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Last updated: September 30, 2024

Penalties for Driving Without Insurance in Florida

You could face a three-year license suspension and a $500 fine.

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Florida’s car insurance rates are some of the most expensive in the country on average, largely due to the state’s extreme weather and no-fault car insurance law. The latter means that each driver in an accident is responsible for their own injury-related costs, regardless of who is at fault, so insurance rates are generally higher for everyone as a result. While this might make it more tempting to forgo insurance, it’s illegal, and you could face penalties if caught.

Penalties for Driving Without Insurance in Florida

Driving without insurance is against the law in Florida and could result in the suspension of your license for up to three years and a reinstatement fee of up to $500.1 In order to avoid these penalties, you must carry $10,000 worth of coverage for both property damage liability and personal injury protection.

Unfortunately, Florida has some of the highest insurance rates in the country, with many drivers unable to afford coverage.

“If someone is driving in Florida without insurance, it is almost always because of the
cost and affordability,” says Evan Marcotte who owns a Florida agency that specializes in non-standard auto insurance. “Some people are willing to risk the penalty. Another reason could be that they forgot to pay their bill or renew their current insurance policy.”

NOTE

Florida requires personal injury protection (PIP) due to its no-fault laws.

If your insurance company notifies the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) that your policy has been canceled and your vehicle is still registered, or if you’re involved in a crash or receive a citation for driving without proof of insurance, you may receive a Notice of Suspension letter from the FLHSMV to verify your insurance coverage.2 The steps to resolve the suspension depend on the type of notice you receive.

Canceled Insurance

If your insurance is canceled and you haven’t turned in your Florida plates, your license may be suspended if you can’t prove that your coverage didn’t lapse. To reinstate it, you’ll need to purchase insurance and make sure the insurance company sends electronic verification to the FLHSMV. You’ll then need to pay the reinstatement fee noted in the letter.

Driving Without Proof of Insurance

If a court finds you guilty of driving without proof of insurance, and you similarly can’t prove that you had coverage in effect, you’ll need to either surrender your plates, or purchase insurance and file an SR-22. You must purchase the insurance before the license suspension date noted in the letter in order to avoid the suspension. Otherwise, you’ll also need to pay a reinstatement fee.

At-Fault Accident Without Adequate Insurance

If you are at fault in an accident that caused injuries to the other party and didn’t have adequate insurance, you’ll need to do the following:3

  • Purchase insurance with limits of 10/20/10, including $20,000 worth of bodily injury liability coverage per accident, and have your insurance company file an SR-22 on your behalf
  • Get releases from the other party involved in the accident for their property damages and/or bodily injuries, or post a security deposit with the FLHSMV for the amounts noted in the suspension notice
  • Pay a $15 reinstatement fee

Similarly, if you’re at fault in an accident that only causes property damage but no injuries, you’ll need to:

  • Purchase state minimum coverage car insurance or surrender your plates to the FLHSMV
  • Get releases from the other party involved in the accident for their property damages, or post a security deposit with the FLHSMV for the amounts noted in the suspension notice
  • Pay a reinstatement fee between $150 and $500

What Happens if I Don’t Have Proof of Insurance?

If you receive a citation for driving without proof of insurance, you’ll receive a notice from the FLHSMV. You’ll then have an opportunity to provide your insurance policy information online or send in your insurance information by fax or mail to avoid license suspension.

What Proof Is Required?

Proof of insurance will be submitted directly to the FLHSMV by your insurance company when you purchase a policy, but you also need to have proof on you at all times when driving. The best form of proof is your insurance ID card, which includes important policy information such as the policy number, company code and your car’s VIN.

Paper or Electronic?

Florida accepts both paper and electronic proof of insurance, so having your insurance ID on your phone is sufficient if you’re asked to show it by law enforcement. However, it’s generally a good best practice to have a paper copy on hand just in case. Learn how to add an insurance card to your digital wallet.

SR-22s/FR-44s

Florida requires SR-22s in certain cases for drivers caught driving without insurance. If you receive a citation for driving without proof of insurance, you’ll need to purchase a non-cancellable, six-month SR-22 policy, and the SR-22 must remain on file for two years, according to the Florida Department of Highway Safety and Motor Vehicles.

You’ll also need to file an SR-22 if you are at fault in an accident that causes injuries to the other party and don’t have insurance coverage. In this case, the SR-22 will remain on file for three years.

How to Get Insurance After a Lapse in Coverage

Getting car insurance in Florida after a lapse in coverage can be more difficult, and you should also expect it to be more expensive. You should start by shopping around as you normally would since every insurer has different standards for what is considered high-risk and will charge you different rates. It’s possible that you’ll be able to find relatively affordable coverage from a standard insurer depending on your driving record and how long your coverage lapse was.

For those struggling to afford auto insurance in Florida, Marcotte recommends buying your vehicle outright to avoid having to pay for collision and comprehensive coverage. Additionally, paying your insurance policy upfront may qualify you for a discount, and will also ensure that your coverage doesn’t lapse.

