Out-of-State Car Accidents in Florida

If you were visiting Florida and got hurt in a crash, or you are a Floridian hit by a visitor, your next steps hinge on where the case can be filed, what insurance applies, and how Florida’s rules interact with your home policy. Many people wonder what happens if you get in an accident out of state. Abrahamson & Uiterwyk handles these issues every week, and the examples below show how they play out in real life. This is especially relevant because of how many tourists travel to the state each year for vacation, as well as business travelers, people visiting friends in college, etc.

Common Misconception: Can I Hire a Lawyer in My Home State for a Florida Crash

Many people assume they can hire a lawyer where they live even if the crash happened in Florida. In most cases you need a Florida lawyer because the case is filed here, Florida law governs the injury issues, and key steps happen under Florida procedure. We routinely coordinate with out-of-state counsel when it helps, but filing and litigating a Florida crash case requires Florida counsel.

Scenario	Who has jurisdiction?	Where will the lawsuit take place?	Do Florida’s laws come into play?	Do out-of-state laws come into play?
At-fault driver is from Florida, victim is from out of state	Florida courts have personal jurisdiction over the Florida defendant, and subject-matter jurisdiction over the tort.	Usually filed in Florida, in the county of the crash, or where the Florida defendant resides.	Yes. Florida tort law generally governs liability and damages.	Possibly. The visitor’s home-state auto policy can control UM/UIM (uninsured/underinsured motorist insurance), MedPay, offsets, and stacking issues.
At-fault driver is from out of state, victim is from Florida	Florida courts have personal jurisdiction under the long-arm statute because the tort occurred in Florida.	Usually filed in Florida, in the county of the crash. The out-of-state defendant can be required to litigate here. If parties are from different states and at least $75,000 is at issue, removal to federal court in Florida is possible.	Yes. Florida tort law generally governs the injury issues.	No.
At-fault driver and victim are both from the same out-of-state state (not Florida)	Florida has jurisdiction because the crash occurred here. Their shared home state is also a potential forum for them.	Often filed in Florida where the crash, witnesses, and evidence are located. It can also be filed in their shared home state. There is no diversity-based removal to federal court because both parties share the same citizenship.	Yes, usually. Florida tort law typically applies because the accident and evidence are in Florida.	Yes, sometimes. Their home-state policy terms can govern first-party coverages. If they file in their home state, that forum’s procedures apply, and its choice-of-law rules may still point to Florida tort law.
At-fault driver and victim are both from different states (neither from Florida)	Florida has jurisdiction because the crash occurred here. The defendant’s home state can also have jurisdiction.	Often filed in Florida. It can also be filed in the defendant’s home state. If parties are citizens of different states and at least $75,000 is at issue, the defendant may remove a Florida state case to federal court in Florida.	Yes, usually. Florida tort law typically governs because the crash happened here.	Yes, often. Each party’s auto policy is governed by its issuing state’s contract law, which can affect UM, UIM, MedPay, offsets, and stacking.

Example Out-of-State Injury Case Settlements in Florida

Here are some examples of personal injury settlements where the victim was from outside of Florida, but the injury occurred in Florida:

$175,000 Settlement for Injury to Visiting Traveler in Florida Airport

The Plaintiff and her daughter flew into Orlando International Airport to have a relaxing Florida vacation. They took the shuttle to Nu Car Rentals where they were picking up the rental car. Plaintiff was leaving the facility going to the parking lot. She walked out the front doors and was walking south. There was a step down to a brick paver floor where customers would gather to await shuttle pickup to be taken to their rental car. The step was brick-paved. The step appeared to blend in with the brick-paved floor below. The plaintiff believed she was stepping on the floor below, but when she took the next step, she fell, sustaining a left intertrochanteric hip fracture. 

The client was rushed to an emergency room in Florida and eventually flew back home where she had a left hip arthroplasty. Abramson & Uiterwyk immediately filed suit against the rental car agency alleging the brick paver step blended in with the brick paver floor/landing creating a camouflaged, masked, and dangerous condition. Soon after the suit was filed, an expert in accident reconstruction and another expert in perception and reaction timing were hired to examine the steps. The experts agreed the steps were not up to code and created a dangerous condition. After the plaintiff’s deposition, the rental car agency’s insurance company, Empire Fire and Marine Insurance Company, offered 25,000 to settle the claim. That offer was soundly rejected. After our attorneys took the deposition of the rental car agency, the offer was increased to 50,000 to settle the claim. The claim proceeded to mediation where the initial offer was 75,000 was also rejected. After four hours of negotiating, we finally prevailed on Empire Fire and Marine to pay our client $175,000.00 to settle her case. She was extremely happy with the result.

$150,000 Settlement for Injured Victim from Other State

This unfortunate accident occurred on March 3rd, 2024, at the intersection of Marina Drive and 59th Street in Holmes Beach, FL. Our client was traveling northbound on Mariner on her bicycle in the designated bicycle lane when the defendant attempted to make a left turn from Mariner onto 59th Street to head east. In doing so, the defendant violated our client’s right of way and struck her bicycle, knocking her to the pavement. The defendant received a citation for failure to yield. Our bike wreck lawyers were here to help.

