the other driver’s information. Make sure to obtain their full name, out-of-state driver’s license details, license plate number, and insurance provider. Take photos of both vehicles, visible injuries, the accident scene, and any relevant road signs or signals. Contact law enforcement to file a report, and seek medical care as soon as possible, even if injuries are not immediately apparent. Timely documentation is especially important when the other party is not a Florida resident.
Contact Lawlor, White & Murphey Today
Navigating a car accident is never easy, but it becomes even more stressful when the other driver is from another state. Legal questions about jurisdiction, fault, insurance coverage, and liability can overwhelm victims already dealing with medical bills and vehicle repairs.
You don’t have to figure it out alone. An experienced Florida personal injury lawyer can help you file your insurance claim, determine if you qualify to file a lawsuit, and represent your best interests every step of the way.
If you’ve been injured in a Florida accident involving an out-of-state driver, contact Lawlor, White & Murphey today. Get the legal guidance you need to recover physically, financially, and legally.