“Try to get a car that you can pay cash for so you don’t need to carry full coverage if you

don’t have to,” he says. “Pay [your insurance premiums] six months in advance if you can.”

If insurers deny you coverage, seek quotes from agencies or companies that specialize in high-risk drivers.

“Make sure the company or agency you are using has the right insurance carriers that can insure higher risk drivers,” Marcotte says. “Dairyland does really well on high risk drivers and those with lapses.” Marcotte’s own agency helps drivers who need SR-22s, FR-44s, or have accidents/violations from the past three years.

If you cannot find any insurance companies to cover you, go through the Florida Automobile Joint Underwriting Association (https://fajua.org/) to find a high-risk provider. The Association was created in 1973 to help high-risk drivers find coverage when no other insurers would offer it to them. You can use their website to search by your ZIP code and find high-risk insurers.

Appealing Your Fine

If you receive a Notice of Suspension from the FLHSMV and believe you are being wrongly charged or fined, there will be instructions for how to rectify the situation. Generally, you’ll need to contact your insurance company and ask them to verify your coverage with the department to avoid suspension and get any charges dropped.

Other Car Insurance Laws in Florida

Here are the basic laws you should be aware of when driving in Florida.

Minimum Coverage

In Florida, all drivers must carry the following coverages at a minimum:

  • $10,000 in property damage liability per accident
  • $10,000 in personal injury protection
  • If you are convicted of a DUI or certain other severe violations, you may be required to add bodily injury liability coverage as well.

FYI

Florida doesn’t require bodily injury liability coverage for most drivers because of its no-fault system — PIP is designed to cover medical expenses for each driver instead. However, it’s wise to add bodily injury coverage to your policy because other drivers that you injure in an at-fault accident can sue you for damages depending on the severity of their injuries.

Registration

To register a car in Florida, you must show proof of personal injury protection and property damage liability coverage as listed above. If you’re moving to Florida, you must register a car within 10 days of establishing residency in the state.

If you’re registering a car for the first time, you’ll need to go in person to a local service center (https://www.flhsmv.gov/locations/) and pay a $225 fee. You’ll need to provide proof of identity, proof of insurance and an Application for Certificate of Title (https://www.flhsmv.gov/pdf/forms/82040.pdf).

You’ll also need to renew your registration every one to two years, depending on the period you registered it for. The renewal process and fee payment can be done online. If you don’t renew by the deadline, you’ll have to pay a delinquent fee.4

Recap

Florida is one of a few states that has no-fault insurance, so it requires all drivers to have personal injury protection to pay for medical expenses that result from accidents, regardless of fault. It also requires property damage liability coverage, but not bodily injury liability coverage.

The minimum requirements are very low, but insurance in the state is unfortunately expensive. It also has one of the highest rates of uninsured drivers in the country at over 20 percent.5 This statistic means that adding uninsured motorist coverage to your policy is wise. Additionally, it’s a good idea to get higher limits than the minimum amounts to get better financial protection.

Regardless of the coverage you opt for, you must have at least the minimum coverage to comply with the law and avoid fines and a potential suspension of your license and registration.

Frequently Asked Questions

What happens when an uninsured driver hits you in Florida?

If an uninsured driver hits you in Florida, you can make a claim with your insurance company, but it may decline to pay for damages if you don’t have uninsured motorist coverage on your policy. Your other option would be to sue the uninsured driver for damages.

Can I have a car in Florida without insurance?

No, you cannot have a car in Florida without insurance — all registered vehicles in the state must have at least the minimum coverage requirements mandated by state law. You will need insurance to register a vehicle in Florida.

Is there a grace period for car insurance in Florida?

The grace period for car insurance on new vehicles in Florida is seven to 30 days in most cases.

What happens if you drive without a license and get into an accident in Florida?

If you drive without a license and get into an accident in Florida, you may face both criminal charges and civil liability. Driving without a valid license is illegal, and you could be fined or arrested if caught doing so. If you get into an accident, you could also be held liable for any damages you cause to the other party.

Citations

  1. Florida Insurance Requirements. Florida Department of Highway Safety and Motor Vehicles. (2024).
    https://www.flhsmv.gov/insurance/

  2. Received a Letter. Florida Department of Highway Safety and Motor Vehicles. (2024).
    https://www.flhsmv.gov/insurance/received-a-letter/

  3. Involved in a Crash?. Florida Department of Highway Safety and Motor Vehicles. (2024).
    https://www.flhsmv.gov/insurance/involved-in-a-crash/

  4. Motor Vehicle Registrations. Florida Department of Highway Safety and Motor Vehicles. (2024).
    https://www.flhsmv.gov/motor-vehicles-tags-titles/license-plates-registration/motor-vehicle-registrations/

  5. One in Eight Drivers Uninsured. Insurance Research Counsel. (2021, Mar 22).
    https://www.insurance-research.org/sites/default/files/downloads/UM%20NR%20032221.pdf