It was immediately apparent that our client had suffered an injury to her hand, and she was taken to the hospital, where x-rays confirmed she had sustained fractures to both her ring and little fingers on the left hand. A few days after the accident, our client was taken to the operating room, where she underwent surgery known as an open reduction and internal fixation on both fingers.

The defendant’s insurance company initially proposed around $100,000.00 to settle the case. One problem we encountered was that the client’s automobile insurance company had paid out around $100,000.00 for medical expenses and had a right to be repaid from any settlement we made with the defendant’s insurance company. We were able to argue, however, that based on the language of their policy, our client’s insurer had overpaid for the medical expenses, and that their lien should be far less. Eventually, we were able to convince the company to accept $15,000.00 to settle the lien. This allowed us to continue negotiations with the defendant’s insurance company, which ultimately agreed to pay our client $150,000.00, and the case settled. It was a very good result, and our injured client was pleased with the compensation we obtained for them.

Before Filing: The Pre-Suit Settlement and Demand Phase

Before any lawsuit is filed, we gather medical records, investigate liability, and present a formal demand package to the at-fault insurer. The goal is to resolve the claim early, set expectations on value, and avoid litigation where possible. If the carrier will not pay fairly, we file suit and move into Florida court procedures.

Jurisdiction & Where You Can File a Florida Out-of-State Crash Case

What jurisdiction means

Jurisdiction is a court’s power to hear your case. For car crashes, you can usually file where the wreck happened, or where the at-fault defendant lives.

Florida’s jurisdiction in common scenarios

• Visitor injured in Florida, at-fault driver lives in Florida: The case belongs in Florida, and Florida law controls the injury issues. Key steps like a defense medical exam and trial happen in Florida. Many depositions and mediations can be done by Zoom.
• Floridian injured by an out-of-state driver in Florida: You can sue in Florida because the at-fault driver committed a tort in this state.
• Two visitors collide in Florida, both from different states: The injured visitor can sue in Florida where the crash occurred, or in the defendant’s home state. Florida law usually applies because the crash, evidence, and witnesses are here.
• Both drivers from the same state crash in Florida: You can usually file in Florida, or in the parties’ home state. A defendant can ask a Florida court to transfer the case under the forum non conveniens doctrine when most treatment, witnesses, and parties are elsewhere.

Strategic filing insight when both parties are from the same state

If two Georgians collide in Florida, the case could be filed in Florida and possibly Georgia. Convenience matters here. If you live in Georgia, your doctors are in Georgia, and most witnesses are there, you might prefer to keep the case where you are, provided jurisdiction allows it.

Will the case end up in federal court?

If the plaintiff and defendant are from different states and the claimed damages are at least $75,000, the defendant can remove a Florida state case to federal court. Florida has three federal districts, which are the Northern, Middle, and Southern Districts of Florida. The federal court still applies Florida law to the injury issues.

Key Areas Where State Injury Laws Vary

Fault Determination Rules

States handle fault differently, but when a crash happens in Florida, Florida tort law generally governs liability and damages. Your home-state insurance contract can still affect UM, UIM, offsets, and stacking, which changes how much you may collect even if Florida fault rules apply.

Statutes of Limitations

Each state sets its own filing deadlines. For a Florida crash, you should plan around Florida’s deadlines if the case is filed here, while also accounting for any limits that may apply to related insurance claims governed by your home-state policy.

Types of Damages

What you can recover, including pain and suffering, depends on the law that governs the injury issues. In Florida crash cases, Florida tort law usually controls damages, but policy terms from your home state can impact first-party recoveries, such as UM and UIM.

Insurance Requirements

Florida uses personal injury protection (PIP), which is typically $10,000. Visitors do not automatically get Florida PIP. First-party benefits depend on your own policy, the vehicle you were in, and any rental or rideshare add-ons. Rideshare liability coverage is typically $1,000,000 when the driver has a passenger, $50,000 when the driver is on the app waiting for a request, and the driver’s personal policy when off the app. Do you need uninsured motorist coverage in Florida?

Rules for Specific Cases

Special situations have their own rules. Rentals, rideshares, e-bikes, and scooters involve coverage and venue nuances that differ by company, policy, and state. In litigation, defendants in Florida can require a compulsory medical examination, which is in person and arranged by the defense.

Florida No-Fault & PIP for Out-of-State Visitors

No-fault law in plain English

Florida is a no-fault state. So, Florida uses a no-fault framework for auto crashes. Personal Injury Protection (PIP) pays certain medical bills and a portion of lost wages regardless of who was at fault in the accident, up to policy limits.

Personal Injury Protection (PIP) basics for out-of-state drivers

Florida policies typically carry $10,000 of PIP. PIP is a policy benefit. It does not automatically cover every person injured in Florida.

Visitors generally do not receive Florida PIP just because the crash happened here. Your own auto policy and the vehicle you occupied control first-party benefits. Many visitors rely on MedPay coverage, health insurance, or both. Learn more about how car insurance and health insurance differ when paying for a car accident.

