Florida Insurance Requirements

Involved in a Crash?

Seleccione aquí para Español

Section 316.065, Florida Statutes, requires the driver of a vehicle involved in a crash involving injury or death to a person, or at least $500 estimated vehicle or property damage to immediately contact local law enforcement.  Otherwise, you can complete a “Driver Report of Traffic Crash (Self Report)” or “Driver Exchange of Information” on line, or download the form at https://www.flhsmv.gov/traffic-crash-reports/ and submit it to the address on the form.

 

Requesting the other party’s insurance information

Section 324.242(2), Florida Statutes, only allows release of insurance information for a vehicle involved in a crash to:

  • A person involved in the crash;
  • Their attorney; or
  • A representative of the insurer of anyone involved in the crash.

If you need the other party’s insurance coverage, please complete the following:

  1. Complete Insurance Request Form (HSMV 83392),
  2. Get a copy of the complete crash report, front and back. Crash reports are available for purchase at floridacrashportal.gov. You may also send in a copy of the Driver Report of Traffic Crash (Self Report).
  3. Mail or fax the Insurance Request Form and the complete crash report or Driver Report of a Traffic Crash (Self Report) to:

Customer Service Correspondence Center
2900 Apalachee Parkway, Room A216, MS 99
Tallahassee, Florida 32399-0585
Fax: 850-617-5216

  1. Please allow ten working days after receipt by the Department for processing.

 

Crashes Involving Injuries

If the at-fault driver was charged with a moving violation and injuries or possible injuries were noted on the crash report, Florida Financial Responsibility Law (Chapter 324, Florida Statutes) requires the at fault owner/driver to have full liability insurance coverage in effect at the time of the crash. This coverage includes:

  • minimum limits of bodily injury liability of $10,000 per person, $20,000 per crash,
  • $10,000 property damage liability per crash, and
  • personal injury protection limits of $10,000 per person per crash.

If the owner/driver did not have this coverage, the department requires the at-fault party to:

  1. Purchase and maintain minimum limits of $10,000/$20,000/$10,000 insurance coverage and an SR-22 filing (certification of liability insurance) for three years from the designated suspension date. Your insurance company must certify this SR-22 filing with our department;
  2. Obtain releases from the other parties for their property damages and/or bodily injuries or post a security deposit with the department in the amounts listed on the suspension notice; and
  3. Pay a $15 reinstatement fee, if applicable.

Crashes Involving Property Damage Only

If the at-fault driver was charged with a moving violation, and vehicle or property damage (no injuries) were noted on the crash report, Florida Financial Responsibility Law (Chapter 324, Florida Statutes) requires the owner of the at fault vehicle to have compulsory coverage in effect at the time of the crash. This coverage includes:

  • $10,000 property damage liability (PDL) per crash, and
  • personal injury protection (PIP) limits of $10,000 per person per crash.

If the owner of the at-fault vehicle did not have this coverage, the department requires the at-fault owner to:

  1. Obtain releases from the other parties for their vehicle/property damages, or post a security deposit with the department in the amounts listed on the crash report,
  2. Purchase $10,000 PIP/$10,000 PDL insurance or surrender the Florida plate and registration; and
  3. Pay a $150 – $500 reinstatement fee, if applicable.

Final Judgment

Section 324.121, Florida Statutes authorizes the department to suspend the  license of an at-fault party when a judgment is rendered by the court involving a crash. If you are involved in a crash, you may choose to pursue a final judgment by filing a civil suit against the at-fault party.

Once a final judgment is rendered, and thirty days has expired from the final judgment date, you will need to get a certified copy of the judgment from the court and send the certified judgment and the crash report to:

Department of Highway Safety and Motor Vehicles
Bureau of Motorist Compliance
2900 Apalachee Parkway, Room B260F, MS-87
Tallahassee, Florida 32399-0585

Final judgments submitted to our department are immediately enforced and the at-fault party’s license, tags, and registrations are suspended for 20 years or until the judgment is satisfied.

Forms:

Insurance Request Form – Section 324.242, Florida Statutes specifies who can receive insurance information for a vehicle involved in a crash (HSMV 83392)

Release in Full of All Claims – releases the at-fault party from any and ALL claims (HSMV 74014)

Agreement of Repayment – allows the at-fault party to make arrangements for an agreed upon repayment amount until claim is paid in full (HSMV 74036).  If the at-fault party defaults on the repayment agreement, the department does not take action and the other party must take the dispute to court.

FAQs

  • If I am approached by the at-fault party with a release (HSMV 74014) or agreement (HSMV 74036) form, what should I do?

    Settlements for damages are at your discretion. However, if you have been compensated by your insurance company for any damages or injuries sustained in the crash, you should consult your insurance company and/or your attorney.

    When the company compensates you for your damages, they are vested with subrogation rights against the at-fault party. If you sign a release document, you could be liable for monies paid by your insurance company.

  • Once I have obtained a SR-22 insurance filing and a signed release/payment form, what should I do with them?

    When you receive an inquiry from the department requesting proof of coverage for the crash date, you may mail them to:

    Department of Highway Safety and Motor Vehicles
    Bureau of Motorist Compliance
    2900 Apalachee Parkway, Room B260F, MS-87
    Tallahassee, Florida 32399-0585

    Or take them to your nearest driver license and motor vehicles service center or Tax Collector’s office so your driving privilege is not suspended.

  • I am thoroughly confused about all these automobile insurance laws. I want to talk to someone who can help me understand. Who can I call?

    Call the Department of Highway Safety and Motor Vehicles, Customer Service Center, at (850) 617-2000.