Florida is a top destination for tourists, snowbirds, and part-time residents. With millions of visitors hitting the roads every year, it’s not uncommon for Florida drivers to get into accidents involving out-of-state drivers. So, what happens if you’re in a crash caused by someone from another state? How does Florida’s no-fault system apply—and can you sue? Let’s break down how Florida law handles car accidents involving non-residents.

Florida’s No-Fault Insurance System: The Basics

Florida is one of the few states that uses a no-fault insurance system for car accidents. This means that your own insurance pays for your medical bills and certain other expenses, regardless of who caused the accident. All Florida drivers are required to carry Personal Injury Protection (PIP) coverage, which typically covers:

Up to $10,000 in medical expenses
A portion of lost wages
Death benefits

If you’re a Florida resident and get into an accident with an out-of-state driver, your PIP will cover your initial medical expenses, just as it would in any other crash. But what if your injuries exceed your PIP limits—or the accident causes serious harm? That’s where things can get more complex.

When You Can Step Outside the No-Fault System

Florida law allows you to sue the at-fault driver if your injuries meet certain thresholds. These include:

Significant and 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 injuries meet one or more of these criteria, you may pursue a personal injury claim against the out-of-state driver for damages such as medical expenses not covered by PIP, pain and suffering, emotional distress, and lost future earnings.

Can You Sue an Out-of-State Driver in Florida?

Yes, you can sue an out-of-state driver if they caused the accident and your injuries meet the legal threshold to step outside of the no-fault system. Even though the at-fault driver is not a Florida resident, they are subject to Florida law while driving within the state. That means:

You can file a lawsuit in a Florida court.
Florida traffic and liability laws apply to the case.
If the driver has insurance, their out-of-state policy typically provides liability coverage for accidents that happen in Florida.

In most cases, their insurer will work with Florida legal proceedings, especially if they offer nationwide coverage.

What If the Out-of-State Driver Is Uninsured or Underinsured?

Unfortunately, not all drivers carry adequate coverage—and this includes visitors. If you’re hit by an out-of-state driver who is uninsured or underinsured, you may be able to:

File a claim under your Uninsured/Underinsured Motorist (UM/UIM) coverage (if you have it).
Pursue a personal injury lawsuit directly against the at-fault driver for damages.
Florida does not require UM/UIM coverage, but having it can provide a crucial safety net, especially in cases involving out-of-state drivers or hit-and-runs.

Why Legal Help Matters in Out-of-State Driver Cases

Accidents involving non-residents can involve multiple layers of complexity—from insurance negotiations to jurisdictional issues. A skilled personal injury attorney will:

Determine if your injury qualifies for a lawsuit under Florida’s no-fault exceptions.
Identify all available insurance coverage (both yours and the other driver’s).
Handle communication with out-of-state insurers and legal teams.
Fight for the compensation you deserve.

Injured by an Out-of-State Driver? We Can Help

At Probinsky & Cole, we’ve helped countless Florida residents navigate the aftermath of accidents involving out-of-state drivers. We understand the complexities—and we’re here to advocate for you every step of the way. Contact us today for a free consultation, and let’s talk about your legal options.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Every case is unique, and you should consult a licensed Florida attorney to discuss your specific circumstances.