Rideshare and Taxi Accidents for Out-of-State Passengers

When the rideshare driver is at fault

If a rideshare driver is on the app with a passenger, there is typically $1,000,000 of liability coverage available. If the driver is on the app but waiting for a request, the available liability coverage is $50,000. If the driver is off the app, only the driver’s personal policy applies. Our Florida rideshare accident attorneys are ready to help.

When another driver hits your Uber or Lyft

Rideshare companies do not provide an uninsured motorist (UM) layer for passengers when a different driver causes the crash. You first pursue the at-fault driver’s bodily injury coverage. If you purchased UM on your own auto policy, that can be another layer.

Rideshare coverage is tied to driver status. Coverage turns on whether the driver is on the app and whether there is a passenger. In Florida, on a trip with a passenger, liability is typically $1,000,000. If the driver is on the rideshare app, but waiting for a request, liability is typically $50,000. If the driver is off the rideshare app, you are usually limited to the driver’s personal policy. Rideshare UM for passengers when a third party causes the crash is not provided the way many people expect anymore, so your own UM matters. If a third party causes a rideshare crash, passenger UM coverage may not be as expected, making your own UM crucial.

How Your Home-State Auto Policy Changes a Florida Claim

Contract law of your policy can follow you when traveling

Even when Florida law controls the injury issues, the law of the state where your auto policy was issued can control parts of your UM or UIM claim.

Example: Let’s say your policy was issued in an offset state. You have $100,000 of UM, the at-fault driver pays $25,000, and your damages are well above $100,000. In an offset state you might receive only $75,000 from UM since your UM carrier is entitled to offset the at-fault driver’s bodily injury limit from its UM limit. In this case, you would recover a total of $100,000.00. The same scenario in Florida, which is not an offset state, would allow you to recover $125,000.00.

Florida Litigation Procedures That Surprise Out-of-State Clients

• Compulsory medical examination: The defense is allowed to require a compulsory medical examination. It is in person, and it is a required part of litigation initiated by the opposing side.
• In-person trial: Trials are in person. Depositions and mediations are often handled by Zoom to reduce travel.
• Removal of the case to federal court: Out-of-state defendants can remove a case from a Florida court to federal court if the parties are citizens of different states, and the amount in controversy meets the threshold. The federal court applies Florida tort law.
• Forum non conveniens: If nearly all treatment and witnesses are in another state, a Florida court can be asked to transfer the case.

Venue in Florida Out-of-State Accident Cases

Where to file the case is called the “venue”. The venue is usually the county where the crash happened, or the county where the defendant resides. It is not based on where the plaintiff lives.

Practical tip: Filing where the evidence, medical providers, and law enforcement are located usually helps with efficiency and cost.

Out-of-State Visitors Hurt on E-bikes or Scooters in Florida

The same venue rules apply. If an e-bike or scooter crash happens in Hillsborough County, the venue is typically in Tampa, or in the county where the defendant resides in Florida.

Evidence matters. So, make sure to preserve photos, scooter app screenshots, and ride receipts right away, since these disappear quickly. Our e-bike accident lawyers and scooter crash attorneys can help.

Rental Car Accidents for Out-of-State Drivers in Florida

Optional rental car insurance coverage that’s purchased at the counter can add protection such as liability, and in some cases UM.

Without optional coverage, you look to the at-fault driver’s bodily injury limits, then to any UM you carry on your own policy. Keep your rental agreement and coverage selections handy.

When You Need Lawyers in Two States

Case selection and the Florida tie

In a case where neither party is from Florida and the accident occurred outside of Florida, you will need to find a lawyer where the accident took place.

Coordinating across states – Florida resident injured in another state

We have a Florida client who was on vacation in North Carolina when her child suffered severe injuries in a crash. We handled the pre-suit work from Florida, then brought in North Carolina trial counsel once litigation was required. That case had a strong Florida connection through the client, yet the lawsuit had to be filed where the crash occurred.

Things don’t always go as planned

That North Carolina matter was set for trial in Asheville right after a hurricane devastated the area. The court postponed the trial because the city was dealing with storm damage, power issues, and recovery efforts. Real-life events can disrupt court schedules, which is why we build flexibility, communication, and contingency plans into our approach.

Why Hire a Florida Out-of-State Accident Lawyer Near You

• Licensing and filing. If the crash happened in Florida, you need a Florida lawyer for filing and local court practice. Out-of-state counsel can sometimes help with pre-suit, and then we step in once a lawsuit is necessary.
• Florida rules, Florida results. We navigate Florida’s no-fault rules, UM issues that depend on your home-state policy, long-arm jurisdiction, removal and remand practice, and venue traps. Things can quickly get complicated, especially when an uninsured driver is involved – for example, here’s what happens if the person at-fault in an accident has no insurance in Florida.
• Minimizing travel. We structure depositions, mediations, and as many steps as possible by Zoom when appropriate, which reduces your trips back to Florida.

Contact us 24/7. We provide 100% free consultations.